The Prior Inventions Employment Agreement is essential when hiring employees who may have developed intellectual property or inventions before joining the company. This document, governed by South African law, serves to clearly document and protect both the employee's rights to their prior inventions and the employer's interests. It is particularly important in industries where intellectual property is valuable and innovation is common. The agreement helps prevent future disputes by clearly establishing ownership of pre-existing intellectual property, defining any licenses granted to the employer, and distinguishing between prior inventions and new developments that will occur during employment. It should be implemented at the start of employment and must comply with South African intellectual property laws, employment regulations, and competition law requirements.
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1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Context of the agreement, including the employment relationship and purpose of documenting prior inventions
3. Definitions: Key terms used in the agreement, including 'Prior Inventions', 'Intellectual Property Rights', and 'Confidential Information'
4. Disclosure of Prior Inventions: Employee's obligation to disclose all relevant prior inventions and the process for doing so
5. Ownership Rights: Clear statement of ownership rights regarding prior inventions and confirmation that they remain the employee's property
6. Company Rights: The scope of any license or rights granted to the employer regarding prior inventions
7. Future Developments: Distinguished from prior inventions - clarification of ownership of inventions developed during employment
8. Confidentiality Obligations: Requirements for maintaining confidentiality of both prior inventions and company information
9. Warranties and Representations: Employee's confirmations regarding ownership and rights to prior inventions
10. General Provisions: Standard clauses including governing law, entire agreement, amendments, and severability
1. Third Party Rights: Used when prior inventions involve third party rights or licenses
2. University or Research Institution Rights: Needed when prior inventions were developed in academic or research settings
3. Government Rights: Required when prior inventions involve government funding or rights
4. Competition Law Compliance: Additional provisions ensuring compliance with competition laws when relevant
5. Export Control: Required for inventions subject to export control regulations
6. Assignment of Rights: Used when there's a need to formally transfer certain rights to the employer
1. Schedule A - List of Prior Inventions: Detailed inventory of all prior inventions claimed by the employee
2. Schedule B - Prior Invention Disclosure Form: Standard form for documenting details of each prior invention
3. Schedule C - Third Party Rights Documentation: Copies or summaries of any third-party agreements or licenses relating to prior inventions
4. Schedule D - Prior Patents and Patent Applications: List of any patents or patent applications related to prior inventions
5. Appendix 1 - Technical Documentation: Technical descriptions or documentation of prior inventions where necessary
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