The Non-Disclosure Agreement For Invention serves as a crucial legal instrument in Malaysia's innovation ecosystem, protecting confidential information related to new inventions before patent applications are filed or during collaborative development phases. This document is essential when inventors or companies need to share sensitive technical information with potential partners, investors, or manufacturers while maintaining legal protection. The agreement is structured in accordance with Malaysian law, particularly the Patents Act 1983 and common law principles regarding confidential information. It's commonly used in research and development contexts, technology transfer scenarios, and commercial negotiations where innovative technologies or methods need to be disclosed while preserving their confidential nature and potential patentability.
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1. Parties: Identification of the disclosing party (inventor/owner) and receiving party, including full legal names and addresses
2. Background: Context of the disclosure, including the purpose of sharing the invention information and the general nature of the confidential information
3. Definitions: Key terms including 'Confidential Information', 'Invention', 'Permitted Purpose', 'Representatives', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, specifically relating to the invention
5. Obligations of Confidentiality: Core confidentiality obligations, including duty of care, security measures, and non-disclosure requirements
6. Permitted Use and Disclosure: Specific permitted purposes for which the confidential information may be used and circumstances under which disclosure is allowed
7. Protection of Invention Rights: Provisions specifically protecting patent rights and other intellectual property related to the invention
8. Return or Destruction of Confidential Information: Requirements for handling confidential materials upon request or termination
9. Term and Survival: Duration of the agreement and which obligations survive termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Representatives and Third Parties: Additional provisions when the receiving party needs to share information with employees, advisors, or other third parties
2. Patent Filing Rights: Include when there's a possibility of patent applications being filed for the invention
3. Non-Competition: Optional restrictions on competing activities, if relevant to the invention
4. Publicity and Announcements: Include when public disclosure of the relationship or invention might be necessary
5. Export Control: Include when the invention involves technology subject to export control regulations
6. Assignment and Licensing Rights: Include when there might be future transfer or licensing of the invention
7. Reverse Engineering Prohibition: Include when the invention could be subject to reverse engineering
8. Data Protection: Include when personal data might be involved in the confidential information
1. Schedule 1 - Description of the Invention: Detailed technical description of the invention and related confidential information
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle the confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling the confidential information
4. Appendix A - Confidentiality Acknowledgment Form: Form to be signed by individual representatives who will have access to the confidential information
5. Appendix B - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
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