The Confidentiality and Invention Assignment Agreement is essential for organizations operating in Hong Kong that need to protect their intellectual property and confidential information while ensuring clear ownership of innovations developed by their workforce. This document is typically used when onboarding new employees, engaging contractors, or establishing research partnerships, particularly in technology, innovation, or creative sectors. It addresses two critical aspects: maintaining confidentiality of proprietary information and assigning rights to inventions created during the engagement period. The agreement must comply with Hong Kong's legal framework, including the Patents Ordinance (Cap. 514), Copyright Ordinance (Cap. 528), and Employment Ordinance (Cap. 57), while providing comprehensive protection for both parties' interests.
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1. Parties: Identifies and defines the parties to the agreement
2. Background: Sets out the context and purpose of the agreement
3. Definitions: Defines key terms including 'Confidential Information', 'Intellectual Property', 'Inventions', and 'Proprietary Rights'
4. Confidentiality Obligations: Details the obligations regarding confidential information, including use restrictions and security measures
5. Invention Assignment: Covers the assignment of rights to inventions, developments, and improvements created during the engagement
6. Disclosure and Records: Requirements for disclosing inventions and maintaining records of developments
7. Further Assurances: Obligation to assist with IP protection and documentation
8. Return of Materials: Requirements for returning confidential materials upon termination
9. Duration and Survival: Specifies the term of the agreement and which provisions survive termination
10. Remedies: Outlines available remedies for breach, including injunctive relief
11. General Provisions: Standard clauses including governing law, entire agreement, and severability
1. Non-Competition: Optional restrictions on competitive activities - include only if specifically required and ensure compliance with Hong Kong competition law
2. Non-Solicitation: Optional restrictions on soliciting employees or customers - include for senior positions or when justified by business needs
3. Prior Inventions: Section for listing pre-existing inventions excluded from assignment - include when working with experienced professionals or those with existing IP
4. Third Party Information: Provisions regarding confidential information belonging to third parties - include when the role involves access to client or partner information
5. Use of Open Source: Provisions regarding use of open source software - include for technology-related positions
6. Moral Rights Waiver: Waiver of moral rights in created works - include for creative or content development roles
1. Schedule 1 - Excluded Inventions: List of pre-existing inventions excluded from the assignment
2. Schedule 2 - Specified Confidential Information: Detailed categorization of types of confidential information covered
3. Schedule 3 - Form of Invention Disclosure: Template for documenting and disclosing new inventions
4. Appendix A - Acknowledgment Form: Form for periodic acknowledgment of compliance with the agreement
5. Appendix B - Exit Certificate: Form to be signed upon termination confirming compliance with return of materials and ongoing obligations
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Research & Development
Pharmaceuticals
Biotechnology
Financial Services
Manufacturing
Software Development
Creative Industries
Professional Services
Engineering
Healthcare
Telecommunications
Education & Research
Media & Entertainment
Relevant Teams
Legal
Human Resources
Research & Development
Information Technology
Product Development
Innovation
Engineering
Design
Scientific Research
Information Security
Intellectual Property
Technical Operations
Creative Services
Data Science
Relevant Roles
Software Engineer
Research Scientist
Product Developer
Technical Consultant
R&D Manager
Data Scientist
Systems Architect
Industrial Designer
Creative Director
Innovation Manager
Laboratory Technician
AI Developer
UX Designer
Research Fellow
Technical Writer
Product Manager
Biotechnology Researcher
Solutions Architect
Chemical Engineer
Algorithm Developer
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