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Employee Intellectual Property Agreement

Employee Intellectual Property Agreement Template for Switzerland

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Key Requirements PROMPT example:

Employee Intellectual Property Agreement

"I need an Employee Intellectual Property Agreement under Swiss law for a biotech startup with 20 employees, focused on protecting our research innovations and including special provisions for academic publications and collaboration with university researchers."

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Document background
The Employee Intellectual Property Agreement is a crucial document for companies operating in Switzerland who employ individuals involved in creative, technical, or innovative work. This agreement is specifically designed to comply with Swiss legal requirements, including the Swiss Code of Obligations and Federal Act on Patents for Inventions, while protecting the company's intellectual property rights. It is typically implemented at the start of employment or when an employee transitions into a role involving IP creation. The agreement covers the assignment of rights to inventions, works, designs, and other intellectual property created during employment, while respecting Swiss law requirements regarding employee compensation for inventions. It's particularly important for companies in innovative sectors or those with significant R&D activities, ensuring clear ownership of intellectual property while maintaining compliance with Swiss employment law principles.
Suggested Sections

1. Parties: Identification of the employer and employee, including full legal names and addresses

2. Background: Context of the agreement, employment relationship, and purpose of the IP agreement

3. Definitions: Key terms including Intellectual Property Rights, Works, Inventions, and Confidential Information

4. Scope of Employment: Description of employee's role and general duties related to intellectual property creation

5. Assignment of Rights: Transfer of IP rights from employee to employer, including present and future rights

6. Employee Obligations: Duties to disclose inventions, assist with IP protection, and maintain records

7. Invention Rights: Specific provisions regarding employee inventions as per Swiss Patent Act and CO Article 332

8. Copyright Assignment: Provisions for copyright works including software and documentation

9. Confidentiality: Protection of trade secrets and confidential information during and after employment

10. Compensation: Terms for special compensation for inventions as required by Swiss law

11. Duration and Survival: Term of the agreement and provisions that continue after employment ends

12. General Provisions: Standard clauses including governing law, jurisdiction, and amendment procedures

Optional Sections

1. International Rights: Additional provisions for international IP protection, used when the employer operates globally

2. Academic and Publication Rights: Used for research or academic positions to balance employer rights with academic freedom

3. Third Party Rights: Needed when work involves collaboration with external parties or use of third-party IP

4. Open Source Software: Required for software development roles involving open source contributions

5. Prior Inventions: Optional section for employees with existing IP they wish to exclude from the agreement

6. Specific Industry Provisions: Additional terms for specific industries (e.g., biotech, pharmaceuticals)

7. Data Protection: Enhanced data protection provisions for roles involving significant personal data processing

Suggested Schedules

1. Schedule 1 - Prior Inventions: List of employee's pre-existing IP rights excluded from the agreement

2. Schedule 2 - Invention Disclosure Form: Template for documenting and reporting new inventions

3. Schedule 3 - Compensation Framework: Details of special compensation calculation for valuable inventions

4. Schedule 4 - IP Protection Procedures: Processes for protecting and maintaining IP rights

5. Schedule 5 - Approved External Activities: List of permitted external professional or academic activities

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 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

Pharmaceuticals

Biotechnology

Manufacturing

Research and Development

Software Development

Engineering

Creative Industries

Chemical Industry

Medical Devices

Telecommunications

Electronics

Artificial Intelligence

Automotive

Aerospace

Relevant Teams

Research & Development

Engineering

Product Development

Innovation

Design

Software Development

Technical Operations

Scientific Research

Artificial Intelligence

Industrial Design

Process Innovation

Patent Operations

Creative Services

Technology Strategy

Systems Architecture

Relevant Roles

Software Engineer

Research Scientist

Product Developer

Industrial Designer

Chemical Engineer

Biotechnology Researcher

AI Developer

Data Scientist

Hardware Engineer

UX Designer

Technical Architect

R&D Manager

Process Engineer

Systems Engineer

Product Manager

Innovation Director

Patent Engineer

Research Director

Technology Consultant

Creative Director

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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