The Employee Proprietary Information And Inventions Agreement is a crucial document for companies operating in Hong Kong who wish to protect their intellectual property rights, trade secrets, and confidential information. This agreement should be implemented at the start of employment for any employee who may have access to sensitive information or who may create intellectual property during their employment. It ensures compliance with Hong Kong's legal framework, including the Patents Ordinance, Copyright Ordinance, and Personal Data (Privacy) Ordinance, while establishing clear ownership rights over employee-created innovations. The agreement is particularly important for technology companies, research institutions, and any organization involved in innovation or proprietary development work. It typically includes detailed provisions for invention assignment, confidentiality obligations, and post-employment responsibilities regarding company intellectual property.
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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 and the employer's need to protect its proprietary information and inventions
3. Definitions: Defines key terms including 'Confidential Information', 'Intellectual Property Rights', 'Inventions', and 'Proprietary Information'
4. Confidentiality Obligations: Details the employee's obligations regarding confidential information, including use restrictions and security measures
5. Assignment of Inventions: Establishes the company's ownership of employee inventions created during employment
6. Disclosure of Prior Inventions: Requires employee to disclose any prior inventions that are excluded from the agreement
7. Third Party Information: Addresses handling of confidential information belonging to third parties
8. Return of Company Materials: Requires return of all company materials upon employment termination
9. Enforcement and Remedies: Outlines available remedies for breach of agreement
10. General Provisions: Standard contract terms including governing law, severability, and entire agreement
1. Non-Competition: Restricts employee's ability to compete with employer; include only if appropriate under local law and employee's position
2. Non-Solicitation: Prevents employee from soliciting company employees or customers; optional based on employee role
3. Remote Work Provisions: Additional security and confidentiality requirements for remote workers
4. Special Project Assignments: Specific provisions for employees working on key projects or innovations
5. Open Source Software: Guidelines for use and contribution to open source projects, relevant for technical employees
6. International Travel: Additional security measures for protecting confidential information during international travel
1. Schedule 1 - Prior Inventions: List of employee's pre-existing inventions excluded from assignment
2. Schedule 2 - Confidential Information Categories: Detailed list of types of confidential information covered by the agreement
3. Schedule 3 - Invention Assignment Form: Template form for documenting and assigning new inventions to the company
4. Schedule 4 - Exit Interview Checklist: Checklist for ensuring compliance with agreement terms upon termination
5. Appendix A - Acknowledgment Form: Form for employee to acknowledge receipt and understanding of the agreement
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Biotechnology
Pharmaceutical
Research and Development
Manufacturing
Financial Services
Professional Services
Media and Entertainment
Healthcare
Software Development
Engineering
Telecommunications
Electronics
Artificial Intelligence
Industrial Design
Relevant Teams
Research & Development
Engineering
Product Development
Innovation
Technical Operations
Design
Quality Assurance
Information Technology
Software Development
Laboratory Operations
Industrial Design
Artificial Intelligence
Patents
Technical Documentation
Scientific Research
Relevant Roles
Software Engineer
Research Scientist
Product Manager
Technical Lead
Data Scientist
Design Engineer
Research & Development Manager
Chief Technology Officer
Innovation Director
Laboratory Technician
Systems Architect
Product Designer
Biotechnology Researcher
AI Engineer
Patent Engineer
Technical Writer
UX Designer
Industrial Designer
Quality Assurance Engineer
Development Engineer
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