About this document:
When hiring an employee or independent contractor/developer, use this template to get a signed declaration to protect an Intellectual Property already existing or planned for development with the help of employee/contractor/developer. Signing of an Agreement confirms acceptance (of the terms) by the employees / independent contractors/developers and carries legal significance.
The document has been designed in a first person declaration format and is fit to be used to address peculiar situations where mostly commercial-use Intellectual Properties are to be created or are subject to sharing of information with employees or independent contractors by parties who developed and own it.
This document has a multiple use possibility and you can simply change the name of the employee/independent contractor by retaining the format in your computer/file to use again and again….
There are no specific legal provisions that govern a legal document of this nature; you still have the liberty to make alterations and additions that exactly suit your situation or the case to the extent of changing certain factual terms and conditions. The document can be altered to use in completely different circumstances even in jurisdictions outside India.
Who will use this document?
An owner of an Intellectual Property, hiring an employee or independent contractor, and seeking protection of Intellectual Property from further disclosure.
Key features:
· very flexible to suit the requirements of both parties; employer however, gets max protection;
· provides a complete framework;
· protects both sides;
· Very detailed definitions of proprietary rights, inventions and ideas; confidential information;
· detailed explanatory notes that help appropriate use and execution;
This document includes provisions for:
· appropriate legal provisions - warranties, exclusions, indemnities, etc.
· Protection of Confidential information;
· Third party information;
· Maintenance of records;
· Competitive activity;
· Prior actions and knowledge;
· Agreement to perform necessary acts;
· Representations and Warranties;
· jurisdiction;
· practical terms that protect parties from future disputes;
