Employee Proprietary Information Agreement Template for Australia

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Key Requirements PROMPT example:

Employee Proprietary Information Agreement

"I need an Employee Proprietary Information Agreement under Australian law for a technology startup, with strong protection for software intellectual property and specific provisions for employees working remotely across different Australian states."

Document background

The Employee Proprietary Information Agreement is a fundamental document used in Australian employment relationships to protect a company's intellectual property, confidential information, and trade secrets. It should be implemented at the start of employment or when an employee gains access to sensitive information. The agreement covers various aspects including confidentiality obligations, intellectual property assignment, invention disclosure requirements, and post-employment obligations. It must comply with Australian federal legislation while balancing employer protection with employee rights. This document is particularly crucial in today's knowledge-based economy where intellectual property and confidential information are key business assets. The agreement should be regularly reviewed and updated to ensure it remains current with changing business needs and legal requirements.

Suggested Sections

1. Parties: Identifies the employer and employee entering into the agreement

2. Background: Sets out the context of the agreement, including the employee's role and the nature of the company's proprietary information

3. Definitions: Defines key terms including Confidential Information, Intellectual Property, Inventions, and Proprietary Information

4. Confidentiality Obligations: Details the employee's obligations regarding confidential information, including use restrictions and security measures

5. Intellectual Property Rights: Establishes ownership and assignment of IP created during employment

6. Invention Assignment: Covers assignment of inventions and innovations developed during employment

7. Return of Company Property: Requirements for returning company materials and information upon termination

8. Non-Disclosure Period: Specifies the duration of confidentiality obligations post-employment

9. Breach and Remedies: Outlines consequences of breach and available remedies

10. General Provisions: Standard clauses including governing law, severability, and entire agreement

Optional Sections

1. Third Party Information: Addresses handling of confidential information belonging to third parties, used when employee may access client or partner data

2. Open Source Software: Specific provisions for technology companies regarding use and contribution to open source projects

3. Data Protection: Additional privacy and data protection obligations, particularly relevant for roles handling personal information

4. Export Control: Restrictions on international transfer of technical data, relevant for companies with international operations

5. Conflict of Interest: Provisions regarding outside activities and competing interests, important for senior roles

6. Remote Work Provisions: Special considerations for handling confidential information while working remotely

Suggested Schedules

1. Schedule A - Excluded Inventions: List of pre-existing inventions owned by the employee that are excluded from the agreement

2. Schedule B - Confidential Information Categories: Detailed categorization of company confidential information covered by the agreement

3. Schedule C - Security Procedures: Specific procedures for handling and protecting confidential information

4. Appendix 1 - Acknowledgment Form: Form for employee to acknowledge receipt and understanding of the agreement

5. Appendix 2 - Exit Procedures: Checklist and procedures for returning company information upon termination

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology

Healthcare

Financial Services

Professional Services

Manufacturing

Research and Development

Biotechnology

Media and Entertainment

Telecommunications

Consulting

Education

Defense

Relevant Teams

Research & Development

Information Technology

Product Development

Executive Leadership

Human Resources

Legal

Marketing

Sales

Operations

Finance

Engineering

Content Creation

Data Science

Customer Support

Quality Assurance

Relevant Roles

Software Developer

Research Scientist

Product Manager

Chief Technology Officer

Data Analyst

Design Engineer

Marketing Director

Financial Analyst

Human Resources Manager

Business Development Manager

Project Manager

Content Creator

Systems Administrator

Executive Officer

Research Assistant

Legal Counsel

Sales Director

Operations Manager

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Authors

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