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Employee Intellectual Property Assignment Agreement Template for Denmark

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Employee Intellectual Property Assignment Agreement

Document background
The Employee Intellectual Property Assignment Agreement is a crucial document for organizations operating in Denmark that regularly create or develop intellectual property through their employees. This agreement is typically implemented at the start of employment or when an employee moves into a role involving IP creation. It establishes clear ownership rights over intellectual property created during employment, ensures compliance with Danish legal requirements including mandatory compensation for certain inventions, and protects the company's intellectual assets. The agreement must carefully balance employer interests with employee rights under Danish law, including specific provisions from the Danish Act on Employee's Inventions and related legislation. It's particularly important for companies in innovative or creative sectors where intellectual property forms a significant part of their business value.
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 assignment

3. Definitions: Key terms including Intellectual Property, Works, Inventions, and other relevant terminology

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

5. Assignment of Rights: Core provisions detailing the transfer of IP rights from employee to employer

6. Disclosure Obligations: Employee's duty to disclose all inventions and works created during employment

7. Employee Compensation: Statutory compensation requirements under Danish law for assigned inventions

8. Assistance and Documentation: Employee's obligation to help secure and protect IP rights

9. Confidentiality: Provisions regarding confidential information and trade secrets

10. Prior IP Rights: Treatment of IP created before employment

11. Moral Rights: Handling of moral rights under Danish copyright law

12. Term and Survival: Duration of obligations and which provisions survive employment termination

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

14. Signatures: Execution provisions and signature blocks

Optional Sections

1. Third Party Rights: Provisions dealing with IP rights owned by third parties, used when employee may bring in or use external IP

2. Academic and Publication Rights: Special provisions for research or academic positions, allowing limited rights to publish or use IP

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

4. Competition Restrictions: Post-employment restrictions related to IP use, if permitted under employment terms

5. International Rights: Additional provisions for international IP protection, relevant for multinational companies

6. Consulting or Side Projects: Provisions for handling IP from approved outside work, if permitted

7. Data Protection: Specific GDPR compliance provisions, necessary if personal data processing is involved

Suggested Schedules

1. Schedule A - Existing IP: List of pre-existing IP owned by employee that is excluded from assignment

2. Schedule B - Specific Projects: Details of current projects and associated IP rights

3. Schedule C - Compensation Framework: Details of additional compensation for valuable inventions as required by Danish law

4. Schedule D - Notification Procedures: Specific procedures for disclosing and documenting new IP

5. Appendix 1 - Form of Invention Disclosure: Template for documenting and disclosing new inventions

6. Appendix 2 - Assignment Confirmation: Template for confirming assignment of specific IP rights

Authors

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Relevant Industries
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Relevant Roles
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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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