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Employee Intellectual Property Assignment Agreement for Hong Kong

Employee Intellectual Property Assignment Agreement Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that establishes the ownership and assignment of intellectual property rights created by an employee during their employment. The document ensures that all intellectual property created in the course of employment is properly assigned to the employer, covering patents, copyrights, trademarks, designs, and other forms of IP. It includes provisions for confidentiality, disclosure obligations, and assistance in IP protection, while complying with Hong Kong's intellectual property and employment laws. The agreement is particularly crucial in the context of Hong Kong's position as a major innovation and business hub in Asia.

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What is a Employee Intellectual Property Assignment Agreement?

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.

What sections should be included in a Employee Intellectual Property Assignment Agreement?

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

What sections are optional to include in a Employee Intellectual Property Assignment Agreement?

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

What schedules should be included in a Employee Intellectual Property Assignment Agreement?

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Ƶ

Document Type

Employment Form

Cost

Free to use
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

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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