The Employee Innovation And Proprietary Information Agreement is a crucial document for companies operating in the Philippines who wish to protect their intellectual property rights and confidential information in relation to their employees' work and innovations. This agreement is particularly relevant in today's knowledge-based economy where employee innovations and intellectual property are vital business assets. It is designed to comply with Philippine legislation, including the Intellectual Property Code (RA 8293) and the Labor Code, while providing comprehensive protection for company interests. The document should be implemented at the start of employment or when an employee transitions to a role involving access to sensitive information or innovation activities. It covers invention assignment, confidentiality obligations, disclosure requirements, and post-employment responsibilities, making it essential for technology companies, research organizations, and any business engaged in innovative activities in the Philippines.
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1. Parties: Identification of the employer company and the employee, including their complete legal names and addresses
2. Background: Context of the agreement, nature of employment, and general purpose of protecting company IP and confidential information
3. Definitions: Detailed definitions of key terms including 'Intellectual Property', 'Confidential Information', 'Innovations', 'Prior Inventions', and 'Work Product'
4. Scope of Employment: Description of employee's role and responsibilities, particularly regarding development of intellectual property
5. Assignment of Inventions: Provisions for automatic assignment of employee innovations and inventions to the company
6. Disclosure Obligations: Employee's obligation to promptly disclose all innovations and inventions developed during employment
7. Confidential Information: Definition and scope of confidential information, obligations regarding its use and protection
8. Non-Disclosure Obligations: Specific obligations regarding non-disclosure of company secrets and confidential information
9. Company Property: Provisions regarding company documents, equipment, and materials
10. Return of Materials: Obligation to return all company property and materials upon termination
11. Assistance with IP Protection: Employee's obligations to assist with patent applications and IP protection
12. Term and Survival: Duration of the agreement and provisions that survive termination
13. General Provisions: Standard clauses including governing law, severability, and entire agreement
1. Prior Inventions Exclusion: Section for listing employee's prior inventions excluded from the agreement, used when employee has existing IP
2. Non-Competition: Restrictions on competitive activities, used when permitted by local law and necessary for business protection
3. Non-Solicitation: Restrictions on soliciting employees or customers, used for key employees with significant customer contact
4. Moral Rights Waiver: Waiver of moral rights in copyrightable works, used for creative positions
5. Open Source Software: Provisions regarding use and contribution to open source software, used for software development roles
6. Third Party Information: Provisions regarding handling of third party confidential information, used when employee will have access to client/partner data
7. Publication Rights: Provisions regarding academic or professional publications, used for research or academic-affiliated positions
1. Schedule A - Prior Inventions: List of employee's prior inventions excluded from assignment under the agreement
2. Schedule B - Specific Assigned IP: Detailed list of specific intellectual property being assigned to the company
3. Schedule C - Open Source Software Policy: Company's policy regarding use and contribution to open source software
4. Appendix 1 - Disclosure Form: Standard form for documenting and disclosing new innovations or inventions
5. Appendix 2 - Exit Certification: Form to be signed upon termination certifying compliance with return of materials obligations
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Pharmaceuticals
Biotechnology
Manufacturing
Research and Development
Software Development
Electronics
Telecommunications
Media and Entertainment
Financial Services
Professional Services
Healthcare
Engineering
Industrial Design
Artificial Intelligence
Clean Technology
Education Technology
Digital Marketing
Consulting
Relevant Teams
Research & Development
Engineering
Product Development
Innovation
Technical Operations
Design
Software Development
Quality Assurance
Data Science
Artificial Intelligence
Industrial Design
Solutions Architecture
Technical Documentation
Patent & IP
Laboratory Operations
Process Development
Relevant Roles
Software Engineer
Research Scientist
Product Manager
Technical Lead
Chief Technology Officer
Research & Development Manager
Data Scientist
Systems Architect
Industrial Designer
Biotechnology Researcher
AI Engineer
Product Designer
Innovation Manager
Patent Engineer
Technical Consultant
Development Engineer
UX Designer
Algorithm Developer
Research Director
Laboratory Manager
Technical Writer
Quality Assurance Engineer
Process Engineer
Solutions Architect
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