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Confidential Information And Invention Assignment Agreement for Canada

Confidential Information And Invention Assignment Agreement Template for Canada

A comprehensive legal agreement used in Canadian jurisdictions to protect an organization's confidential information and intellectual property rights. This agreement establishes the terms under which employees or contractors must maintain confidentiality of company information and assigns to the company any inventions, innovations, or intellectual property created during the course of employment or engagement. It complies with Canadian federal and provincial laws regarding intellectual property rights, employment standards, and privacy regulations, while ensuring enforceability under Canadian common law principles.

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Confidential Information And Invention Assignment Agreement

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What is a Confidential Information And Invention Assignment Agreement?

The Confidential Information And Invention Assignment Agreement is a vital document used when establishing employment or contractual relationships in Canada where the individual will have access to sensitive company information or may create intellectual property during their work. This agreement serves two primary purposes: protecting the company's confidential information and ensuring that any inventions, innovations, or intellectual property created during the engagement period become company property. It's particularly important in knowledge-based industries and should be executed at the start of any employment or consulting relationship where intellectual property or confidential information may be involved. The agreement must comply with Canadian federal and provincial employment laws, intellectual property regulations, and privacy legislation while maintaining reasonable scope to ensure enforceability.

What sections should be included in a Confidential Information And Invention Assignment Agreement?

1. Parties: Identification of the employer and employee/contractor

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

3. Definitions: Definitions of key terms including 'Confidential Information', 'Intellectual Property', 'Inventions', and 'Trade Secrets'

4. Confidentiality Obligations: Details of obligations regarding confidential information, including use, disclosure, and protection

5. Invention Assignment: Assignment of rights to inventions, developments, and improvements created during employment

6. Disclosure of Prior Inventions: Employee's obligation to disclose pre-existing inventions

7. Third Party Information: Handling of confidential information belonging to third parties

8. Return of Materials: Requirements for returning company materials upon termination

9. Non-Competition: Restrictions on competitive activities during and after employment

10. Non-Solicitation: Restrictions on soliciting employees, customers, or suppliers

11. Duration and Survival: Term of the agreement and provisions that survive termination

12. Remedies: Legal remedies available in case of breach

13. General Provisions: Standard contract clauses including governing law, severability, and entire agreement

What sections are optional to include in a Confidential Information And Invention Assignment Agreement?

1. Moral Rights Waiver: Waiver of moral rights in copyrightable works, particularly relevant for creative industries

2. Open Source Software: Provisions regarding use and contribution to open source software, relevant for technology companies

3. Remote Work Provisions: Special provisions for handling confidential information while working remotely

4. International Transfer of Data: Provisions for cross-border data transfer, relevant for multinational companies

5. Consulting or Freelance Work: Provisions regarding outside work activities, relevant for part-time or consulting relationships

6. Use of Personal Devices: Provisions regarding use of personal devices for work purposes

7. Exit Interview Requirements: Procedures for final review of obligations upon termination

What schedules should be included in a Confidential Information And Invention Assignment Agreement?

1. Schedule A - Prior Inventions: List of employee's pre-existing inventions excluded from assignment

2. Schedule B - Excluded Inventions: List of specific inventions or developments excluded from the agreement

3. Schedule C - Form of Invention Disclosure: Template for documenting and disclosing new inventions

4. Schedule D - Confirmation of Compliance: Form for confirming compliance with agreement terms upon termination

5. Appendix 1 - Confidential Information Categories: Detailed list of types of confidential information covered

6. Appendix 2 - Security Procedures: Specific procedures for handling and protecting confidential information

Authors

Alex Denne

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

Jurisdiction

Canada

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions







































Clauses






























Relevant Industries

Technology

Biotechnology

Pharmaceutical

Research and Development

Manufacturing

Financial Services

Professional Services

Healthcare

Aerospace

Entertainment

Software Development

Telecommunications

Engineering

Consumer Electronics

Artificial Intelligence

Relevant Teams

Legal

Human Resources

Research & Development

Engineering

Product Development

Innovation

Information Technology

Design

Data Science

Intellectual Property

Software Development

Laboratory Operations

Technical Operations

Executive Leadership

Relevant Roles

Software Engineer

Research Scientist

Product Manager

Chief Technology Officer

Data Scientist

Systems Architect

Research & Development Engineer

Product Designer

Technical Lead

Innovation Manager

Laboratory Technician

Industrial Designer

Project Manager

Business Analyst

Chief Information Officer

Development Engineer

UX Designer

AI Researcher

Biotechnology Researcher

Patent Engineer

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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