Confidentiality And Non Circumvention Agreement Template for India

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Key Requirements PROMPT example:

Confidentiality And Non Circumvention Agreement

"I need a Confidentiality and Non-Circumvention Agreement for a potential joint venture between my technology startup and a manufacturing company in Mumbai, with special emphasis on protecting our AI algorithms and preventing the manufacturer from directly approaching our clients."

Document background

The Confidentiality And Non Circumvention Agreement is essential in business relationships where parties need to share sensitive information while ensuring protection against both unauthorized disclosure and potential circumvention of business opportunities. This document is particularly relevant in the Indian business context, where it provides a robust framework under Indian law for protecting proprietary information, trade secrets, and business relationships. It is commonly used in negotiations, joint ventures, potential investments, and business partnerships where parties need to explore opportunities while maintaining confidentiality. The agreement combines standard NDA provisions with specific non-circumvention clauses to prevent parties from bypassing each other to directly pursue business opportunities discovered through their relationship.

Suggested Sections

1. Parties: Identification of all parties to the agreement, including registered addresses and company details

2. Background: Context of the agreement, business relationship, and purpose of sharing confidential information

3. Definitions: Definitions of key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and 'Circumvention'

4. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information

5. Non-Circumvention Obligations: Provisions preventing parties from bypassing each other in business dealings

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors

7. Security Measures: Required measures for protecting confidential information

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

9. Duration and Survival: Term 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, and entire agreement

Optional Sections

1. Intellectual Property Rights: Additional provisions protecting IP rights when confidential information includes patentable inventions or trade secrets

2. Data Protection Compliance: Specific provisions for compliance with data protection laws when personal data is involved

3. Non-Solicitation: Provisions preventing poaching of employees or clients, often included in business contexts

4. Assignment and Succession: Special provisions for transferability of rights, needed in corporate transactions

5. Digital Security Measures: Specific provisions for protecting digital information, required when sharing electronic data

6. Publicity and Announcements: Controls on public statements about the business relationship

7. Competing Projects: Provisions addressing participation in competing projects, relevant in joint venture contexts

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list or categories of information deemed confidential

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed

4. Appendix A - Notification Details: Contact details and procedures for required notices under the agreement

5. Appendix B - Form of Confidentiality Undertaking: Template undertaking for representatives or third parties who need access to confidential 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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology

Manufacturing

Financial Services

Healthcare

Pharmaceuticals

Real Estate

Professional Services

Energy

Telecommunications

E-commerce

Research & Development

Automotive

Aerospace

Biotechnology

Media & Entertainment

Relevant Teams

Legal

Business Development

Executive Leadership

Research & Development

Procurement

Operations

Corporate Strategy

Mergers & Acquisitions

Innovation

Information Technology

Finance

Commercial Operations

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Business Development Manager

Legal Counsel

Corporate Lawyer

Investment Manager

Project Manager

Research Director

Technology Officer

Operations Manager

Strategic Partnership Manager

Procurement Manager

Mergers & Acquisitions Director

Innovation Manager

Commercial Director

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