Employee Invention Assignment And Confidentiality Agreement Template for Austria

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Employee Invention Assignment And Confidentiality Agreement

"I need an Employee Invention Assignment and Confidentiality Agreement under Austrian law for our biotech startup in Vienna, which will be hiring 5 research scientists in March 2025 - we'll be working on novel drug delivery systems and need strong IP protection."

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What is a Employee Invention Assignment And Confidentiality Agreement?

The Employee Invention Assignment And Confidentiality Agreement is a crucial document for organizations operating in Austria that engage in innovation, research, or development activities. This agreement is particularly important in light of the specific requirements under Austrian Patent Act (Patentgesetz) regarding employee inventions, which mandates fair compensation for valuable inventions and establishes specific procedures for invention disclosure and assignment. The document should be implemented at the start of employment for any roles that may involve creative or innovative work, ensuring clear ownership of intellectual property and protection of confidential information. It combines invention assignment provisions with comprehensive confidentiality obligations, aligned with both Austrian trade secrets law and EU data protection requirements, making it essential for maintaining competitive advantage and legal compliance.

What sections should be included in a Employee Invention Assignment And Confidentiality Agreement?

1. Parties: Identification of the employer and employee, including full legal names and addresses

2. Background: Context of the employment relationship and purpose of the agreement

3. Definitions: Key terms including 'Confidential Information', 'Intellectual Property', 'Inventions', and 'Work Product'

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

5. Assignment of Inventions: Provisions regarding the assignment of employee inventions to the employer, including notification requirements and compensation principles under Austrian Patent Act

6. Excluded Inventions: Specification of which inventions are excluded from assignment (pre-existing or unrelated to employment)

7. Confidentiality Obligations: Detailed provisions regarding handling of confidential information, trade secrets, and data protection requirements

8. Intellectual Property Rights: Assignment of other IP rights including copyright, designs, and related rights

9. Documentation and Disclosure: Employee's obligations to document and disclose inventions and work product

10. Assistance and Cooperation: Employee's duties to assist with IP protection and enforcement

11. Return of Materials: Obligations regarding return of confidential information and company property

12. Term and Survival: Duration of obligations and which provisions survive employment termination

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

What sections are optional to include in a Employee Invention Assignment And Confidentiality Agreement?

1. Non-Competition: Post-employment competition restrictions (only if specifically required and carefully drafted to comply with Austrian law limitations)

2. Third Party Information: Handling of confidential information belonging to third parties (relevant if employee has access to customer/partner data)

3. Publication Rights: Procedures for academic or scientific publication of invention-related information (relevant for research-focused positions)

4. Remote Work Provisions: Special confidentiality and security measures for remote work (relevant for remote employees)

5. International Transfer Provisions: Provisions for international data transfers and IP protection (relevant for multinational companies)

6. Specific Industry Compliance: Additional provisions for regulated industries like pharmaceuticals or financial services

What schedules should be included in a Employee Invention Assignment And Confidentiality Agreement?

1. Schedule A - Prior Inventions: List of employee's pre-existing inventions excluded from assignment

2. Schedule B - Invention Disclosure Form: Template form for documenting and reporting new inventions

3. Schedule C - Compensation Framework: Framework for calculating special compensation for valuable inventions as required by Austrian law

4. Schedule D - Security Protocols: Specific procedures for handling confidential information and secure data

5. Schedule E - Third Party Agreements: List of relevant third party agreements affecting IP rights or confidentiality obligations

Authors

Alex Denne

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

Clauses
Relevant Industries

Technology

Pharmaceuticals

Biotechnology

Manufacturing

Engineering

Chemical Industry

Medical Devices

Software Development

Telecommunications

Research Institutions

Automotive

Electronics

Aerospace

Industrial Design

Energy

Materials Science

Relevant Teams

Research & Development

Engineering

Product Development

Innovation

Technical Operations

Laboratory Operations

Design

Software Development

Data Science

Manufacturing

Quality Assurance

Scientific Affairs

Technology

Industrial Operations

Process Development

Relevant Roles

Research Scientist

Software Engineer

Product Developer

R&D Manager

Technical Lead

Laboratory Technician

Process Engineer

Design Engineer

Chief Technology Officer

Innovation Manager

Systems Architect

Chemical Engineer

Biotechnology Researcher

Industrial Designer

Data Scientist

AI Engineer

Research Director

Product Manager

Technical Specialist

Development Engineer

Industries
Austrian Patent Act (Patentgesetz): Governs patent rights and specifically includes provisions on employee inventions (Diensterfindungen) in §§ 6-20, defining rights and obligations of employers and employees regarding inventions made during employment
Austrian Employment Contract Law Adaptation Act (Arbeitsvertragsrechts-Anpassungsgesetz - AVRAG): Provides framework for employment contracts and contractual obligations, including provisions about information obligations and transfer of rights
Austrian Data Protection Act (Datenschutzgesetz - DSG): Regulates the handling of confidential information and personal data, crucial for confidentiality provisions in the agreement
Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch - ABGB): Provides general contract law provisions and basic principles for employment relationships, particularly §§ 1151-1164
Austrian Copyright Act (Urheberrechtsgesetz): Relevant for intellectual property rights in creative works and software developed by employees
Austrian Act Against Unfair Competition (Bundesgesetz gegen den unlauteren Wettbewerb - UWG): Governs trade secrets protection and non-compete provisions, particularly relevant for confidentiality obligations
EU Trade Secrets Directive Implementation Act (Geschäftsgeheimnis-Gesetz - GeschGeG): Implements EU Trade Secrets Directive into Austrian law, providing framework for protection of trade secrets and confidential information
GDPR (General Data Protection Regulation): EU regulation directly applicable in Austria, relevant for handling personal data and confidentiality obligations related to personal information
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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