The Employee Innovation And Proprietary Information Agreement is a crucial document for companies operating in Switzerland who wish to protect their intellectual property rights and confidential information in the context of employment relationships. This agreement is particularly important given Switzerland's strong innovation ecosystem and robust intellectual property laws. It should be implemented at the start of employment or when an employee's role involves access to sensitive information or creative/innovative work. The agreement ensures compliance with Swiss federal laws, including the Code of Obligations, Patent Act, and Data Protection Act, while establishing clear ownership rights over employee-created innovations and maintaining confidentiality of proprietary information. It's especially relevant for companies in research-intensive industries or those with significant intellectual property portfolios, providing a legal framework for managing innovation and protecting trade secrets within the Swiss jurisdiction.
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1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Context of the agreement and employment relationship
3. Definitions: Definitions of key terms including 'Confidential Information', 'Intellectual Property', 'Inventions', and 'Proprietary Information'
4. Scope of Employment: Description of employee's role and general duties
5. Confidentiality Obligations: Details of confidentiality requirements, including during and after employment
6. Assignment of Inventions: Terms regarding the ownership and assignment of inventions created during employment, in compliance with Swiss Patent Act
7. Intellectual Property Rights: Provisions regarding copyright, patents, and other IP rights in accordance with Swiss law
8. Third Party Information: Handling of confidential information belonging to third parties
9. Return of Company Property: Requirements for returning company materials and information upon termination
10. Notification of Rights: Information about employee's rights regarding inventions under Swiss law
11. Term and Survival: Duration of agreement and provisions that survive employment termination
12. General Provisions: Standard clauses including governing law, severability, and entire agreement
1. Non-Competition: Post-employment competition restrictions, only when necessary and carefully drafted to comply with Swiss law limitations
2. Non-Solicitation: Restrictions on soliciting employees or customers, if appropriate for the role
3. Remote Work Provisions: Special provisions for handling confidential information during remote work, if applicable
4. International Transfers: Provisions for international data transfers if the company operates globally
5. Open Source Software: Special provisions for handling open source software, relevant for technical roles
6. Data Protection: Additional data protection obligations beyond standard confidentiality, if employee handles personal data
7. Emergency Contact: Procedures for reporting security incidents or data breaches, if relevant to the role
1. Schedule A - Prior Inventions: List of employee's pre-existing inventions excluded from the agreement
2. Schedule B - Acknowledgment Form: Employee's signed acknowledgment of obligations under the agreement
3. Schedule C - Approved Activities: List of permitted outside activities or existing commitments
4. Schedule D - Specified Confidential Information: Detailed categorization of company's confidential information
5. Schedule E - Notification of Rights: Detailed explanation of employee rights under Swiss law regarding inventions
6. Appendix 1 - Security Procedures: Company's security procedures for handling confidential information
7. Appendix 2 - Reporting Procedures: Procedures for reporting new inventions or innovations to the company
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