The Proprietary Information And Invention Assignment Agreement is a crucial document used when engaging employees, contractors, or consultants who will have access to confidential information or may create intellectual property during their engagement. This agreement, governed by Indonesian law, serves to protect the company's intellectual property rights and maintain the confidentiality of its proprietary information. It is particularly important in the Indonesian context, where intellectual property protection must comply with specific local regulations such as Law No. 13 of 2016 on Patents and Law No. 30 of 2000 on Trade Secrets. The agreement should be implemented at the start of any employment or engagement relationship where the individual may have access to sensitive information or create intellectual property in the course of their work. It includes comprehensive provisions for invention assignment, confidentiality obligations, and the protection of company intellectual assets.
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1. Parties: Identifies the company and the individual (employee/contractor) entering into the agreement
2. Background: Sets out the context of the agreement and the parties' relationship
3. Definitions: Defines key terms used throughout the agreement, including 'Proprietary Information,' 'Inventions,' 'Intellectual Property Rights,' etc.
4. Relationship to the Company: Describes the nature of the relationship between the individual and the company
5. Proprietary Information: Details what constitutes proprietary information and the obligations to maintain its confidentiality
6. Assignment of Inventions: Covers the assignment of inventions, developments, and improvements created during the engagement
7. Excluded Inventions: Addresses inventions explicitly excluded from the assignment obligations
8. Protection of Proprietary Information: Specifies measures required to protect confidential information
9. Return of Company Materials: Requirements for returning company materials upon termination
10. Non-Competition and Non-Solicitation: Restrictions on competitive activities and solicitation of employees/customers
11. Term and Termination: Duration of the agreement and termination provisions
12. Remedies: Legal remedies available in case of breach
13. General Provisions: Standard clauses including governing law, severability, and entire agreement
1. Prior Inventions: Section for listing pre-existing inventions owned by the individual, used when the individual has relevant prior inventions
2. Third Party Information: Addresses handling of third-party confidential information, needed when the individual has access to such information
3. Government Contracts: Special provisions for work related to government contracts, required when company has government contracts
4. Open Source Software: Provisions regarding use and contribution to open source software, relevant for software development roles
5. International Rights: Additional provisions for international IP protection, needed when company operates internationally
6. Consulting Projects: Special provisions for external consulting work, applicable for employees permitted to undertake consulting
7. Academic and Publication Rights: Provisions regarding academic research and publication rights, relevant for research-focused roles
1. Schedule A - Prior Inventions: Detailed list of individual's prior inventions excluded from assignment
2. Schedule B - Excluded Inventions: Template for documenting inventions excluded from the agreement
3. Schedule C - Exit Certificate: Form to be signed upon termination confirming compliance with agreement obligations
4. Schedule D - Invention Disclosure Form: Template for documenting and disclosing new inventions to the company
5. Schedule E - Approved Activities: List of pre-approved external activities or commitments
6. Appendix 1 - Confidentiality Guidelines: Detailed guidelines for handling confidential information
7. Appendix 2 - IP Assignment Procedures: Procedures for documenting and assigning new intellectual property
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