The Agreement To Protect Intellectual Property is essential when entities need to share valuable intellectual property while maintaining control over its use and distribution. This document is commonly used in business relationships where proprietary information, trade secrets, or other intellectual property needs to be disclosed to another party, such as in contractor relationships, joint ventures, or potential business transactions. The agreement, governed by New Zealand law, provides comprehensive protection by defining the scope of protected IP, establishing clear confidentiality obligations, specifying permitted uses, and outlining security requirements. It includes provisions aligned with New Zealand's IP protection framework, including relevant statutes and common law principles, making it suitable for both domestic and international business relationships involving New Zealand entities.
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1. Parties: Identifies and defines all parties to the agreement, including their legal status and contact details
2. Background: Provides context for the agreement, including the nature of the business relationship and the purpose of protecting IP
3. Definitions: Defines key terms used throughout the agreement, particularly technical and legal terminology related to IP
4. Scope of Protected Information: Clearly defines what constitutes protected IP, including all forms of intellectual property covered by the agreement
5. Ownership of Intellectual Property: Establishes and confirms the ownership rights of existing and future IP
6. Confidentiality Obligations: Details the obligations to maintain confidentiality of protected information
7. Permitted Use: Specifies how the protected IP may be used, including any limitations and restrictions
8. Security Measures: Outlines required measures to protect and secure the IP
9. Term and Termination: Specifies the duration of the agreement and circumstances for termination
10. Return of Materials: Procedures for returning or destroying protected information upon termination
11. Breach and Remedies: Consequences of breaching the agreement and available remedies
12. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. License Grant: Used when specific license rights are being granted to use the protected IP
2. Development Rights: Included when parties are involved in developing new IP or modifications to existing IP
3. Third Party Disclosure: Added when disclosure to specific third parties (such as contractors or advisors) may be necessary
4. Export Control: Required when IP may be subject to international transfer or export regulations
5. Non-Competition: Included when restrictions on competitive activities are necessary
6. Audit Rights: Added when one party requires the right to audit the other's compliance
7. Insurance Requirements: Used when specific insurance coverage is required for IP protection
8. Survivorship: Specifies which obligations continue after agreement termination
1. Schedule 1 - Protected Intellectual Property: Detailed list and description of all IP covered by the agreement
2. Schedule 2 - Authorized Personnel: List of individuals authorized to access and use the protected IP
3. Schedule 3 - Security Protocols: Detailed security measures and procedures for protecting IP
4. Schedule 4 - Permitted Uses: Specific details of allowed uses and any associated conditions
5. Appendix A - Technical Specifications: Technical details of protected IP, particularly for patents or technical trade secrets
6. Appendix B - Reporting Requirements: Forms and procedures for required reporting on IP usage
7. Appendix C - Destruction Procedures: Procedures for secure destruction or return of protected information
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