A Severance & Employment Separation Agreement formalizes the terms of an employee‚ exit and related payments. This playbook emphasizes release language, confidentiality, and non-disparagement clauses.
Why This Matters: Clear IP ownership prevents future disputes, secures proprietary assets, and ensures freedom-to-operate for products and services.
Negotiation strategy
If you're the Company:
Ensure all intellectual property created during the engagement is assigned to the company. Include a waiver of moral rights to allow unrestricted use and modification.
If you're the Employee:
Negotiate for a non-exclusive license to use the works for personal portfolio purposes and ensure moral rights are respected where possible.
Essential elements
1
IP Assignment
Assigns IP rights to the company.
2
Moral Rights Waiver
Waives moral rights for unrestricted use.
3
License Back
Allows contractor personal use.
Action framework
ACCEPT
Propose edits if the clause does not include a waiver of moral rights or a license back to the contractor.
EDIT
Reject if the clause fails to assign all IP rights to the company.
ADD
Add language for jurisdiction-specific moral rights compliance.
PRO TIP
Always consult local legal experts for jurisdiction-specific IP and moral rights requirements.
Example clauses
FAVORABLE
Preferred Clause
"The Contractor hereby assigns to the Company all rights, title, and interest in any intellectual property created during the engagement. The Contractor waives all moral rights in such works, allowing the Company unrestricted use and modification. The Contractor retains a non-exclusive license to use the works for personal portfolio purposes."
NEUTRAL
Fallback Clause
"The Contractor agrees to assign all intellectual property rights to the Company, subject to a mutual agreement on moral rights and licensing terms."
UNFAVORABLE
Incomplete Assignment
"The Contractor retains certain rights to the intellectual property created during the engagement, which may limit the Company's use."
Fallbacks
High-Risk Projects
In high-risk projects, ensure IP clauses are robust to protect significant investments and innovations.
International Engagements
Consider jurisdiction-specific IP laws and moral rights when engaging international contractors.
Short-Term Contracts
For short-term contracts, streamline IP clauses to focus on essential rights and waivers.
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WEEK 1
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Our CX team works with you to understand your contracting challenges, prioritize key workflows, and identify the biggest impact areas. We build a tailored implementation plan that fits your needs.
WEEK 2
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WEEK 3
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Your team builds initial playbooks, reviews existing clause libraries, and trains the DocJuris agent to align with your internal standards and negotiation positions.
WEEK 4
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DocJuris is not a law firm or a substitute for an attorney or law firm. We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options,selection of forms or strategies.