The Proprietary Information And Inventions Agreement is a crucial legal document used in the Philippines to protect an organization's intellectual property rights and confidential information. It is typically implemented at the start of an employment or contractual relationship where the individual will have access to sensitive information or may develop intellectual property during their engagement. The agreement ensures compliance with Philippine intellectual property laws, including the IP Code (RA 8293), Data Privacy Act, and related legislation. It covers key aspects such as the definition and protection of confidential information, assignment of inventions to the company, disclosure requirements for new innovations, and handling of pre-existing intellectual property. This document is particularly important in industries involving research, development, or creative work, and is essential for maintaining competitive advantage and protecting trade secrets.
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1. Parties: Identification of the company and the employee/contractor entering into the agreement
2. Background: Context of the agreement, relationship between parties, and purpose of the agreement
3. Definitions: Definitions of key terms including 'Confidential Information', 'Intellectual Property', 'Inventions', and 'Proprietary Rights'
4. Confidentiality Obligations: Detailed obligations regarding the protection, non-disclosure, and permitted uses of confidential information
5. Assignment of Inventions: Provisions regarding the assignment of inventions, developments, and improvements created during employment
6. Disclosure of Inventions: Requirements and procedures for disclosing new inventions to the company
7. Prior Inventions: Treatment of inventions made prior to employment or engagement
8. Third Party Information: Handling of confidential information belonging to third parties
9. Return of Materials: Obligations regarding the return of confidential materials upon termination
10. Non-Competition: Basic restrictions on competitive activities during employment
11. Term and Termination: Duration of the agreement and termination provisions
12. General Provisions: Standard clauses including governing law, severability, and entire agreement
1. Post-Employment Non-Competition: Extended non-compete provisions after employment ends - use when permitted by local law and necessary for business protection
2. International Operations: Additional provisions for employees working across multiple jurisdictions - include for multinational operations
3. Government Contracts: Special provisions for work relating to government contracts - include when company deals with government projects
4. Open Source Software: Specific provisions regarding use and contribution to open source software - include for software development roles
5. Data Privacy Compliance: Enhanced data protection obligations - include when dealing with personal data processing
6. Specific Industry Requirements: Industry-specific confidentiality requirements - include based on specific industry regulations
7. Consultancy Services: Additional provisions for consultant relationships - include when agreement is with contractors rather than employees
1. Schedule A - Prior Inventions: Detailed list of inventor's pre-existing inventions excluded from assignment
2. Schedule B - Designated Third Party Agreements: List of existing confidentiality obligations with third parties
3. Schedule C - Notification to New Employer: Form of notice to be provided to future employers regarding ongoing obligations
4. Appendix 1 - Invention Disclosure Form: Standard form for documenting and disclosing new inventions
5. Appendix 2 - Confidential Information Categories: Detailed classification of different types of confidential information
6. Appendix 3 - Return of Materials Checklist: Checklist for ensuring complete return of confidential materials upon termination
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Software Development
Biotechnology
Pharmaceutical
Research and Development
Manufacturing
Engineering
Financial Services
Healthcare
Telecommunications
Professional Services
Media and Entertainment
Education and Training
Defense and Security
Relevant Teams
Research & Development
Engineering
Product Development
Innovation
Technical Operations
Scientific Research
Software Development
Design
Data Science
Information Technology
Laboratory Operations
Intellectual Property
Legal
Human Resources
Relevant Roles
Software Engineer
Research Scientist
Product Developer
Technical Architect
R&D Manager
Chief Technology Officer
Innovation Director
Product Designer
Data Scientist
Systems Engineer
Laboratory Technician
Research Associate
Technical Consultant
Industrial Designer
Development Engineer
Biotechnology Researcher
AI Specialist
Project Manager
Chief Scientific Officer
Technical Lead
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