Employee IP Assignment Agreement Template for Philippines

The Employee IP Assignment Agreement is essential for businesses operating in the Philippines that seek to protect their intellectual property rights. This document should be implemented at the start of employment relationships where employees may create, develop, or contribute to intellectual property during their employment. The agreement ensures compliance with the Intellectual Property Code of the Philippines (Republic Act No. 8293) and the Philippine Labor Code, while establishing clear ownership rights over employee-created IP. It is particularly crucial for companies in technology, research, creative industries, and other sectors where intellectual property is regularly generated. The document typically covers all forms of IP including inventions, software, designs, creative works, and confidential information, providing mechanisms for disclosure, assignment, and protection of these assets.

1. Parties: Identifies the employer and employee, including their complete legal names and addresses

2. Background: Establishes the context of the employment relationship and the purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement, including 'Intellectual Property', 'Works', 'Inventions', and 'Confidential Information'

4. Scope of Employment: Describes the employee's role and responsibilities related to creating intellectual property

5. Assignment of Rights: Core section detailing the transfer of all IP rights from employee to employer

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

7. Assistance and Cooperation: Employee's obligation to help secure and protect IP rights, including signing additional documents

8. Moral Rights: Handling of moral rights under Philippine IP law, including waiver where permissible

9. Confidentiality: Obligations regarding confidential information and trade secrets

10. Return of Materials: Requirements for returning all IP-related materials upon employment termination

11. Term and Survival: Duration of the agreement and which provisions survive employment termination

12. Governing Law: Specifies Philippine law as governing law and jurisdiction for disputes