Advice needed on Heirs and Assigns clause in employment agreement

Visas, Permits, Passports and Naturalization
1
Hello All,

I am currently in the process of finalising an employment agreement with a prospective employer.

As part of the the annexures, there is a document - AGREEMENT FOR ASSIGNMENT OF INVENTIONS, COVENANT AGAINST DISCLOSURE AND AGREEMENT NOT TO COMPETE.

This document covers details around IP Rights, assignment of IP, non-disclosure, non-compete, and non-solicitation of employees during and after the employment. At the end of the document, there is the following clause -

Entire Agreement : This Agreement shall inure to the benefit of and be binding upon my heirs, executors, administrators, and assigns and the successors and assigns of .

The part 'binding upon my heirs, executors, administrators' seems excessive to me and I am not sure of the intent and applicability of this clause. After a discussion with them, they have now mentioned that the standard clause and cannot be modified.

Would like to hear the views from the folks here on the applicability and whether this is a standard clause in employment agreements.

2
It sounds like the IP doesn't belong to your heirs either and they'll have no claim on your efforts. Which isn't unreasonable. But unnecessary, I would have thought.

3
I agree with the previous poster - the intention is to make it absolutely clear that any IP that you create remains with the company. In the event that you die and your heirs stumble across your notebooks of innovations that you created on company time, they may not do anything with them.

This feels a little over-zealous and like it's been drafted by an American lawyer rather than a Swiss one, but the fact that it's explicit makes no difference in terms of the actual application of the law. The IP rights were never yours, so they are not part of your estate to pass to your heirs.

I wouldn't put up too much of a fight about this. Besides, by the time it becomes enforceable, you'll be dead and it'll be someone else's problem.

General Contract Clauses: Successors and Assigns&firstPage=true)

4
Thanks, this helps and makes me more comfortable. Agree that it is probably unnecessary