Confidential Information And Invention Assignment Agreement

Confidential Information And Invention Assignment Agreement Template for Denmark

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Document background

The Confidential Information And Invention Assignment Agreement is essential for companies operating in Denmark who need to protect their intellectual property and confidential information while ensuring compliance with Danish legal requirements. This document is typically used when onboarding new employees, contractors, or consultants who will have access to sensitive company information or may develop inventions during their engagement. It addresses two critical aspects: the protection of confidential information and the assignment of invention rights, both governed by Danish law including the Trade Secrets Act, Patents Act, and Employee Inventions Act. The agreement is particularly important in innovative sectors where intellectual property protection is crucial, and must balance the company's need for protection with Danish employment law's employee-friendly provisions.

Suggested Sections

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

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

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

4. Scope of Employment/Engagement: Description of the individual's role and general duties

5. Confidential Information: Definition of confidential information, obligations regarding its use and protection

6. Non-Disclosure Obligations: Specific obligations regarding non-disclosure, including duration and permitted uses

7. Assignment of Inventions: Terms regarding the assignment of inventions created during employment/engagement

8. Disclosure of Inventions: Requirements for disclosing new inventions to the company

9. Assistance with Intellectual Property Protection: Obligation to assist with patent applications and IP protection

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

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

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

Optional Sections

1. Third Party Information: Additional provisions regarding confidential information belonging to third parties, used when the employee/contractor has access to such information

2. International Data Transfers: Provisions for cross-border data transfers, required when the agreement involves international operations

3. Consulting or Freelance Terms: Specific terms for non-employee relationships, used for contractors or consultants

4. Non-Competition: Restrictions on competitive activities, noting strict limitations under Danish law

5. Non-Solicitation: Restrictions on soliciting employees or customers, subject to Danish law limitations

6. Special Compensation: Terms regarding additional compensation for inventions, required under Danish law in certain cases

7. Data Protection Compliance: Detailed GDPR compliance provisions, required when processing personal data

8. Prior Employer Obligations: Acknowledgments regarding obligations to former employers, used when relevant

Suggested Schedules

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

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

3. Schedule C - Confidential Information Categories: Detailed categorization of types of confidential information covered

4. Schedule D - Third Party Agreements: List of relevant third party agreements affecting confidentiality obligations

5. Appendix 1 - Data Processing Terms: GDPR-compliant data processing terms if applicable

6. Appendix 2 - Special Compensation Terms: Details of any special compensation arrangements for inventions

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