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Proprietary Information And Inventions Assignment Agreement

Proprietary Information And Inventions Assignment Agreement Template for Switzerland

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Key Requirements PROMPT example:

Proprietary Information And Inventions Assignment Agreement

"I need a Proprietary Information And Inventions Assignment Agreement under Swiss law for our biotech startup, which will be used for new research scientists and developers who will be working on novel drug delivery systems and having access to sensitive research data."

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Document background
The Proprietary Information And Inventions Assignment Agreement is essential for companies operating in Switzerland who wish to protect their intellectual property rights and confidential information while ensuring clear ownership of new inventions. This document is typically used when onboarding new employees, contractors, or consultants who will have access to sensitive information or may create intellectual property during their engagement. It encompasses provisions compliant with Swiss law regarding invention assignment rights, confidentiality obligations, and data protection requirements. The agreement is particularly crucial for technology companies, research institutions, and innovative businesses where intellectual property protection is vital. It helps prevent disputes over ownership of inventions and establishes clear protocols for handling confidential information while adhering to Swiss legal requirements for employee rights and invention compensation.
Suggested Sections

1. Parties: Identification of the company and the individual/employee entering into the agreement

2. Background: Context of the agreement, relationship between parties, and purpose

3. Definitions: Definitions of key terms including Confidential Information, Intellectual Property, Inventions, and Company Materials

4. Confidential Information: Scope of confidential information, obligations regarding confidentiality, and permitted uses

5. Assignment of Inventions: Terms of assignment of inventions, developments, and improvements created during employment

6. Disclosure Obligations: Requirements to disclose inventions and maintain records

7. Third Party Information: Handling of third-party confidential information and prior obligations

8. Return of Materials: Obligations regarding return of company materials and confidential information

9. Duration and Survival: Term of obligations and provisions that survive termination

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

Optional Sections

1. Non-Competition: Optional restrictions on competitive activities, subject to Swiss law limitations on non-compete clauses

2. Non-Solicitation: Restrictions on soliciting employees or customers, if applicable to the role

3. Special Compensation: Additional compensation for assigned inventions, if applicable under Swiss law

4. Prior Inventions: Section for excluding pre-existing inventions, if the employee has relevant prior IP

5. Data Protection: Specific provisions regarding personal data handling, if the role involves significant data processing

6. Export Control: Provisions regarding export control regulations, if dealing with controlled technology

7. Source Code Protection: Special provisions for software developers regarding source code and development tools

Suggested Schedules

1. Schedule A - Prior Inventions: List of employee's pre-existing inventions excluded from assignment

2. Schedule B - Specified Confidential Information: Detailed categorization of types of confidential information covered

3. Schedule C - Third Party Agreements: List of relevant third-party agreements or obligations

4. Appendix 1 - Invention Disclosure Form: Template for documenting and disclosing new inventions

5. Appendix 2 - Exit Certification: Form confirming compliance with return of materials 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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Company
Confidential Information
Intellectual Property Rights
Inventions
Prior Inventions
Company Materials
Work Product
Proprietary Rights
Trade Secrets
Technical Information
Background Technology
Developments
Services
Employment Period
Effective Date
Third Party Information
Personal Data
Source Code
Documentation
Technical Data
Know-How
Business Information
Customer Information
Research Data
Development Tools
Derivative Works
Competitive Business
Excluded Inventions
Moral Rights
Relevant Industries

Technology

Biotechnology

Pharmaceutical

Manufacturing

Research and Development

Software Development

Electronics

Medical Devices

Chemical Industry

Telecommunications

Artificial Intelligence

Financial Services

Professional Services

Industrial Design

Engineering

Relevant Teams

Research & Development

Engineering

Product Development

Innovation

Technical Operations

Data Science

Design

Information Technology

Software Development

Hardware Development

Artificial Intelligence

Intellectual Property

Legal

Human Resources

Relevant Roles

Software Engineer

Research Scientist

Product Developer

Technical Architect

R&D Manager

Chief Technology Officer

Innovation Manager

Product Manager

Data Scientist

Systems Engineer

Industrial Designer

Biotechnology Researcher

Principal Engineer

Development Lead

Research Director

Technical Consultant

Algorithm Developer

Hardware Engineer

Industries
Swiss Code of Obligations (OR/CO): Primary source of contract and employment law in Switzerland, particularly Articles 319-343 governing employment contracts and Article 340 regarding non-compete clauses
Swiss Federal Act on Patents for Inventions: Governs patent rights and employee inventions, particularly Article 332 regarding inventions and designs created in the course of employment
Swiss Federal Act on Copyright and Related Rights: Regulates copyright protection and ownership of works created during employment
Swiss Federal Act on Data Protection (FADP): Governs the handling and protection of personal and confidential data, including in employment relationships
Swiss Federal Act on Cartels and Other Restraints of Competition: Relevant for provisions regarding trade secrets and competitive restrictions
Swiss Federal Act on the Protection of Trade Secrets: Provides framework for protecting confidential business information and trade secrets
Swiss Civil Code: Contains fundamental principles of Swiss law, including personality rights that might affect confidentiality obligations
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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