The Employee Innovation And Proprietary Information Agreement is a critical document for Australian businesses that need to protect their intellectual property, trade secrets, and confidential information in the context of employment relationships. This agreement should be implemented at the start of employment or when an employee's role involves access to sensitive information or creation of intellectual property. It covers the assignment of IP rights, handling of confidential information, disclosure obligations for new innovations, and ongoing obligations post-employment. The agreement is particularly important in industries where innovation and intellectual property are key business assets, and it must be drafted to comply with Australian federal legislation and common law principles regarding employment, intellectual property, and restraint of trade.
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1. Parties: Identifies the employer and employee entering into the agreement
2. Background: Sets out the context of the agreement, including the employee's role and the company's need to protect its intellectual property and confidential information
3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Intellectual Property', 'Innovations', and 'Proprietary Information'
4. Confidential Information: Details the employee's obligations regarding confidential information, including use restrictions and security measures
5. Intellectual Property Rights: Establishes ownership of IP created during employment and the assignment of rights to the employer
6. Disclosure of Innovations: Sets out the employee's obligation to promptly disclose all innovations and inventions to the employer
7. Assignment of Rights: Formal assignment of all intellectual property rights to the employer
8. Moral Rights: Addresses the handling of moral rights under Australian copyright law
9. Return of Materials: Requirements for returning company materials upon termination
10. Survival of Obligations: Specifies which obligations continue after employment ends
11. General Provisions: Standard contractual terms including governing law, severability, and entire agreement
1. Prior Inventions: Section for employees to declare pre-existing inventions that should be excluded from the agreement
2. Third Party Information: Addresses handling of confidential information belonging to third parties, particularly relevant if employee has access to client data
3. Non-Competition: Restrictions on competing activities during and after employment, included when necessary for business protection
4. Non-Solicitation: Restrictions on soliciting employees or customers, included when necessary for business protection
5. Open Source Software: Specific provisions regarding use and contribution to open source software, relevant for technology companies
6. Publication Rights: Procedures for obtaining approval for academic or professional publications, relevant for research-oriented roles
7. Remote Work Provisions: Special provisions for handling confidential information and innovations while working remotely
8. International Rights: Additional provisions for protection in other jurisdictions, relevant for multinational companies
1. Schedule A - Prior Inventions: Detailed list of employee's pre-existing inventions and intellectual property
2. Schedule B - Excluded Inventions: List of specific inventions or types of innovations excluded from the agreement
3. Schedule C - Certification Form: Form for periodic certification of compliance with the agreement
4. Schedule D - Exit Interview Checklist: Checklist for ensuring all obligations are addressed upon termination
5. Appendix 1 - Approved Open Source Licenses: List of pre-approved open source licenses that may be used (if applicable)
6. Appendix 2 - Innovation Disclosure Form: Standard form for employees to disclose new innovations or inventions
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