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Employee IP Agreement for New Zealand

Employee IP Agreement Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes and protects an employer's rights to intellectual property created by employees during their employment. The document covers various forms of intellectual property including patents, copyrights, designs, and trade secrets, while ensuring compliance with New Zealand's Patents Act 2013, Copyright Act 1994, and Employment Relations Act 2000. It sets out clear terms for IP ownership, assignment of rights, confidentiality obligations, and post-employment responsibilities, providing essential protection for companies while respecting employees' rights under New Zealand law.

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What is a Employee IP Agreement?

The Employee IP Agreement is a crucial document for organizations operating in New Zealand that need to protect their intellectual property rights in relation to employee-created works. This agreement is particularly important in sectors where employees regularly create, develop, or contribute to intellectual property assets. It establishes clear ownership rights, ensures proper assignment of IP from employees to the employer, and sets out confidentiality obligations in accordance with New Zealand legislation, including the Patents Act 2013, Copyright Act 1994, and Employment Relations Act 2000. The agreement is typically implemented at the start of employment but can also be executed during employment when necessary. It's designed to protect various forms of IP including inventions, software, designs, and creative works, while maintaining compliance with New Zealand's employment and intellectual property laws.

What sections should be included in a Employee IP Agreement?

1. Parties: Identifies the employer and employee, including their legal names and addresses

2. Background: Sets out the context of the agreement, including the employment relationship and purpose of the IP agreement

3. Definitions: Defines key terms including Intellectual Property, Confidential Information, Works, Inventions, and other relevant terms

4. Scope of Employment: Defines the employee's role and responsibilities relating to IP creation

5. Ownership of Intellectual Property: Establishes the employer's ownership of IP created during employment

6. Assignment of Rights: Contains formal assignment language transferring all IP rights from employee to employer

7. Disclosure Obligations: Employee's obligations to disclose all IP created during employment

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

9. Assistance and Documentation: Employee's obligations to assist with IP protection and documentation

10. Moral Rights: Addresses the employee's moral rights in relation to created works

11. Post-Employment Obligations: Continuing obligations after employment ends

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

What sections are optional to include in a Employee IP Agreement?

1. Prior IP: Used when employee has existing IP they want to exclude from the agreement

2. Revenue Sharing: Include when the company offers compensation for certain IP developments

3. Academic and Publication Rights: For employees in research or academic roles who need to publish

4. Third Party IP: When employee needs to work with IP owned by third parties

5. Open Source Software: For software developers working with open source components

6. International Rights: When IP protection needs to extend beyond New Zealand

7. Specific Project Provisions: When agreement relates to specific projects or products

What schedules should be included in a Employee IP Agreement?

1. Schedule 1 - Prior IP: List of employee's pre-existing IP excluded from the agreement

2. Schedule 2 - Approved Outside Activities: List of permitted external activities that may involve IP creation

3. Schedule 3 - IP Protection Procedures: Detailed procedures for documenting and protecting new IP

4. Schedule 4 - Revenue Sharing Terms: Details of any applicable revenue sharing arrangements

5. Appendix A - IP Assignment Form: Template for formal assignment of specific IP items

6. Appendix B - Confidential Information Categories: Detailed list of what constitutes confidential information

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

Jurisdiction

New Zealand

Cost

Free to use

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