The Employee Intellectual Property Agreement is a crucial document for any New Zealand organization that engages in innovative, creative, or technical work where intellectual property may be created. This agreement is particularly important in today's knowledge-based economy where intellectual property represents a significant portion of company assets. It should be implemented at the start of employment to ensure clear understanding and protection of IP rights. The document complies with New Zealand's IP and employment law framework, including the Copyright Act 1994, Patents Act 2013, and Employment Relations Act 2000, while providing comprehensive coverage of IP creation, assignment, and protection. It's designed to protect company interests while ensuring fair treatment of employees and compliance with local regulations.
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1. Parties: Identifies the employer and employee entering into the agreement
2. Background: Sets out the context of the agreement, including the employee's role and the nature of the employer's business
3. Definitions: Defines key terms including Intellectual Property, Confidential Information, Inventions, Works, and other relevant terms
4. Scope of Employment: Outlines the employee's role and responsibilities relating to potential IP creation
5. Ownership of Intellectual Property: Establishes employer ownership of IP created during employment and using company resources
6. Assignment of Rights: Contains express assignment provisions for all types of IP created during employment
7. Disclosure Obligations: Details the employee's obligations to disclose any IP created during employment
8. Confidential Information: Defines and protects the company's confidential information and trade secrets
9. Moral Rights: Addresses the employee's moral rights under the Copyright Act 1994
10. Employee Warranties: Employee's confirmations regarding third-party IP and previous obligations
11. Post-Employment Obligations: Continues protection of IP and confidential information after employment ends
12. General Provisions: Includes standard clauses on governing law, severability, and entire agreement
1. Pre-Existing IP: Used when the employee brings existing IP to the role that needs to be excluded from the agreement
2. Third Party Collaboration: Include when the role involves working with external parties or joint development projects
3. Open Source Software: Required for software development roles where open source materials may be used
4. Academic and Publication Rights: Include for research-focused roles where publishing rights need to be addressed
5. Commissioned Works: Add when the role involves creating works specifically commissioned by clients
6. International IP Rights: Include when the employee's work may create IP rights in multiple jurisdictions
7. Competition Restrictions: Add when specific competitive activities need to be restricted in relation to IP
8. License Back Provisions: Used when the employee may need to use company IP for specific permitted purposes
1. Schedule 1 - Pre-Existing IP: Lists any IP owned by the employee prior to employment that is excluded from the agreement
2. Schedule 2 - Excluded Inventions: Details any specific inventions or works that are excluded from the scope of the agreement
3. Schedule 3 - IP Disclosure Form: Template form for employees to disclose new IP created during employment
4. Schedule 4 - Approved Outside Activities: Lists any approved activities where the employee can create IP outside of employment
5. Appendix A - IP Assignment Deed: Template deed for formal assignment of specific IP rights as needed
6. Appendix B - Confidentiality Requirements: Detailed procedures and requirements for handling confidential information
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