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Assignment of Pre-Employment Works
Clearly transfer ownership of pre-employment intellectual property with this Assignment of Pre-Employment Works Template.
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Assignment of Pre-Employment Works Template
This Assignment of Pre-Employment Works Agreement (“Agreement”) is entered into on [Date], by and between:
Employer:
Name: __________________________
Company: __________________________
Address: __________________________
Employee:
Name: __________________________
Address: __________________________
Collectively referred to as the “Parties.”
1. Background
The Employee has created certain works prior to commencing employment that may be used in the course of their employment with the Employer. The Employer requires assurance that it holds full rights to such works relevant to its business.
2. Description of Works
The Employee represents that they have created the following works prior to employment:
[List and describe works, e.g., software code, designs, inventions]
3. Assignment of Rights
The Employee hereby assigns, transfers, and conveys to the Employer all rights, title, and interest in the Pre-Employment Works, including but not limited to copyrights, patents, trade secrets, and any related intellectual property rights.
4. Representations and Warranties
The Employee represents and warrants that:
They are the sole creator and owner of the Pre-Employment Works.
The works do not infringe upon any third-party intellectual property rights.
They have full authority to assign these rights to the Employer.
5. Confidentiality
The Employee agrees to maintain strict confidentiality regarding the Pre-Employment Works and any proprietary information shared by the Employer.
6. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of [State/Country].
7. Entire Agreement
This document constitutes the entire understanding between the Parties and supersedes any prior agreements regarding the Pre-Employment Works.
8. Signatures
Employer Signature: __________________________ Date: _________
Printed Name & Title: __________________________
Employee Signature: __________________________ Date: _________
Printed Name: __________________________
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Assignment of Pre-Employment Works
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ASSIGNMENT OF PRE-EMPLOYMENT WORKS FAQ
What is an Assignment of Pre-Employment Works?
An Assignment of Pre-Employment Works is a legal agreement where a new employee assigns intellectual property (IP) rights to an employer for any relevant works they created before starting employment, ensuring the company has full ownership of those works.
Why is this agreement important?
It protects the employer from disputes over intellectual property ownership, particularly when the employee’s prior works are incorporated into company projects. It also ensures clear boundaries between personal and company IP.
When should you use this agreement?
Use this agreement during the hiring process, preferably before the employee begins work, especially in roles involving software development, design, inventions, or other creative outputs.
What should the agreement include?
It should describe the works being assigned, outline the rights transferred, include representations by the employee, and specify that the assignment covers all related intellectual property protections.
Is this agreement different from a standard employment IP agreement?
Yes. While a typical employment agreement assigns future works created during employment, this document specifically covers pre-employment works to prevent ambiguity or disputes.
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