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Employee Proprietary Information And Inventions Agreement Template for India

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Key Requirements PROMPT example:

Employee Proprietary Information And Inventions Agreement

"I need an Employee Proprietary Information And Inventions Agreement that will be used for our expanding software development team in Bangalore, with around 50 new engineers joining in January 2025; it should particularly focus on protecting our source code and AI algorithms."

Document background
The Employee Proprietary Information And Inventions Agreement is a crucial document used when onboarding new employees in India, particularly those who will have access to confidential information or may create intellectual property during their employment. This agreement is essential for companies operating in India to protect their intellectual property rights, trade secrets, and proprietary information while ensuring compliance with Indian intellectual property laws and employment regulations. It establishes clear ownership of employee-created innovations, maintains confidentiality of sensitive information, and provides legal remedies under Indian contract law in case of breaches. The agreement is particularly important given that India lacks specific trade secret legislation, making contractual protection vital for safeguarding company interests.
Suggested Sections

1. Parties: Identification of the employer company and the employee, including their full legal names and addresses

2. Background: Brief context explaining the employment relationship and the purpose of the agreement

3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Intellectual Property', 'Inventions', and 'Proprietary Information'

4. Scope of Employment: Description of employee's role and responsibilities regarding company information and inventions

5. Confidentiality Obligations: Detailed provisions regarding the protection and non-disclosure of company confidential information

6. Assignment of Inventions: Terms regarding the assignment of employee inventions to the company, including process for disclosure

7. Pre-existing Inventions: Provisions regarding inventions made before employment

8. Third Party Information: Employee's obligations regarding third party confidential information

9. Return of Company Materials: Requirements for returning company property and information upon employment termination

10. Non-Competition: Reasonable restrictions on competitive activities during employment

11. Notification of New Employer: Requirements to inform new employers of these obligations

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

13. General Provisions: Standard legal provisions including governing law, severability, and entire agreement

Optional Sections

1. Use of Open Source Software: Include when employee's role involves software development to address open source software usage and compliance

2. Publication Rights: Include for research or academic-focused roles where publication of findings may be relevant

3. Government Rights: Include when work involves government contracts or funding

4. International Transfer of Data: Include when employee may handle data that crosses international borders

5. Consulting Activities: Include when employee may engage in external consulting or advisory roles

6. Special Project Assignments: Include when employee may be assigned to specific strategic projects requiring additional confidentiality

7. Remote Work Provisions: Include when employee works remotely to address security of confidential information outside office

Suggested Schedules

1. Schedule A - Pre-existing Inventions: Detailed list of all inventions made by employee prior to employment that are excluded from assignment

2. Schedule B - Invention Disclosure Form: Template form for employee to disclose new inventions to the company

3. Schedule C - Approved Outside Activities: List of pre-approved external professional activities or commitments

4. Schedule D - Restricted Companies: List of specific competitors or companies with whom employee cannot engage

5. Appendix 1 - Acknowledgment Form: Form for employee to acknowledge receipt and understanding of the agreement

6. Appendix 2 - Exit Certificate: Template for certification of compliance upon employment termination

Authors

Alex Denne

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

Relevant legal definitions




































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Relevant Industries

Technology

Pharmaceuticals

Biotechnology

Manufacturing

Research and Development

Software Development

Telecommunications

Financial Services

Healthcare

Automotive

Aerospace

Chemical

Electronics

Media and Entertainment

Professional Services

Relevant Teams

Research & Development

Engineering

Product Development

Innovation

Technical Operations

Design

Quality Assurance

Information Technology

Data Science

Artificial Intelligence

Patent Operations

Systems Architecture

Software Development

Industrial Design

Process Innovation

Relevant Roles

Software Engineer

Research Scientist

Product Manager

Technical Architect

Data Scientist

Research & Development Engineer

Chief Technology Officer

Innovation Director

Product Designer

Systems Engineer

Database Administrator

AI/ML Engineer

UX Designer

Technical Lead

Quality Assurance Engineer

Patent Engineer

Biotechnology Researcher

Industrial Designer

Chemical Engineer

Process Engineer

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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