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Employee Innovation And Proprietary Information Agreement for Canada

Employee Innovation And Proprietary Information Agreement Template for Canada

A comprehensive legal agreement governed by Canadian law that establishes the terms and conditions regarding intellectual property rights, confidential information, and innovations created during employment. The agreement ensures that employers maintain ownership of employee-created intellectual property, protects confidential information, and establishes clear guidelines for handling company innovations and proprietary information. It complies with federal and provincial employment laws, intellectual property legislation, and privacy regulations across Canada, while considering specific provincial requirements for enforceability.

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Employee Innovation And Proprietary Information Agreement

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What is a Employee Innovation And Proprietary Information Agreement?

The Employee Innovation And Proprietary Information Agreement is a crucial document for Canadian businesses that need to protect their intellectual property, trade secrets, and confidential information in the context of employment relationships. It should be implemented at the start of employment or when an employee's role involves access to sensitive information or creation of intellectual property. The agreement covers invention assignments, confidentiality obligations, and intellectual property rights, ensuring compliance with both federal and provincial Canadian laws. It's particularly important in knowledge-based industries where employees regularly create valuable intellectual property or handle sensitive information. The agreement helps prevent disputes over ownership of innovations and maintains the company's competitive advantage by protecting proprietary information.

What sections should be included in a Employee Innovation And Proprietary Information Agreement?

1. Parties: Identification of the employer company and the employee entering into the agreement

2. Background: Context of the agreement, including the employee's role and the company's need to protect its intellectual property and confidential information

3. Definitions: Detailed definitions of key terms including Confidential Information, Intellectual Property, Inventions, Works, and other relevant terms

4. Confidentiality Obligations: Employee's obligations regarding non-disclosure and protection of company confidential information

5. Assignment of Inventions: Terms regarding the ownership and assignment of inventions created during employment

6. Intellectual Property Rights: Provisions covering copyright, patents, trademarks, and other IP rights in works created during employment

7. Prior Inventions: Treatment of inventions created by employee before employment

8. Return of Company Property: Requirements for returning company materials and information upon termination

9. Non-Solicitation: Restrictions on soliciting company employees or customers

10. Assistance in IP Protection: Employee's obligations to assist with IP applications and protection

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

12. General Provisions: Standard clauses including governing law, severability, and entire agreement

What sections are optional to include in a Employee Innovation And Proprietary Information Agreement?

1. Non-Competition: Restrictions on working for competitors (include only where enforceable under provincial law and necessary for business protection)

2. Open Source Software: Specific provisions regarding use and contribution to open source software, relevant for technology companies

3. Data Privacy Obligations: Additional provisions regarding personal data handling, especially important for companies dealing with sensitive data

4. Remote Work Provisions: Specific obligations regarding security and confidentiality while working remotely

5. Third Party Information: Provisions regarding handling of third party confidential information, important for consulting or service companies

6. Export Control: Provisions regarding compliance with export control laws, relevant for companies dealing with regulated technology

7. Conflict of Interest: Provisions regarding outside activities and potential conflicts, important for senior employees or specific industries

What schedules should be included in a Employee Innovation And Proprietary Information Agreement?

1. Schedule A - Prior Inventions: Detailed list of employee's pre-existing inventions excluded from company ownership

2. Schedule B - Excluded Inventions: List of specific types of inventions excluded from assignment under provincial law

3. Schedule C - Exit Certificate: Form to be signed upon termination confirming compliance with return of property and ongoing obligations

4. Appendix 1 - Approved Outside Activities: List of pre-approved outside professional activities or commitments

5. Appendix 2 - Confidential Information Categories: Detailed categorization of types of confidential information covered by the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions






























Clauses






























Relevant Industries

Technology

Biotechnology

Pharmaceutical

Manufacturing

Research and Development

Financial Services

Professional Services

Healthcare

Software Development

Telecommunications

Media and Entertainment

Engineering

Consulting

Defense and Aerospace

Relevant Teams

Engineering

Research & Development

Product Development

Design

Innovation

Technology

Scientific Research

Data Science

Architecture

Solutions

Information Technology

Artificial Intelligence

Technical Documentation

Software Development

Intellectual Property

Relevant Roles

Software Engineer

Research Scientist

Product Manager

Technical Lead

Data Scientist

Systems Architect

Research & Development Engineer

Product Designer

Chief Technology Officer

Innovation Director

Technical Consultant

Development Engineer

UX Designer

AI Researcher

Biotechnology Researcher

Solutions Architect

Industrial Designer

Chief Scientific Officer

Research Director

Technical Writer

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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