The Employee Intellectual Property Assignment Agreement is a critical document for businesses operating in Hong Kong that invest in research, development, or creative work. This agreement should be implemented at the start of employment relationships where employees may create intellectual property in the course of their duties. It provides legal protection for companies by ensuring clear ownership of IP assets, while also establishing employees' obligations regarding invention disclosure and cooperation in IP protection. The document is particularly important given Hong Kong's strong IP protection framework and its role as a major commercial center in Asia. It helps prevent future disputes over IP ownership and provides clarity on rights and obligations for both parties. The agreement should be reviewed by legal counsel to ensure compliance with Hong Kong employment and intellectual property laws.
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1. Parties: Identifies the employer company and the employee who are entering into the agreement
2. Background: Sets out the context of the agreement, including the employment relationship and purpose of IP assignment
3. Definitions: Defines key terms including Intellectual Property Rights, Inventions, Works, Confidential Information, and other relevant terms
4. Scope of Employment: Describes the employee's role and general duties related to creation of intellectual property
5. Assignment of Rights: Core section covering the assignment of all IP rights from employee to employer
6. Employee Obligations: Details specific obligations regarding disclosure of inventions, assistance with IP protection, and documentation
7. Confidentiality: Provisions regarding maintaining confidentiality of company information and intellectual property
8. Moral Rights: Addresses the waiver or assertion of moral rights in created works
9. Warranties and Representations: Employee's confirmations regarding ownership and right to assign IP
10. Duration and Survival: Specifies when obligations begin and which provisions survive employment termination
11. General Provisions: Standard clauses including governing law, entire agreement, and amendments
1. Prior Inventions: Section excluding employee's pre-existing IP, used when employee has significant prior inventions or works
2. Third Party Rights: Addresses IP created using third-party resources or collaborative works, used when employee may work with external parties
3. Academic and Publication Rights: Used for research or academic positions where some publication rights need to be preserved
4. Commission Works: Special provisions for employees who may create works for company clients
5. Open Source Software: Special provisions for software developers working with open source code
6. Post-Employment Obligations: Additional restrictions on use of IP after employment ends, used for senior technical roles
1. Schedule 1 - Prior Inventions: List of employee's pre-existing IP rights excluded from the assignment
2. Schedule 2 - Invention Disclosure Form: Template form for employees to disclose new inventions or works
3. Schedule 3 - IP Assignment Procedure: Detailed procedure for documenting and assigning new IP
4. Schedule 4 - Specified Projects: List of specific projects or works that require special IP treatment
5. Appendix A - Company IP Policy: Reference to or incorporation of company's general IP policies
6. Appendix B - Employee Acknowledgment: Form for employee to acknowledge receipt and understanding of the agreement
Relevant legal definitions
Clauses
Relevant Industries
Technology
Pharmaceuticals
Biotechnology
Manufacturing
Research and Development
Media and Entertainment
Software Development
Financial Services
Professional Services
Healthcare
Education
Telecommunications
Industrial Design
Fashion and Luxury Goods
Gaming
Relevant Teams
Legal
Human Resources
Research & Development
Engineering
Product Development
Design
Innovation
Content Creation
Scientific Research
Software Development
Technical Operations
Creative Services
Intellectual Property
Information Technology
Data Science
Relevant Roles
Software Engineer
Research Scientist
Product Designer
Creative Director
Technical Architect
Data Scientist
Research Engineer
Product Manager
UX Designer
Content Creator
Industrial Designer
Biotechnology Researcher
AI Engineer
Graphics Designer
Innovation Manager
R&D Manager
Technical Writer
Solution Architect
Development Engineer
Research Associate
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