Employee Assignment Agreement for Canada

Employee Assignment Agreement Template for Canada

A comprehensive legal agreement governed by Canadian law that establishes the terms and conditions under which an employee assigns all intellectual property rights, innovations, and work products created during their employment to their employer. This document ensures compliance with Canadian federal and provincial employment and intellectual property laws while protecting the employer's interests in employee-created intellectual property. It covers various aspects including invention assignments, copyright transfers, confidentiality obligations, and the process for disclosure of new intellectual property.

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What is a Employee Assignment Agreement?

The Employee Assignment Agreement is a crucial document used in Canadian employment relationships where employees may create intellectual property during their employment. This agreement is particularly important in industries involving innovation, creative work, or technical development. It establishes clear ownership rights over employee-created intellectual property, protecting the employer's interests while ensuring compliance with Canadian federal and provincial laws. The document typically includes provisions for assignment of rights, confidentiality obligations, disclosure requirements, and ongoing cooperation in protecting intellectual property. It's essential for companies investing in research, development, or creative work to have this agreement in place before employees begin their work.

What sections should be included in a Employee Assignment 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 assignment agreement

3. Definitions: Key terms used throughout the agreement, including 'Intellectual Property', 'Confidential Information', and 'Work Product'

4. Scope of Employment: Description of employee's role, responsibilities, and relationship with the employer

5. Assignment of Rights: Core provisions regarding the assignment of intellectual property and work product created during employment

6. Disclosure Obligations: Employee's obligations to disclose all inventions, works, and other intellectual property created during employment

7. Confidentiality: Provisions protecting company's confidential information and trade secrets

8. Further Assurances: Employee's commitment to assist with IP protection and enforcement after assignment

9. Warranties and Representations: Employee's confirmation of authority to assign and absence of third-party claims

10. Survival: Provisions that continue after employment termination

11. General Provisions: Standard contractual terms including governing law, amendments, and severability

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

1. Moral Rights Waiver: Specific waiver of moral rights in copyright works, particularly relevant for creative industries

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

3. Third Party Rights: Provisions addressing any third-party rights or licenses, needed when work involves external collaborations

4. International Rights: Additional provisions for protection in other jurisdictions, used when company operates internationally

5. Specific Industry Compliance: Industry-specific requirements and compliance provisions, needed for regulated industries

6. Non-Competition: Restrictions on competitive activities, used when protecting market position is crucial

7. Assignment Compensation: Specific compensation terms for IP assignment, used when separate from regular salary

What schedules should be included in a Employee Assignment Agreement?

1. Schedule A - Prior Inventions: Detailed list of employee's pre-existing intellectual property excluded from the assignment

2. Schedule B - Specific Assigned Works: Comprehensive list of specific works, inventions, or projects covered by the assignment

3. Schedule C - Form of Assignment: Template for formal assignment documents for specific works or inventions

4. Schedule D - Compensation Details: Specific terms of any additional compensation for assigned rights, if applicable

5. Appendix 1 - Confidential Information Categories: Detailed classification of types of confidential information covered by the agreement

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

Jurisdiction

Canada

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Relevant Industries

Technology

Biotechnology

Pharmaceutical

Research and Development

Software Development

Creative Industries

Manufacturing

Engineering

Consulting

Media and Entertainment

Education and Research

Healthcare

Financial Services

Telecommunications

Relevant Teams

Human Resources

Legal

Research & Development

Engineering

Product Development

Design

Innovation

Technical Operations

Creative Services

Intellectual Property

Information Technology

Scientific Operations

Content Creation

Relevant Roles

Software Developer

Research Scientist

Product Designer

Engineer

Creative Director

Content Creator

Technical Writer

Data Scientist

UX Designer

Innovation Manager

Research Associate

Laboratory Technician

Product Manager

Graphic Designer

Industrial Designer

Chief Technology Officer

Research Director

Development Engineer

AI Specialist

Biotechnology Researcher

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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