The Confidential Information And Invention Assignment Agreement is a crucial document for businesses operating in Hong Kong that need to protect their intellectual property and confidential information while ensuring clear ownership of employee-created innovations. This agreement is typically executed at the start of an employment or contractor relationship, particularly in knowledge-intensive industries or roles involving access to sensitive information or creative/technical work. It addresses two critical aspects: the protection of confidential information and the assignment of invention rights. The agreement must comply with Hong Kong's legal framework, including the Patents Ordinance, Copyright Ordinance, Personal Data (Privacy) Ordinance, and relevant employment laws. It is especially important for technology companies, research institutions, and any organization where intellectual property creation is part of the working relationship.
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1. Parties: Identifies and defines the parties to the agreement - typically the company and the individual (employee/contractor)
2. Background: Sets out the context of the agreement and the relationship between the parties
3. Definitions: Defines key terms including 'Confidential Information', 'Inventions', 'Intellectual Property Rights', and other important concepts
4. Scope of Relationship: Defines the nature of the relationship between the parties (employment, consulting, etc.)
5. Confidential Information: Details what constitutes confidential information and the obligations regarding its protection
6. Non-Disclosure Obligations: Specifies the obligations to maintain confidentiality and restrictions on use of confidential information
7. Assignment of Inventions: Covers the assignment of rights to inventions, developments, and improvements created during the relationship
8. Excluded Inventions: Specifies what inventions are not covered by the assignment provisions
9. Return of Materials: Requirements for returning or destroying confidential materials upon termination
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Survival: Specifies which obligations continue after termination
12. Remedies: Outlines available remedies in case of breach, including injunctive relief
13. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Non-Competition: Restrictions on competing activities - include only if appropriate under employment relationship and local law
2. Non-Solicitation: Restrictions on soliciting employees/customers - include based on relationship type
3. Third Party Information: Provisions regarding confidential information belonging to third parties - include if relevant to the role
4. Prior Inventions: Section for listing pre-existing inventions - include for individuals with significant prior work
5. Use of Open Source: Provisions regarding use of open source software - include for software development roles
6. Data Privacy Compliance: Specific provisions for PDPO compliance - include if handling personal data
7. Moral Rights Waiver: Waiver of moral rights in works - include for creative/artistic roles
1. Schedule 1 - Prior Inventions: List of pre-existing inventions excluded from assignment
2. Schedule 2 - Excluded Inventions: Template for documenting inventions excluded from the agreement
3. Schedule 3 - Form of Invention Disclosure: Template for reporting new inventions to the company
4. Schedule 4 - Confidential Information Categories: Detailed categorization of types of confidential information covered
5. Appendix A - Assignment Confirmation: Template for confirming assignment of specific inventions
6. Appendix B - Exit Certificate: Template for confirming compliance upon termination
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