The Employee IP Agreement is a crucial document for companies operating in Indonesia who employ individuals involved in creating, developing, or handling intellectual property. This agreement, governed by Indonesian law, establishes clear ownership rights over intellectual property created during employment, ensuring compliance with local regulations including Law No. 13 of 2003 on Manpower, Law No. 28 of 2014 on Copyright, and Law No. 13 of 2016 on Patents. It should be implemented at the start of employment for new hires or when existing employees begin working with intellectual property. The agreement covers various forms of IP including inventions, creative works, software, designs, and confidential information, while respecting both employer interests and employee rights under Indonesian law.
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1. Parties: Identifies the employer company and the employee who are entering into the agreement
2. Background: Explains the context of the agreement, including the employee's role and the company's intellectual property interests
3. Definitions: Defines key terms used throughout the agreement, including 'Intellectual Property Rights', 'Works', 'Inventions', and 'Confidential Information'
4. Scope of Employment: Outlines the employee's role and responsibilities in relation to creating or working with intellectual property
5. Assignment of Rights: Establishes the assignment of all IP rights created during employment to the employer
6. Ownership of Intellectual Property: Details the company's ownership of IP created during employment and using company resources
7. Employee Obligations: Sets out the employee's duties regarding IP protection, documentation, and assistance with IP registration
8. Confidentiality Obligations: Defines confidentiality requirements and restrictions on use of company IP and confidential information
9. Non-Competition and Non-Solicitation: Establishes restrictions on competing activities and solicitation of clients or employees
10. Return of Materials: Requirements for returning all IP-related materials upon employment termination
11. Duration and Survival: Specifies which obligations continue after employment ends
12. Governing Law and Jurisdiction: Establishes Indonesian law as governing law and specifies jurisdiction for disputes
13. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. Prior Inventions: Section for employees to declare pre-existing IP that should be excluded from the agreement
2. Academic and Publication Rights: For research or academic-focused roles, establishing rights to publish or use IP for academic purposes
3. Third Party IP: Addresses handling of third-party IP when relevant to employee's work
4. Open Source Software: For software development roles, governing use and contribution to open source projects
5. Revenue Sharing: For positions where invention compensation or royalty sharing is appropriate
6. International IP Protection: For companies operating internationally, addressing multi-jurisdictional IP protection
7. Moral Rights: Specific handling of moral rights under Indonesian copyright law where relevant
1. Schedule A - Prior Inventions: Detailed list of employee's pre-existing IP excluded from the agreement
2. Schedule B - Specific Projects: List of specific projects or works the employee will be involved in
3. Schedule C - Company IP: Overview of company's existing IP that employee will have access to
4. Appendix 1 - IP Assignment Form: Standard form for documenting specific IP assignments
5. Appendix 2 - Confidentiality Guidelines: Detailed guidelines for handling confidential information
6. Appendix 3 - Invention Disclosure Form: Template for employees to disclose new inventions or works
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