The Employee Intellectual Property Agreement is a crucial document for companies operating in Indonesia who wish to protect their intellectual property rights in relation to employee-created works and innovations. This agreement should be implemented at the start of employment for any employee who may create, develop, or have access to intellectual property during their employment. The document ensures compliance with Indonesian intellectual property laws, including Law No. 13 of 2016 on Patents, Law No. 28 of 2014 on Copyright, and Law No. 30 of 2000 on Trade Secrets. It clearly establishes the company's ownership of employee-created IP, sets forth confidentiality obligations, and provides mechanisms for IP protection and enforcement. The agreement is particularly important in technology, research, and creative sectors where intellectual property is a key business asset.
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1. Parties: Identification of the employer and employee, including complete legal names and addresses
2. Background: Context of the agreement, employment relationship, and purpose of the IP agreement
3. Definitions: Detailed definitions of key terms including Intellectual Property, Confidential Information, Work Product, Prior Inventions, etc.
4. Scope of Employment: Description of employee's role and general duties that may result in IP creation
5. Assignment of Rights: Clear assignment of all IP rights created during employment to the employer
6. Work Made for Hire: Specification that all works created within employment scope are owned by employer
7. Disclosure Obligations: Employee's obligation to promptly disclose all inventions and works created
8. Confidentiality Obligations: Requirements for maintaining confidentiality of company IP and trade secrets
9. Employee Warranties: Employee's confirmation of right to enter agreement and no conflicting obligations
10. Assistance in Protection: Employee's obligation to assist in IP registration and protection
11. Return of Materials: Obligation to return all IP-related materials upon employment termination
12. Duration and Survival: Term of agreement and which provisions survive employment termination
13. Governing Law: Specification of Indonesian law as governing law and jurisdiction
14. General Provisions: Standard clauses including amendments, severability, and entire agreement
1. Prior Inventions: Section for employees to list and retain rights to pre-existing IP, used when employee has significant prior innovations
2. Non-Competition: Restrictions on competitive activities, used when employee has access to sensitive IP
3. Academic and Publication Rights: Special provisions for research or academic-focused roles allowing limited publication rights
4. Revenue Sharing: Provisions for sharing revenue from commercialized inventions, used for research or technical positions
5. Third Party IP: Provisions regarding use of third-party IP, important for roles involving external collaboration
6. Open Source Software: Special provisions for software developers regarding use and contribution to open source projects
7. International Rights: Additional provisions for IP protection in multiple jurisdictions, used for multinational companies
1. Schedule A - Prior Inventions: Detailed list of employee's pre-existing IP rights and inventions
2. Schedule B - Specific Projects: List of specific projects or works the employee will be involved in
3. Schedule C - Excluded Inventions: List of specific inventions or works excluded from the agreement
4. Appendix 1 - IP Assignment Form: Standard form for documenting specific IP assignments
5. Appendix 2 - Invention Disclosure Form: Template for employees to disclose new inventions
6. Appendix 3 - Confidential Information Categories: Detailed categorization of company's confidential information
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