The Employee Proprietary Information Agreement is a crucial document used when onboarding new employees in India, particularly those who will have access to sensitive company information or will be creating intellectual property during their employment. This agreement serves multiple purposes: it protects the company's trade secrets and confidential information, ensures proper assignment of intellectual property rights created during employment, establishes clear guidelines for handling proprietary information, and sets out post-employment obligations. The document is designed to comply with Indian legislative requirements while providing comprehensive protection for the company's intellectual assets. It's particularly important in today's knowledge-based economy where intellectual property and confidential information are critical business assets.
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1. Parties: Identification of the employer company and the employee, including their respective addresses and legal status
2. Background: Context of the agreement, including the nature of employment relationship and the company's need to protect its proprietary information
3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Intellectual Property', 'Proprietary Information', 'Work Product', and other relevant terms
4. Scope of Employment: Description of employee's role and general responsibilities
5. Confidentiality Obligations: Detailed provisions regarding the protection and non-disclosure of company confidential information
6. Intellectual Property Rights: Assignment and ownership of IP created during employment, including inventions, copyrights, and other forms of IP
7. Return of Company Property: Obligations regarding the return of all company materials and information upon termination
8. Non-Use of Third Party Information: Employee's commitment not to use or bring third party confidential information to the company
9. Term and Survival: Duration of the agreement and which provisions survive employment termination
10. General Provisions: Standard contractual provisions including governing law, jurisdiction, amendments, and severability
1. Non-Solicitation: Restrictions on soliciting company employees or customers, included when permitted by local law and business needs
2. Garden Leave: Provisions for a notice period where employee remains employed but does not work, used for sensitive positions
3. Prior Inventions: Section for employee to list any prior inventions they own, included when employee has relevant prior IP
4. Conflict of Interest: Provisions regarding outside activities and business interests, included for senior positions
5. Data Privacy Compliance: Specific provisions regarding handling of personal data, included when employee role involves sensitive data processing
6. Remote Work Provisions: Special provisions for handling confidential information while working remotely, included for remote workers
1. Schedule 1 - Prior Inventions: List of employee's pre-existing inventions and intellectual property
2. Schedule 2 - Specific Confidential Information: Detailed list of types of confidential information specific to the company
3. Schedule 3 - Approved Outside Activities: List of pre-approved external professional activities or commitments
4. Appendix A - Acknowledgment Form: Form for employee to sign acknowledging receipt and understanding of the agreement
5. Appendix B - Exit Certificate: Template certificate to be signed upon employment termination confirming compliance with return of property obligations
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Pharmaceuticals
Manufacturing
Research and Development
Financial Services
Healthcare
Biotechnology
Consulting
Engineering
Software Development
Telecommunications
Media and Entertainment
Professional Services
Relevant Teams
Engineering
Research & Development
Product Development
Information Technology
Human Resources
Legal
Executive Leadership
Operations
Marketing
Sales
Finance
Design
Quality Assurance
Data Science
Information Security
Relevant Roles
Software Engineer
Research Scientist
Product Manager
Data Scientist
Chief Technology Officer
Research & Development Manager
System Administrator
Database Administrator
Business Analyst
Project Manager
Chief Executive Officer
Chief Financial Officer
Marketing Manager
Design Engineer
Quality Assurance Engineer
Technical Lead
Human Resources Manager
Legal Counsel
Operations Manager
Sales Director
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