The Employee Invention Assignment And Confidentiality Agreement is a critical document used in South African employment relationships where employees may create intellectual property or have access to sensitive company information. It serves to protect the employer's intellectual property rights and confidential information by clearly establishing ownership of employee-created inventions and works, while ensuring compliance with South African intellectual property and employment laws. This agreement is particularly important in industries involving research, development, or creative work, and should be implemented at the start of employment. It includes provisions for invention assignment, confidentiality obligations, and post-employment responsibilities, all structured within the framework of South African legal requirements and business practices.
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1. Parties: Identifies and provides full details of the employer and employee entering into the agreement
2. Background: Sets out the context of the agreement, including the employee's role and the nature of the employer's business
3. Definitions and Interpretation: Defines key terms used throughout the agreement, including 'Confidential Information', 'Intellectual Property', 'Inventions', and 'Works'
4. Scope of Employment: Outlines the employee's role and responsibilities, establishing the context for potential inventions and works
5. Assignment of Inventions: Details the assignment of all inventions, improvements, and discoveries made during employment to the employer
6. Ownership of Work Product: Establishes employer's ownership of all work product, including copyright works created during employment
7. Confidentiality Obligations: Specifies the employee's obligations regarding confidential information, including use restrictions and security measures
8. Non-Disclosure Requirements: Details specific requirements regarding non-disclosure of confidential information and trade secrets
9. Employee's Duties: Lists specific duties of the employee regarding invention disclosure, documentation, and assistance with IP protection
10. Previous Inventions: Addresses treatment of inventions made before employment
11. Assistance with IP Protection: Employee's obligations to assist with patent applications and other IP protection measures
12. Return of Materials: Requirements for returning confidential information and materials upon employment termination
13. Duration and Survival: Specifies which obligations continue after employment ends
14. General Provisions: Standard contractual provisions including governing law, severability, and entire agreement
1. Third Party Information: Additional provisions regarding handling of third-party confidential information, used when employee will have access to client or partner confidential information
2. Open Source Software: Specific provisions regarding use and contribution to open source software, included for software development roles
3. Academic and Publication Rights: Provisions regarding rights to publish or use inventions in academic contexts, used for research-focused roles or academic collaborations
4. Government Rights: Provisions regarding government rights in inventions where public funding is involved
5. Moral Rights Waiver: Specific waiver of moral rights in copyright works, particularly important for creative and software development roles
6. Competition Restrictions: Non-compete provisions, included where legally enforceable and necessary for business protection
1. Schedule A - Prior Inventions: List of all inventions, improvements, and original works of authorship made by employee prior to employment
2. Schedule B - Excluded Inventions: List of specific inventions or types of inventions excluded from the assignment obligations
3. Schedule C - Third Party Agreements: List of any agreements with third parties that might affect the employee's ability to assign rights or maintain confidentiality
4. Appendix 1 - Confidential Information Categories: Detailed categorization of types of confidential information covered by the agreement
5. Appendix 2 - Security Procedures: Specific procedures and requirements for handling confidential information
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