The Intellectual Property Agreement For Employees is a critical document used in Indonesian employment relationships to protect a company's intellectual property rights. It should be implemented at the start of employment or when an employee transitions to a role involving IP creation. The agreement complies with Indonesian IP and employment laws, including specific provisions from the Patent Law, Copyright Law, and Trade Secrets Law. It covers the creation, ownership, and protection of various forms of intellectual property including patents, copyrights, trade secrets, and industrial designs. The document is particularly important in industries where innovation and creative work are central to business operations, ensuring that employers maintain proper rights to employee-created IP while establishing clear guidelines for IP handling and confidentiality.
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1. Parties: Identifies the employer company and the employee who are entering into the agreement
2. Background: Explains the context of the agreement, including the employee's role and the company's intellectual property interests
3. Definitions: Defines key terms including Intellectual Property Rights, Confidential Information, Works, Inventions, and other relevant terms
4. Ownership of Intellectual Property: Establishes the company's ownership of IP created during employment and using company resources
5. Assignment of Rights: Contains the formal assignment of all IP rights from employee to employer
6. Employee Obligations: Details the employee's responsibilities regarding IP creation, documentation, and disclosure
7. Confidentiality Obligations: Specifies the employee's duties regarding confidential information and trade secrets
8. Non-Competition and Non-Solicitation: Restricts the employee's ability to compete or solicit customers/employees post-employment
9. Duration and Survival: Specifies which obligations continue after employment ends
10. Cooperation in IP Protection: Requires employee assistance in securing and defending IP rights
11. Return of Materials: Mandates return of all IP-related materials upon employment termination
12. General Provisions: Contains standard clauses including governing law, amendments, and severability
1. Prior Inventions: Used when the employee has existing IP that should be excluded from the agreement
2. Third Party IP: Included when the employee's role involves handling IP licensed from third parties
3. Open Source Software: Required for software development roles where open source usage needs to be addressed
4. Academic and Publication Rights: Used for research-focused roles where employees may need to publish or present findings
5. Moral Rights Waiver: Included when dealing with copyright works where moral rights are relevant
6. International IP Protection: Added when the company operates internationally and needs cross-border IP protection
1. Schedule A - Description of Employee Duties: Detailed description of the employee's role and responsibilities related to IP creation
2. Schedule B - Prior Inventions: List of employee's pre-existing IP excluded from the agreement
3. Schedule C - Approved Open Source Licenses: List of pre-approved open source licenses for software development
4. Appendix 1 - IP Disclosure Form: Template for employees to disclose new inventions or works
5. Appendix 2 - IP Assignment Form: Formal document for assigning specific IP rights to the company
6. Appendix 3 - Confidential Information Categories: Detailed classification of different types of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Pharmaceuticals
Manufacturing
Research and Development
Creative Industries
Software Development
Biotechnology
Electronics
Media and Entertainment
Telecommunications
Fashion and Design
Engineering
Education and Training
Professional Services
Healthcare
Relevant Teams
Research & Development
Engineering
Product Development
Design
Innovation
Content Creation
Technical Writing
Software Development
Creative Services
Scientific Research
Industrial Design
Intellectual Property
Data Science
Solutions Architecture
Laboratory Operations
Relevant Roles
Software Engineer
Research Scientist
Product Designer
Development Engineer
Creative Director
Content Creator
Technical Architect
R&D Manager
Industrial Designer
UI/UX Designer
Data Scientist
Biotechnology Researcher
Graphics Designer
Product Manager
Innovation Manager
Technical Writer
Patent Engineer
Research Director
Laboratory Technician
Solutions Architect
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