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Confidential Information And Invention Assignment Agreement Template for Malaysia

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Key Requirements PROMPT example:

Confidential Information And Invention Assignment Agreement

"I need a Confidential Information and Invention Assignment Agreement for our Malaysian software development company, covering both our in-house developers and remote workers, with strong provisions for source code protection and cloud-based intellectual property."

Document background
The Confidential Information And Invention Assignment Agreement is a crucial document used in Malaysia when establishing or maintaining employment or contractual relationships where access to sensitive information or creation of intellectual property is involved. It serves two primary purposes: protecting the organization's confidential information and ensuring clear ownership of any intellectual property created during the engagement. This agreement is particularly important in Malaysia's growing technology and innovation sectors, where intellectual property protection is governed by various statutes including the Patents Act 1983 and Copyright Act 1987. The document typically combines robust confidentiality provisions with comprehensive assignment mechanisms, ensuring compliance with Malaysian employment law while protecting the organization's valuable intellectual assets. It's commonly used during employee onboarding, contractor engagement, or when updating existing employment terms to strengthen IP protection.
Suggested Sections

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

2. Background: Context of the agreement, relationship between parties, and purpose of the agreement

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

4. Scope of Relationship: Details of the employment or contractual relationship between the parties

5. Confidentiality Obligations: Comprehensive obligations regarding the protection, non-disclosure, and permitted uses of confidential information

6. Assignment of Inventions: Terms for the assignment of all inventions, improvements, and intellectual property created during the engagement

7. Excluded Inventions: Process for identifying and excluding pre-existing inventions or personal works

8. Return of Materials: Requirements for returning all confidential materials upon termination of the relationship

9. Non-Competition and Non-Solicitation: Restrictions on competitive activities and solicitation of employees or customers

10. Duration and Survival: Term of the agreement and provisions that survive termination

11. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. International Transfer of Data: Required when confidential information may be transferred across borders, addressing compliance with international data protection laws

2. Special Industry Requirements: Additional provisions specific to regulated industries like healthcare or financial services

3. Third Party Information: Special provisions for handling confidential information obtained from third parties

4. Open Source Software: Required for technology companies, addressing the use and incorporation of open source software

5. Government Rights: Needed when work involves government contracts or regulatory compliance

6. Moral Rights Waiver: Important for creative works where moral rights under copyright law need to be addressed

7. Conflict Resolution: Optional detailed dispute resolution procedures including mediation or arbitration

Suggested Schedules

1. Schedule A - List of Pre-Existing Inventions: Detailed inventory of employee's pre-existing inventions excluded from assignment

2. Schedule B - Confidential Information Categories: Specific categories and examples of confidential information covered by the agreement

3. Schedule C - Assignment Procedures: Detailed procedures for documenting and assigning new inventions

4. Schedule D - Security Protocols: Specific procedures for handling and protecting confidential information

5. Appendix 1 - Acknowledgment Form: Form for periodic acknowledgment of compliance with agreement terms

6. Appendix 2 - Exit Interview Checklist: Checklist for ensuring compliance upon termination of relationship

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

Manufacturing

Research and Development

Healthcare

Financial Services

Professional Services

Education

Biotechnology

Software Development

Engineering

Telecommunications

Media and Entertainment

Pharmaceutical

Automotive

Aerospace

Relevant Teams

Research & Development

Engineering

Product Development

Innovation

Technical Operations

Design

Information Technology

Data Science

Software Development

Creative Services

Laboratory Operations

Intellectual Property

Legal

Human Resources

Information Security

Relevant Roles

Software Engineer

Research Scientist

Product Manager

Technical Lead

Chief Technology Officer

Research Director

Design Engineer

Data Scientist

Systems Architect

Project Manager

Business Analyst

Innovation Manager

Laboratory Technician

Creative Director

Industrial Designer

Development Engineer

AI Researcher

UX Designer

Technical Consultant

Content Developer

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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