The Proprietary Information And Inventions Agreement is essential for companies operating in Malaysia who need to safeguard their intellectual property rights and confidential information. This document is typically executed at the commencement of employment or engagement, establishing clear ownership rights over any inventions, innovations, or intellectual property created during the course of work. It ensures compliance with Malaysian intellectual property laws, including the Patents Act 1983, Contracts Act 1950, and common law principles protecting trade secrets. The agreement is particularly crucial for technology companies, research organizations, and any business where innovation and intellectual property are vital assets. It covers confidentiality obligations, invention assignment provisions, and disclosure requirements, providing comprehensive protection for the company's proprietary information and future innovations.
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1. Parties: Identification of the employer company and the employee/contractor
2. Background: Context of the agreement and relationship between parties
3. Definitions: Defines key terms including 'Confidential Information', 'Intellectual Property', 'Inventions', and 'Proprietary Rights'
4. Scope of Employment: Outlines the employee's role and responsibilities
5. Confidential Information: Defines what constitutes confidential information and obligations regarding its protection
6. Assignment of Inventions: Establishes the company's ownership of inventions created during employment
7. Disclosure of Inventions: Employee's obligation to promptly disclose any inventions
8. Third Party Information: Handling of confidential information belonging to third parties
9. Return of Company Materials: Obligations regarding return of company property and information
10. Non-Competition: Restrictions on competing activities during employment
11. Term and Survival: Duration of agreement and obligations that continue after termination
12. General Provisions: Standard clauses including governing law, severability, and entire agreement
1. Prior Inventions: Section for employees to declare pre-existing inventions they own - used when employee brings existing IP
2. Open Source Projects: Guidelines for contribution to open source - needed for software development roles
3. Academic and Publication Rights: Rights to publish or use information in academic context - for research-focused roles
4. Consulting Activities: Terms for external consulting work - for senior employees with permission to consult
5. Government Rights: Provisions related to government contracts - when company deals with government projects
6. Use of Personal Devices: Rules for using personal devices for work - for BYOD environments
1. Schedule A - Prior Inventions: Detailed list of employee's pre-existing inventions and intellectual property
2. Schedule B - Excluded Inventions: List of specific inventions or types of developments excluded from company ownership
3. Schedule C - Job Description: Detailed description of employee's role and responsibilities
4. Appendix 1 - Confidential Information Categories: Detailed categorization of company's confidential information
5. Appendix 2 - Approved Outside Activities: List of pre-approved external activities or commitments
6. Appendix 3 - Company Intellectual Property Policy: Company's detailed policies regarding IP management and protection
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