The Patent Non Disclosure Agreement is essential when sharing sensitive patent-related information in New Zealand while maintaining patent rights and confidentiality. This document becomes necessary when inventors or patent owners need to disclose technical details of their invention to potential partners, investors, or evaluators before or after patent filing. It's particularly crucial in preserving patent novelty under New Zealand's Patents Act 2013, as public disclosure can affect patentability. The agreement covers technical specifications, experimental data, manufacturing processes, and related know-how. It's designed to comply with New Zealand intellectual property law while facilitating necessary business discussions and technical evaluations. This document is commonly used in research partnerships, commercial negotiations, and technology transfer scenarios where patent-related information needs to be shared securely.
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1. Parties: Identification of the disclosing party (typically the patent owner/applicant) and receiving party, including full legal names and addresses
2. Background: Context of the disclosure, including reference to patent/invention and purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Patent Information', 'Permitted Purpose', 'Representatives'
4. Confidentiality Obligations: Core obligations regarding non-disclosure, protection, and restricted use of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be shared with representatives or as required by law
6. Security Measures: Specific measures required to protect confidential information
7. Return or Destruction: Requirements for handling confidential information upon agreement termination
8. Term and Termination: Duration of the agreement and circumstances for termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard boilerplate including governing law, jurisdiction, and entire agreement
1. Employee and Representative Obligations: Additional provisions regarding obligations of employees and representatives who may access the confidential information
2. Assignment: Rights and restrictions regarding assignment of the agreement to other parties
3. Public Domain Exception: Detailed provisions about information that enters the public domain through no fault of the receiving party
4. Patent Filing Rights: Provisions clarifying that the agreement doesn't restrict the disclosing party's right to file patent applications
5. Residual Knowledge: Provisions addressing use of non-confidential general knowledge and experience gained
6. Export Control: Provisions regarding compliance with export control laws if applicable to the patent technology
1. Schedule 1 - Description of Confidential Information: Detailed description of the patent-related confidential information being disclosed
2. Schedule 2 - Permitted Purpose: Detailed scope of the permitted use of the confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for protecting the confidential information
4. Schedule 4 - Authorized Representatives: List of authorized representatives who may access the confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives to sign
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