This Product Development NDA is designed for use when parties engage in collaborative product development activities where sensitive technical, design, or commercial information needs to be shared. The agreement is specifically structured to comply with New Zealand law and provides comprehensive protection for confidential information, intellectual property, and trade secrets during the product development process. It should be used when companies or individuals are planning to share proprietary information related to new product development, including but not limited to technical specifications, prototypes, manufacturing processes, and market strategies. The document incorporates key requirements from New Zealand's commercial and intellectual property legislation, making it particularly suitable for development projects undertaken within New Zealand's jurisdiction.
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1. Parties: Identification of all parties to the agreement, including full legal names and addresses
2. Background: Context of the product development relationship and purpose of the NDA
3. Definitions: Key terms including 'Confidential Information', 'Product', 'Development Materials', 'Intellectual Property Rights', and other relevant terms
4. Purpose and Scope: Specific description of the product development project and the purpose for which confidential information will be shared
5. Confidentiality Obligations: Core obligations regarding non-disclosure, protection, and permitted uses of confidential information
6. Intellectual Property Rights: Ownership and rights related to existing IP and any IP created during the product development process
7. Security Measures: Required security measures for protecting confidential information during the development process
8. Term and Termination: Duration of the agreement and circumstances for termination
9. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information after the agreement ends
10. Breach and Remedies: Consequences of breach and available remedies
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Non-Compete Provisions: Restrictions on competitive activities - include when there's a specific risk of competition
2. Third Party Disclosure: Rules for sharing information with contractors or subcontractors - include when third parties will be involved in development
3. Export Control: Compliance with export control laws - include for products with international implications
4. Data Protection: Specific provisions for personal data protection - include when personal data will be processed
5. Source Code Protection: Special provisions for protecting source code - include for software development
6. Testing and Acceptance: Procedures for testing prototypes - include for physical product development
7. Insurance Requirements: Required insurance coverage - include for high-value or high-risk products
1. Schedule 1 - Description of Product: Detailed description of the product being developed
2. Schedule 2 - Specific Confidential Information: Itemized list of confidential information types covered
3. Schedule 3 - Authorized Personnel: List of individuals authorized to access confidential information
4. Schedule 4 - Security Protocols: Detailed security measures and protocols
5. Appendix A - Form of Confidentiality Undertaking: Template for additional parties to sign confidentiality undertakings
6. Appendix B - Data Handling Procedures: Specific procedures for handling and protecting confidential data
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