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Invention Disclosure Agreement

Invention Disclosure Agreement Template for Denmark

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Invention Disclosure Agreement

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Document background
The Invention Disclosure Agreement is a crucial document used when an inventor or company needs to share confidential information about an invention with another party while maintaining legal protection. This agreement, governed by Danish law, is particularly important in the pre-patent filing stage or during business negotiations where detailed technical information needs to be shared. It incorporates provisions from key Danish legislation including the Patents Act, Trade Secrets Act, and when applicable, the Act on Employee's Inventions. The document serves as a critical risk management tool, enabling innovation and business development while protecting intellectual property rights. An Invention Disclosure Agreement is essential for maintaining patent rights, as improper disclosure could compromise patentability under Danish and international law.
Suggested Sections

1. Parties: Identification of the disclosing party (inventor/company) and receiving party, including full legal names and addresses

2. Background: Context of the disclosure, relationship between parties, and purpose of the agreement

3. Definitions: Key terms including 'Invention', 'Confidential Information', 'Permitted Purpose', and other relevant definitions

4. Subject Matter of Disclosure: Description of the invention and scope of information being disclosed

5. Confidentiality Obligations: Detailed obligations regarding protection and non-disclosure of the invention and related information

6. Permitted Uses: Specific purposes for which the receiving party may use the disclosed information

7. Ownership and Rights: Confirmation of ownership rights and statement that disclosure does not transfer any rights to the receiving party

8. Return or Destruction of Information: Obligations regarding handling of confidential information upon agreement termination

9. Duration and Termination: Term of the agreement and conditions for termination

10. Breach and Remedies: Consequences of breach and available remedies under Danish law

11. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

Optional Sections

1. Employee Invention Provisions: Required when the inventor is an employee, incorporating requirements from the Danish Act on Employee's Inventions

2. Multiple Inventors: Required when the invention has multiple contributors to address joint ownership and rights

3. International Protection: Needed when seeking protection in multiple jurisdictions or when parties are from different countries

4. Patent Filing Procedures: Required when there are specific agreements about patent application processes and responsibilities

5. Evaluation Period: Optional section defining a specific period for evaluating the invention before further agreements

6. Data Protection: Required when personal data processing is involved, ensuring GDPR compliance

7. Non-Competition: Optional restrictions on competing activities, subject to Danish law limitations

8. Assignment Rights: Optional provisions regarding the right to assign the agreement to third parties

Suggested Schedules

1. Technical Description: Detailed technical specifications and drawings of the invention

2. Invention Documentation: Supporting documentation, test results, and development history

3. Permitted Recipients: List of authorized individuals or entities who may access the confidential information

4. Security Procedures: Specific procedures for handling and protecting the confidential information

5. Prior Rights: Documentation of any existing rights or prior art relevant to the invention

6. Compensation Terms: If applicable, details of any compensation or royalty arrangements

Authors

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Relevant legal definitions
Agreement
Confidential Information
Invention
Disclosure Purpose
Effective Date
Evaluation Period
Permitted Recipients
Representatives
Technical Information
Trade Secrets
Intellectual Property Rights
Patent Rights
Know-How
Proprietary Information
Disclosing Party
Receiving Party
Affiliated Companies
Permitted Purpose
Confidential Materials
Technical Documentation
Development Records
Test Results
Research Data
Background IP
Improvements
Commercial Purpose
Evaluation License
Confidentiality Period
Disclosing Representative
Security Requirements
Prior Art
Working Day
Territory
Technical Field
Contractual Purpose
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Patents Act (Patentloven): Primary legislation governing patent rights and protection of inventions in Denmark, including requirements for patentability, application procedures, and scope of protection
Danish Act on Employee's Inventions (Lov om arbejdstageres opfindelser): Regulates rights and obligations regarding inventions made by employees during employment, including notification requirements and compensation rights
Danish Trade Secrets Act (Lov om forretningshemmeligheder): Implements EU Trade Secrets Directive (2016/943), protecting confidential business information and know-how, crucial for invention disclosure agreements
Danish Contracts Act (Aftaleloven): Provides the legal framework for contract formation, validity, and enforcement, including rules on offer and acceptance, and contractual obligations
Danish Marketing Practices Act (Markedsføringsloven): Contains provisions on unfair competition and protection of trade secrets, relevant for maintaining confidentiality of disclosed inventions
Danish Personal Data Protection Act (Databeskyttelsesloven): Implementation of GDPR in Denmark, relevant when invention disclosures contain personal data of inventors or other individuals
EU Regulation 1257/2012 (Unitary Patent Regulation): European legislation with direct effect in Denmark, establishing unitary patent protection and potentially affecting cross-border invention protection
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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