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Employee Intellectual Property Assignment Agreement for New Zealand

Employee Intellectual Property Assignment Agreement Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes the terms and conditions under which an employee assigns all intellectual property rights created during their employment to their employer. This document ensures compliance with New Zealand intellectual property and employment laws while protecting the company's intellectual assets. It covers various forms of IP including inventions, creative works, designs, and confidential information, and includes provisions for disclosure, documentation, and ongoing cooperation in securing IP rights.

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Employee Intellectual Property Assignment Agreement

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What is a Employee Intellectual Property Assignment Agreement?

The Employee Intellectual Property Assignment Agreement is a crucial document for businesses operating in New Zealand that create, develop, or utilize intellectual property as part of their operations. This agreement should be implemented at the start of employment or when an employee transitions into a role involving IP creation. It ensures that all intellectual property created by employees during their employment is properly assigned to the company, protecting valuable business assets and preventing future ownership disputes. The agreement must comply with New Zealand's employment and intellectual property laws, including the Copyright Act 1994, Patents Act 2013, and Employment Relations Act 2000. It's particularly important for roles involving research, development, creative work, or access to proprietary information.

What sections should be included in a Employee Intellectual Property Assignment Agreement?

1. Parties: Identifies the employer (company) and employee, including their full legal names and addresses

2. Background: Sets out the context of the agreement, including the employment relationship and the company's interest in protecting its intellectual property

3. Definitions: Defines key terms used throughout the agreement, including 'Intellectual Property', 'Inventions', 'Works', and 'Confidential Information'

4. Scope of Employment: Outlines the employee's role and responsibilities, establishing the context for IP creation

5. Assignment of Rights: Core provision where the employee assigns all IP rights created during employment to the employer

6. Disclosure Obligations: Employee's obligations to disclose all inventions, works, and other IP created during employment

7. Assistance and Documentation: Employee's obligations to help secure and protect IP rights, including signing necessary documents

8. Pre-existing IP: Handling of IP owned by the employee before employment

9. Confidentiality Obligations: Requirements for maintaining confidentiality of company IP and trade secrets

10. Term and Survival: Duration of the agreement and which provisions survive employment termination

11. General Provisions: Standard contract clauses including governing law, entire agreement, and amendments

What sections are optional to include in a Employee Intellectual Property Assignment Agreement?

1. Third Party IP: Used when the employee may need to work with or incorporate third-party IP into their work

2. Academic and Publication Rights: Include for research-focused roles where employees may need to publish or present findings

3. Open Source Software: Include for software development roles to address handling of open source components

4. Revenue Sharing: Used when the company offers compensation for valuable IP contributions beyond regular salary

5. Moral Rights: Include for creative works where moral rights considerations are relevant

6. International IP Protection: Include when IP protection in multiple jurisdictions is anticipated

7. Competition and Non-Solicitation: Optional additional protections for company IP through restricting competitive activities

What schedules should be included in a Employee Intellectual Property Assignment Agreement?

1. Schedule 1: Pre-existing IP: Detailed list of IP owned by the employee prior to employment that is excluded from the assignment

2. Schedule 2: Excluded Inventions: List of any specific inventions or works that are excluded from the assignment

3. Schedule 3: Special Terms: Any special terms or conditions specific to the employee's role or IP creation

4. Appendix A: IP Disclosure Form: Template form for employees to disclose new IP creations

5. Appendix B: Assignment Confirmation: Template document for formally recording specific IP assignments

6. Appendix C: Approved Third-Party IP: List of third-party IP that the employee is authorized to use in their work

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions






























Clauses






























Relevant Industries

Technology

Biotechnology

Pharmaceutical

Research and Development

Software Development

Creative Industries

Manufacturing

Engineering

Media and Entertainment

Education

Professional Services

Healthcare

Telecommunications

Financial Services

Industrial Design

Relevant Teams

Research & Development

Engineering

Product Development

Design

Innovation

Creative Services

Software Development

Technical Writing

Data Science

Artificial Intelligence

Biotechnology

Industrial Design

Legal

Intellectual Property

Information Technology

Relevant Roles

Software Developer

Research Scientist

Product Designer

Engineer

Content Creator

Graphic Designer

Technical Writer

Data Scientist

UX Designer

Research Engineer

Product Manager

Industrial Designer

Biotechnology Researcher

AI Engineer

Systems Architect

Creative Director

Innovation Manager

Chief Technology Officer

R&D Manager

Patent Engineer

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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