Patent Non Disclosure Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Patent Non Disclosure Agreement

"I need a Patent Non-Disclosure Agreement under Hong Kong law for my biotech startup to share patent-pending vaccine technology with a potential manufacturing partner in mainland China, with extra provisions for cross-border data transfer and handling of biological information."

Document background
The Patent Non Disclosure Agreement is essential when parties need to share sensitive patent-related information while maintaining confidentiality and protecting intellectual property rights under Hong Kong law. This document is particularly crucial during patent development, licensing negotiations, technology transfers, or due diligence processes. It helps prevent unauthorized disclosure of patent-related information that could compromise patent rights or competitive advantage. The agreement incorporates specific requirements of Hong Kong's Patents Ordinance and common law principles of confidentiality, making it suitable for both domestic and international parties operating within Hong Kong's jurisdiction. It's commonly used in research collaborations, technology partnerships, and commercial negotiations where patent-related information needs to be shared while maintaining legal protection.
Suggested Sections

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

2. Background: Context of the disclosure, relationship between parties, and purpose of sharing patent-related information

3. Definitions: Definition of 'Confidential Information', 'Patent Information', 'Permitted Purpose', and other key terms

4. Scope of Confidential Information: Detailed description of protected information, specifically relating to patent applications, innovations, and related technical information

5. Confidentiality Obligations: Core obligations to maintain confidentiality, including specific handling requirements for patent-related information

6. Permitted Use and Disclosure: Specified purposes for which the information can be used and circumstances under which disclosure is permitted

7. Security Measures: Required security protocols and measures for protecting the confidential information

8. Duration and Survival: Term of the agreement and survival of obligations post-termination

9. Return or Destruction of Information: Requirements for handling confidential information upon termination or request

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

Optional Sections

1. Employee and Representative Obligations: Additional provisions for when the receiving party needs to share information with employees or representatives

2. Patent Filing Rights: Provisions clarifying that the agreement doesn't transfer any patent rights or affect patent filing priorities

3. Competition Law Compliance: Specific provisions ensuring compliance with Hong Kong competition law when parties are competitors

4. Export Control: Provisions for when the patent information is subject to export control regulations

5. Reverse Engineering Prohibition: Specific prohibition on reverse engineering when relevant to the protected technology

6. Residual Knowledge: Provisions addressing use of residual knowledge acquired during the permitted purpose

7. Joint Development: Provisions for scenarios where the parties may jointly develop improvements to the patent technology

Suggested Schedules

1. Schedule 1 - Description of Patent Information: Detailed description of the specific patent information being disclosed, including patent applications, drawings, and technical specifications

2. Schedule 2 - Authorized Representatives: List of authorized representatives from each party who may access the confidential information

3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling the confidential information

4. Appendix A - Permitted Purpose Details: Detailed description of the specific permitted purposes for using the confidential information

5. Appendix B - Form of Confidentiality Undertaking: Template confidentiality undertaking for employees or representatives who will access the information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Technology

Pharmaceuticals

Biotechnology

Manufacturing

Electronics

Telecommunications

Automotive

Aerospace

Chemical

Medical Devices

Software Development

Clean Energy

Industrial Engineering

Research & Development

Healthcare

Relevant Teams

Legal

Research & Development

Intellectual Property

Innovation

Product Development

Technology Transfer

Business Development

Patents

Technical Operations

Scientific Affairs

Regulatory Affairs

Relevant Roles

Chief Technology Officer

Research Director

Patent Attorney

Intellectual Property Manager

R&D Manager

Innovation Director

Legal Counsel

Technology Transfer Officer

Product Development Manager

Technical Director

Chief Scientific Officer

IP Commercialization Manager

Business Development Director

Research Scientist

Patent Administrator

Technology Licensing Manager

Industries
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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