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Intellectual Property Agreement For Employees Template for Malaysia

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Key Requirements PROMPT example:

Intellectual Property Agreement For Employees

"I need an Intellectual Property Agreement for Employees under Malaysian law for my software development company, specifically focused on protecting our source code, algorithms, and technical documentation, to be implemented by January 2025."

Document background
The Intellectual Property Agreement For Employees is a crucial document for businesses operating in Malaysia that need to protect their intellectual assets and innovations. This agreement should be implemented at the start of employment relationships where employees may create, develop, or work with intellectual property during their tenure. It is particularly important in the Malaysian context where IP protection follows a hybrid system of British common law principles and modern statutory provisions. The agreement covers all forms of IP including patents, copyrights, industrial designs, and trade secrets, ensuring compliance with Malaysian legislation such as the Patents Act 1983 and Copyright Act 1987. It is designed to clearly establish the company's ownership of employee-created IP, set out confidentiality obligations, and detail the process for IP disclosure and protection.
Suggested Sections

1. Parties: Identification of the employer company and the employee

2. Background: Context of the agreement, employment relationship, and purpose of the IP agreement

3. Definitions: Definitions of key terms including Intellectual Property Rights, Confidential Information, Works, Inventions, etc.

4. Scope of Employment: Description of employee's role and duties that may result in IP creation

5. Ownership of Intellectual Property: Clear statement of employer's ownership of IP created during employment

6. Assignment of Rights: Express assignment of all IP rights from employee to employer

7. Disclosure Obligations: Employee's obligation to disclose all inventions and works created during employment

8. Confidentiality Obligations: Requirements for maintaining confidentiality of company IP and trade secrets

9. Employee Warranties: Employee's warranties regarding original work and non-infringement

10. Assistance and Documentation: Employee's obligation to assist with IP protection and documentation

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

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

Optional Sections

1. Moral Rights: Waiver or assignment of moral rights - particularly relevant for creative works and software

2. Pre-Existing IP: Handling of IP created by employee before employment - include when employee brings significant prior IP

3. Third Party IP: Provisions regarding use and protection of third-party IP - relevant when job involves working with external IP

4. Non-Competition: Post-employment competition restrictions - include based on business needs and enforceability under Malaysian law

5. Recognition and Compensation: Additional compensation for significant IP contributions - include for research/development focused roles

6. Open Source Software: Provisions regarding use and contribution to open source - include for software development roles

7. Publication Rights: Terms for academic or professional publication - include for research/academic positions

Suggested Schedules

1. Schedule 1 - Excluded IP: List of any pre-existing IP owned by employee that is explicitly excluded from the agreement

2. Schedule 2 - Invention Disclosure Form: Template form for employees to disclose new inventions or works

3. Schedule 3 - IP Assignment Deed: Formal deed of assignment for intellectual property rights

4. Schedule 4 - Specific Duties and Responsibilities: Detailed description of employee's role and IP-creating responsibilities

5. Appendix A - Company IP Policy: Reference to or inclusion of company's general IP policies and procedures

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

Software Development

Biotechnology

Pharmaceutical

Research and Development

Manufacturing

Creative Industries

Media and Entertainment

Engineering

Education and Academia

Healthcare

Telecommunications

Financial Services

Professional Services

Artificial Intelligence and Machine Learning

Relevant Teams

Research & Development

Engineering

Product Development

Design

Creative Services

Innovation

Technical Writing

Software Development

Data Science

Legal

Intellectual Property

Laboratory Operations

Content Creation

User Experience

Industrial Design

Relevant Roles

Software Engineer

Research Scientist

Product Developer

Research & Development Manager

Technical Director

Creative Director

Content Creator

Graphic Designer

UI/UX Designer

Data Scientist

Machine Learning Engineer

Biotechnology Researcher

Industrial Designer

Technical Writer

Product Manager

Chief Technology Officer

Innovation Manager

Patent Engineer

Laboratory Technician

Systems Architect

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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