Non Disclosure Agreement For Design Work Template for India

This Non Disclosure Agreement For Design Work is essential when engaging in any design-related business relationship in India where confidential design information needs to be shared. It's particularly relevant when commissioning design work, collaborating on design projects, or sharing design concepts with potential clients or manufacturers. The agreement ensures protection under Indian law, including the Contract Act, 1872, and Designs Act, 2000, covering both physical and digital design assets. It's crucial for situations involving industrial designs, product designs, fashion designs, architectural plans, or digital designs, providing specific provisions for protecting intellectual property rights, maintaining confidentiality, and establishing clear usage permissions. The document is structured to accommodate both one-way and mutual disclosure scenarios, making it suitable for various design business relationships.

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

2. Background: Context of the relationship, nature of design work, and purpose of sharing confidential information

3. Definitions: Key terms including 'Confidential Information', 'Design Materials', 'Design Rights', 'Intellectual Property Rights', and 'Permitted Purpose'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of design work, including sketches, prototypes, digital files, and technical specifications

5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of design materials

6. Permitted Use and Disclosure: Specific circumstances under which the receiving party may use or share the confidential design information

7. Protection of Design Materials: Specific measures required to protect physical and digital design assets

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

9. Duration and Termination: Term of the agreement and confidentiality obligations post-termination

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

11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments