The Proprietary Information And Inventions Agreement is a crucial legal document used in New Zealand to protect an organization's intellectual property rights and confidential information. It is typically implemented at the start of an employment relationship or independent contractor engagement where the individual will have access to sensitive information or may develop intellectual property in the course of their work. The agreement ensures compliance with New Zealand intellectual property and employment laws while establishing clear ownership rights over inventions, developments, and innovations created during the engagement period. It is particularly important for companies in technology, research, or innovation-focused sectors, and for roles involving product development, research, or access to trade secrets. The agreement includes comprehensive provisions for confidentiality obligations, assignment of intellectual property rights, and protocols for handling proprietary information.
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1. Parties: Identifies the company and the employee/contractor who are entering into the agreement
2. Background: Sets out the context of the agreement, including the nature of the relationship and the company's need to protect its intellectual property and confidential information
3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Intellectual Property', 'Inventions', and 'Proprietary Information'
4. Confidentiality Obligations: Details the employee's obligations regarding confidential information, including non-disclosure, security measures, and return of materials
5. Intellectual Property Rights: Establishes the company's ownership of intellectual property created during employment and the employee's obligations regarding IP
6. Assignment of Inventions: Specifies that all inventions developed during employment are assigned to the company
7. Prior Inventions: Addresses treatment of inventions created before employment
8. Assistance with IP Protection: Employee's obligation to assist with patent applications and other IP protection measures
9. Non-Competition and Non-Solicitation: Restrictions on competitive activities and solicitation of employees or customers
10. Term and Termination: Duration of the agreement and obligations that survive termination
11. Return of Materials: Requirements for returning company materials upon termination
12. General Provisions: Standard clauses including governing law, entire agreement, amendments, and severability
1. Third Party Information: Additional provisions for handling confidential information received from third parties. Include when the employee may have access to customer or partner confidential information
2. Open Source Software: Specific provisions regarding use and contribution to open source software. Include for software development roles
3. International Travel: Provisions for protecting confidential information during international travel. Include for roles requiring frequent travel
4. Remote Work Provisions: Specific security and confidentiality requirements for remote work. Include for remote or hybrid work arrangements
5. Consulting or Side Projects: Provisions regarding outside professional activities. Include when allowing employees to engage in external professional work
6. Academic and Publication Rights: Provisions for academic publication and research. Include for research-focused roles or academic collaboration
1. Schedule 1 - Prior Inventions: List of employee's pre-existing inventions excluded from the agreement
2. Schedule 2 - Confirmation of Obligations: Form for employee to acknowledge and confirm understanding of obligations
3. Schedule 3 - Approved Outside Activities: List of pre-approved external professional activities, if any
4. Schedule 4 - Security Procedures: Detailed security protocols for handling confidential information
5. Appendix A - Confidential Information Categories: Detailed classification of different types of confidential information
6. Appendix B - Exit Procedures: Checklist and procedures for returning company materials upon termination
Relevant legal definitions
Clauses
Relevant Industries
Technology
Biotechnology
Pharmaceuticals
Research and Development
Manufacturing
Software Development
Engineering
Healthcare
Financial Services
Professional Services
Media and Entertainment
Telecommunications
Aerospace and Defense
Chemical Industry
Education and Research
Relevant Teams
Research and Development
Engineering
Product Development
Innovation
Technical Operations
Software Development
Design
Data Science
Laboratory Operations
Scientific Research
Information Technology
Artificial Intelligence
Hardware Development
Systems Architecture
Quality Assurance
Relevant Roles
Software Engineer
Research Scientist
Product Developer
Technical Architect
Research and Development Manager
Chief Technology Officer
Innovation Director
Product Manager
Systems Engineer
Data Scientist
Biotechnology Researcher
Industrial Designer
Technical Consultant
Laboratory Technician
Research Associate
Project Engineer
Hardware Engineer
UX Designer
AI Specialist
Chemical Engineer
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