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Employee Intellectual Property Assignment Agreement

Employee Intellectual Property Assignment Agreement Template for Malaysia

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Key Requirements PROMPT example:

Employee Intellectual Property Assignment Agreement

"I need an Employee Intellectual Property Assignment Agreement for a Malaysian tech startup that develops AI software, with strong provisions for protecting source code and algorithms, and special attention to open-source software usage."

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Document background
The Employee Intellectual Property Assignment Agreement is essential for organizations operating in Malaysia that engage in innovation, creative work, or technical development. This document serves as a crucial legal framework for protecting a company's intellectual property rights by ensuring that all IP created by employees during their employment is properly assigned to the employer. It is particularly important in the Malaysian context, where intellectual property rights are governed by multiple statutes including the Patents Act 1983 and Copyright Act 1987. The agreement should be implemented at the start of employment and covers various aspects including invention disclosure requirements, assignment procedures, and confidentiality obligations. It helps prevent future disputes over IP ownership and provides clear guidelines for both employers and employees regarding their rights and obligations concerning intellectual property created during the employment relationship.
Suggested Sections

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

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

3. Definitions: Definitions of key terms including Intellectual Property Rights, Works, Inventions, Confidential Information, and other relevant terms

4. Scope of Employment: Description of employee's role and responsibilities relevant to IP creation

5. Assignment of Rights: Core provisions assigning all IP created during employment to the employer

6. Disclosure Obligations: Employee's obligations to disclose all inventions, works, and improvements

7. Assistance and Documentation: Employee's obligations to help secure and protect IP rights

8. Moral Rights: Waiver or assignment of moral rights where permitted by law

9. Confidentiality Obligations: Protection of confidential information and trade secrets

10. Return of Materials: Obligation to return all IP-related materials upon employment termination

11. Warranties and Representations: Employee's warranties regarding originality and non-infringement

12. Duration and Survival: Term of the agreement and provisions that survive employment termination

13. Governing Law and Jurisdiction: Malaysian law as governing law and jurisdiction for disputes

14. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

Optional Sections

1. Pre-existing IP: Section excluding employee's pre-existing IP from assignment, used when employee brings significant prior IP

2. Third Party Rights: Provisions dealing with third-party IP rights, used in collaborative environments

3. Open Source Software: Special provisions for handling open source software, relevant for software development roles

4. Publication Rights: Provisions regarding academic or technical publications, relevant for research positions

5. Compensation: Special compensation for inventions or innovations, used in research-heavy roles

6. International Rights: Additional provisions for international IP protection, used when operating globally

7. Competition Restrictions: Non-compete and non-solicitation provisions, used for senior roles

8. Industry-Specific Provisions: Special provisions for regulated industries like biotech or financial services

Suggested Schedules

1. Schedule 1 - Pre-existing IP: List of employee's pre-existing IP excluded from the assignment

2. Schedule 2 - Disclosure Form: Standard form for disclosing new inventions or works

3. Schedule 3 - IP Processing Procedures: Procedures for documenting and processing new IP

4. Schedule 4 - Approved Third-Party Commitments: List of approved external projects or commitments

5. Schedule 5 - Categories of Confidential Information: Detailed categorization of confidential information

6. Appendix A - Assignment Deed Template: Template for executing specific assignments of IP rights

7. Appendix B - Invention Record Template: Standard template for recording invention details

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Intellectual Property Rights
Works
Inventions
Confidential Information
Company
Employee
Employment Period
Assignment
Background IP
Moral Rights
Trade Secrets
Documentation
Effective Date
Improvements
Created Works
Proprietary Rights
Technical Information
Know-How
Research Results
Development Work
Materials
Industrial Design
Patent Rights
Copyright Works
Trademark Rights
Trade Names
Disclosure
Intellectual Property Assignment
Commercial Rights
Business Records
Confidentiality Obligations
Employment Duties
Governing Law
Jurisdiction
Malaysian Law
Prior Works
Related Rights
Software
Source Code
Specifications
Technical Documentation
Work Product
Relevant Industries

Technology

Biotechnology

Pharmaceuticals

Research and Development

Manufacturing

Software Development

Creative Industries

Media and Entertainment

Engineering

Healthcare

Education

Financial Services

Telecommunications

Artificial Intelligence

Consulting

Relevant Teams

Research & Development

Engineering

Product Development

Design

Innovation

Creative Services

Technical Writing

Software Development

Data Science

Artificial Intelligence

User Experience

Content Creation

Solutions Architecture

Systems Engineering

Legal

Human Resources

Relevant Roles

Software Engineer

Research Scientist

Product Developer

Graphic Designer

Content Creator

Technical Writer

R&D Engineer

Data Scientist

AI Engineer

UX Designer

Industrial Designer

Biotechnology Researcher

Innovation Manager

Chief Technology Officer

Product Manager

Research Director

Solutions Architect

Systems Engineer

Creative Director

Algorithm Developer

Industries
Patents Act 1983: Governs the protection of inventions and patent rights in Malaysia, including employee inventions made during the course of employment
Copyright Act 1987: Regulates copyright protection and ownership of works created by employees during employment, including software, literary, musical, and artistic works
Industrial Designs Act 1996: Covers the protection of industrial designs created by employees during their employment
Trade Marks Act 2019: Provides framework for trademark protection and ownership, relevant for employee-created brands or marks
Contracts Act 1950: Establishes the fundamental principles of contract law in Malaysia, ensuring the agreement is legally binding and enforceable
Employment Act 1955: Sets out basic employment rights and obligations in Peninsular Malaysia, relevant for employment relationships and terms
Personal Data Protection Act 2010: Regulates the collection and handling of personal data, important for confidentiality provisions and data protection obligations
Competition Act 2010: Relevant for non-compete clauses and restrictions on employee activities post-employment
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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