Employee Intellectual Property Agreement

Employee Intellectual Property Agreement Template for Denmark

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Document background

The Employee Intellectual Property Agreement is a critical document used when establishing or formalizing employment relationships in Denmark where intellectual property creation is expected or possible. It serves to clearly define ownership rights and obligations regarding intellectual property created during employment, ensuring compliance with Danish law including the Danish Act on Employee's Inventions, Copyright Act, and Trade Secrets Act. This agreement is particularly important in knowledge-based industries and creative sectors, where intellectual property forms a significant part of company assets. The document typically includes provisions for invention disclosure, assignment of rights, fair compensation mechanisms as required by Danish law, and confidentiality obligations, while respecting the strong employee rights characteristic of Danish employment law.

Suggested Sections

1. Parties: Identification of the employer company and the employee, including their 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, Confidential Information, and other relevant terminology

4. Scope of Employment: Description of employee's role and duties relevant to IP creation

5. Assignment of Rights: Primary clause transferring IP rights from employee to employer, subject to Danish law requirements

6. Disclosure Obligations: Employee's duty to promptly disclose any IP created during employment

7. Assistance and Documentation: Employee's obligation to help secure and protect IP rights, including signing necessary documents

8. Compensation: Terms for additional compensation for inventions as required under Danish law

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

10. Return of Materials: Obligation to return all IP-related materials upon employment termination

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

12. Governing Law: Specification of Danish law as governing law and jurisdiction

Optional Sections

1. Pre-Existing IP: Section for declaring any pre-existing IP the employee wishes to exclude from the agreement

2. Third-Party Rights: Handling of third-party IP rights and employee's warranty of non-infringement

3. Open Source Software: Specific provisions for handling open source software contributions, if relevant for technical roles

4. Publication Rights: For academic or research positions, addressing rights to publish work-related findings

5. Competition Restrictions: Post-employment restrictions on competing activities, subject to Danish law limitations

6. Moral Rights: Specific handling of moral rights under Danish copyright law

7. International Rights: Additional provisions for international IP protection if company operates globally

Suggested Schedules

1. Schedule 1: Pre-Existing IP Declaration: Detailed list of employee's pre-existing IP excluded from the agreement

2. Schedule 2: Compensation Framework: Specific framework for calculating additional compensation for valuable inventions

3. Schedule 3: IP Notification Form: Standard form for employees to notify employer of new IP creation

4. Schedule 4: Specific Projects: List of specific projects or works covered by the agreement

5. Appendix A: Definition of Company IP: Detailed description of company's existing IP portfolio and protected assets

6. Appendix B: IP Assignment Form: Standard form for formally assigning specific IP rights to the employer

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