黑料视频

Employee IP Assignment Agreement Template for Indonesia

This document is a comprehensive agreement governed by Indonesian law that establishes the framework for assigning intellectual property rights from an employee to their employer. It covers all forms of intellectual property including patents, copyrights, industrial designs, and trade secrets created during the course of employment. The agreement complies with Indonesian IP laws including Law No. 28 of 2014 on Copyright, Law No. 13 of 2016 on Patents, and Law No. 13 of 2003 on Manpower, and must be executed in both Indonesian and English languages to ensure enforceability.

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What is a Employee IP Assignment Agreement?

The Employee IP Assignment Agreement is a crucial document for companies operating in Indonesia who employ individuals likely to create intellectual property during their employment. This agreement ensures that all IP created by employees during their employment is properly assigned to the company, protecting the company's intellectual property rights under Indonesian law. It should be implemented at the start of employment and covers various forms of IP including inventions, creative works, software, designs, and confidential information. The agreement complies with Indonesian IP and employment laws, including mandatory bilingual requirements, and is particularly important for roles involving research, development, creative work, or technical innovation.

What sections should be included in a Employee IP Assignment Agreement?

1. Parties: Identification of the employer company and the employee

2. Background: Context of the employment relationship and purpose of the IP assignment

3. Definitions: Key terms including Intellectual Property Rights, Works, Inventions, and Confidential Information

4. Scope of Employment: Description of employee's role and responsibilities

5. Assignment of Rights: Core provision detailing the transfer of all IP rights from employee to employer

6. Disclosure Obligations: Employee's obligation to disclose all inventions and works created during employment

7. Assistance and Documentation: Employee's obligation to help secure and protect IP rights

8. Moral Rights: Handling of moral rights under Indonesian copyright law

9. Confidentiality: Protection of confidential information and trade secrets

10. Return of Materials: Obligation to return all IP-related materials upon employment termination

11. Duration and Survival: Term of the agreement and provisions that survive employment termination

12. Governing Law: Specification of Indonesian law as governing law

13. Dispute Resolution: Process for resolving disputes under Indonesian jurisdiction

14. Language: Dual language provision and precedence of Indonesian text

15. Execution: Signature blocks and execution requirements

What sections are optional to include in a Employee IP Assignment Agreement?

1. Prior IP: Section excluding pre-existing IP owned by employee, used when employee brings significant prior IP

2. Third Party Rights: Provisions dealing with third-party IP rights, used when work involves third-party materials

3. Non-Competition: Post-employment competition restrictions, used for senior employees or specific roles

4. Academic/Publication Rights: Rights to publish or use IP for academic purposes, used for research-focused roles

5. Revenue Sharing: Provisions for sharing revenue from commercialized IP, used for research/development roles

6. Open Source Software: Provisions regarding use and contribution to open source, used for software development roles

What schedules should be included in a Employee IP Assignment Agreement?

1. Schedule 1 - Existing IP: List of pre-existing IP owned by employee that is excluded from assignment

2. Schedule 2 - Job Description: Detailed description of employee's role and responsibilities

3. Schedule 3 - Specific Projects: List of specific projects or works covered by the agreement

4. Appendix A - Form of Invention Disclosure: Template for documenting and disclosing new inventions

5. Appendix B - Assignment Deed: Form of deed for formally assigning specific IP rights

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Indonesia

Publisher

黑料视频

Cost

Free to use

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