Proprietary Information And Inventions Agreement for Hong Kong

Proprietary Information And Inventions Agreement Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that establishes and protects an organization's rights to intellectual property and confidential information created or accessed by employees or contractors. The document ensures that all innovations, inventions, and proprietary information developed during the course of employment or engagement are properly assigned to the company, while also establishing clear confidentiality obligations. It incorporates specific provisions compliant with Hong Kong's intellectual property laws, employment regulations, and data protection requirements, providing robust protection for company assets while balancing the rights of all parties involved.

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What is a Proprietary Information And Inventions Agreement?

The Proprietary Information And Inventions Agreement is essential for companies operating in Hong Kong who need to protect their intellectual property rights and confidential information. This document should be implemented at the start of any employment or contractual relationship where the individual will have access to sensitive information or may develop intellectual property in the course of their work. It ensures compliance with Hong Kong's legal framework, including the Patents Ordinance, Copyright Ordinance, and Personal Data (Privacy) Ordinance. The agreement covers crucial areas such as invention assignment, confidentiality obligations, and intellectual property rights, providing companies with necessary protections while clearly defining employees' obligations regarding company innovations and proprietary information.

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

1. Parties: Identifies the company and the employee/contractor who are entering into the agreement

2. Background: Explains the context of the agreement and the relationship between the parties

3. Definitions: Defines key terms including Confidential Information, Intellectual Property Rights, Inventions, and Prior Inventions

4. Confidentiality Obligations: Details the obligations regarding non-disclosure, protection, and use of confidential information

5. Assignment of Intellectual Property: Covers the assignment of all IP rights created during employment/engagement to the company

6. Invention Disclosure: Requirements for promptly disclosing all inventions to the company

7. Assistance with IP Protection: Employee's obligations to assist with patent applications and IP protection

8. Return of Materials: Requirements for returning company materials and confidential information

9. Non-Competition: Restrictions on competing activities during employment/engagement

10. Duration and Survival: Period of obligations and which provisions survive termination

11. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement

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

1. Third Party Information: Additional provisions for handling confidential information from third parties, used when the employee may have access to client or partner confidential information

2. Academic and Publication Rights: Used for research-focused roles where the employee may need to publish or present findings

3. Open Source Software: Special provisions for software development roles dealing with open source components

4. Government Rights: Required when work involves government contracts or funding

5. Moral Rights Waiver: Additional provisions for creative works where moral rights need to be addressed

6. Consultancy Provisions: Special provisions for consultant relationships rather than employment

7. Prior Employer Restrictions: Acknowledgments regarding restrictions from previous employment

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

1. Schedule 1 - Prior Inventions: List of pre-existing inventions excluded from assignment to the company

2. Schedule 2 - Excluded Inventions: List of specific inventions or types of inventions excluded from the agreement

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

4. Schedule 4 - Approved Outside Activities: List of pre-approved external activities or commitments

5. Appendix A - Confidential Information Categories: Detailed categorization of types of confidential information covered

6. Appendix B - IP Assignment Procedures: Specific procedures for implementing IP assignments

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

Hong Kong

Publisher

Genie AI

Cost

Free to use
Relevant Industries

Technology

Biotechnology

Pharmaceuticals

Financial Services

Professional Services

Manufacturing

Research & Development

Software Development

Electronics

Telecommunications

Media & Entertainment

Healthcare

Engineering

Artificial Intelligence

Data Analytics

Relevant Teams

Research & Development

Engineering

Product Development

Innovation

Design

Technical Operations

Software Development

Data Science

Artificial Intelligence

Information Technology

Laboratory Operations

Industrial Design

Systems Architecture

Quality Assurance

Intellectual Property

Relevant Roles

Software Engineer

Research Scientist

Product Manager

Data Scientist

Systems Architect

Design Engineer

Technical Lead

R&D Manager

Chief Technology Officer

Innovation Director

Product Developer

Research Associate

Laboratory Manager

Algorithm Engineer

UI/UX Designer

Industrial Designer

Biotechnology Researcher

AI Engineer

Machine Learning Engineer

Technical Consultant

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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