The Employee Intellectual Property Agreement is a crucial document for businesses operating in South Africa where employees are involved in creating, developing, or working with intellectual property. This agreement is designed to comply with South African intellectual property and employment laws, including the Patents Act 57 of 1978, Copyright Act 98 of 1978, and Labour Relations Act 66 of 1995. It should be implemented at the start of employment or when an employee moves into a role involving IP creation. The agreement covers various forms of intellectual property including patents, copyrights, designs, trade secrets, and know-how, establishing clear ownership rights and protection mechanisms for employer-owned IP while respecting employee rights under South African law.

1. Parties: Identification of the employer and employee, including their full details and capacities

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

3. Definitions: Detailed definitions of terms including different types of IP, Confidential Information, Works, Inventions, etc.

4. Scope of Employment: Description of employee's role and duties relating to IP creation

5. IP Ownership: Clear statement of employer's ownership of IP created during employment

6. Assignment of Rights: Express assignment of all IP rights from employee to employer

7. Employee Obligations: Specific duties regarding IP creation, documentation, and disclosure

8. Confidentiality: Obligations regarding confidential information and trade secrets

9. Moral Rights: Handling of moral rights in copyrighted works

10. Non-Competition: Restrictions on competing activities related to IP

11. Assistance with IP Protection: Employee's obligations to assist with IP registration and protection

12. Term and Survival: Duration of obligations and which provisions survive employment termination

13. Breach and Remedies: Consequences of breach and available remedies

14. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement