Proprietary Information And Inventions Agreement

Proprietary Information And Inventions Agreement Template for Denmark

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Document background

The Proprietary Information And Inventions Agreement is a critical document used when engaging employees, contractors, or consultants who will have access to confidential information or may develop inventions during their work. This agreement, structured under Danish law, ensures protection of the company's intellectual property while complying with Danish regulations regarding employee rights to inventions. It becomes particularly important in innovative and research-intensive environments where new intellectual property is regularly created. The agreement covers key aspects such as confidentiality obligations, invention assignment procedures, and proper compensation requirements under Danish law. It should be implemented at the start of any employment or engagement where the individual will be involved in creative, technical, or innovative work.

Suggested Sections

1. Parties: Identification of the company and the employee/contractor

2. Background: Context of the agreement and the relationship between the parties

3. Definitions: Detailed definitions of key terms including Confidential Information, Intellectual Property, Inventions, and Company Materials

4. Scope of Employment/Engagement: Description of the individual's role and general duties

5. Confidentiality Obligations: Detailed obligations regarding protection and non-disclosure of confidential information

6. Assignment of Inventions: Provisions for automatic assignment of work-related inventions to the company

7. Disclosure of Inventions: Process and requirements for disclosing new inventions to the company

8. Prior Inventions: Treatment of pre-existing inventions and intellectual property

9. Return of Company Materials: Obligations regarding return of company property and materials upon termination

10. Non-Competition: Restrictions on competitive activities during employment

11. Third Party Information: Handling of third party confidential information and prior obligations

12. Term and Termination: Duration of the agreement and termination provisions

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

Optional Sections

1. Consulting or Freelance Provisions: Additional provisions specific to consulting or freelance relationships, used when the individual is not a regular employee

2. International Transfer of Data: Provisions for international data transfers, used when operations involve cross-border data sharing

3. Special Compensation: Provisions for additional compensation for inventions, used when required by Danish law for exceptional inventions

4. Academic and Publication Rights: Provisions for academic publication rights, used for agreements with researchers or academic institutions

5. Open Source Software: Provisions regarding use and contribution to open source software, used in software development contexts

6. Exit Interview Procedures: Detailed procedures for exit interviews and final inventions disclosure, used for high-level technical positions

Suggested Schedules

1. Schedule A - Prior Inventions: Detailed list of pre-existing inventions excluded from assignment

2. Schedule B - Third Party Agreements: List of existing obligations to third parties regarding confidential information or inventions

3. Schedule C - Invention Disclosure Form: Template form for documenting and disclosing new inventions

4. Schedule D - Confidential Information Categories: Detailed categorization of types of confidential information covered

5. Appendix 1 - Notice of Rights: Mandatory notice of employee rights under Danish law regarding inventions

6. Appendix 2 - Exit Certification: Form for certifying compliance upon termination of employment/engagement

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