The Proprietary Information and Inventions Agreement is a crucial document used in Nigerian business relationships where employees or contractors may have access to sensitive information or create intellectual property during their engagement. This agreement is particularly important in Nigeria's growing technology and innovation sectors, where protection of intellectual property rights is vital for business success. It combines elements of Nigerian labor law, intellectual property law, and contract law to create a comprehensive framework for protecting company assets. The document should be implemented at the start of any employment or contractual relationship where the individual will have access to confidential information or may develop innovations, inventions, or other intellectual property as part of their role. It is designed to comply with Nigerian legal requirements while providing robust protection for company interests.
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1. Parties: Identifies and defines the contracting parties (typically employer/company and employee/contractor)
2. Background: Sets out the context and purpose of the agreement, including the nature of the relationship between parties
3. Definitions: Defines key terms including 'Confidential Information', 'Intellectual Property', 'Inventions', and other relevant terms
4. Scope of Employment/Engagement: Outlines the nature of the employment or engagement relationship
5. Confidentiality Obligations: Details the obligations regarding confidential information, including use, disclosure, and protection
6. Assignment of Inventions: Establishes the company's ownership of inventions created during employment/engagement
7. Disclosure of Inventions: Requirements for promptly disclosing any inventions to the company
8. Third Party Information: Handling of confidential information belonging to third parties
9. Return of Materials: Requirements for returning company materials upon termination
10. Non-Competition: Restrictions on competing activities during and after employment
11. Term and Termination: Duration of the agreement and termination provisions
12. Remedies: Legal remedies available in case of breach
13. General Provisions: Standard clauses including governing law, severability, and entire agreement
1. Prior Inventions: Section for declaring pre-existing inventions excluded from the agreement
2. Open Source Software: Provisions regarding use and contribution to open source projects, relevant for software development roles
3. Government Rights: Required when work involves government contracts or funding
4. International Transfer of Data: Necessary when operations involve cross-border data transfers
5. Consulting Activities: Provisions for external consulting or advisory activities, if permitted
6. Academic and Publication Rights: For agreements with researchers or academic professionals
7. Moral Rights Waiver: Specific provisions regarding moral rights in creative works
8. Garden Leave: Provisions for paid leave during notice period to protect confidential information
1. Schedule A - Prior Inventions: Detailed list of pre-existing inventions excluded from the agreement
2. Schedule B - Approved Outside Activities: List of pre-approved external activities or commitments
3. Schedule C - Specified Confidential Information: Detailed categorization of types of confidential information covered
4. Schedule D - Third Party Agreements: List of relevant third-party agreements or obligations
5. Appendix 1 - Form of Invention Disclosure: Template for documenting and disclosing new inventions
6. Appendix 2 - Exit Interview Checklist: Checklist for ensuring compliance upon termination
7. Appendix 3 - Acknowledgment Form: Form for periodic acknowledgment of compliance with the agreement
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