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Employees’ Intellectual Property Rights

Employees’ Intellectual Property Rights
Author: Sanna Wolk
Publisher: Kluwer Law International B.V.
Total Pages: 872
Release: 2016-04-24
Genre: Law
ISBN: 9041192654

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In today’s knowledge-based global economy, most inventions are made by employed persons through their employers’ research and development activities. However, methods of establishing rights over an employee’s intellectual property assets are relatively uncertain in the absence of international solutions. Given that increasingly more businesses establish entities in different countries and more employees co-operate across borders, it becomes essential for companies to be able to establish the conditions under which ownership subsists in intellectual property created in employment relationships in various countries. This comparative law publication describes and analyses employers’ acquisition of employees’ intellectual property rights, first in general and then in depth. This second edition of the book considers thirty-four different jurisdictions worldwide. The book was developed within the framework of the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels. Among the issues and topics covered by the forty-nine distinguished contributors are the following: • different approaches in different law systems; • choice of law for contracts; • harmonizing international jurisdiction rules; • conditions for recognition and enforcement of foreign judgments; • employees’ rights in copyright, semiconductor chips, inventions, designs, plant varieties and utility models on a country-by-country basis; • employee remuneration right; • parties’ duty to inform; and • instances for disputes. With its wealth of information on an increasingly important subject for practitioners in every jurisdiction, this book is sure to be put to constant use by corporate lawyers and in-house counsel everywhere. It is also exceptionally valuable as a thorough resource for academics and researchers interested in the international harmonization of intellectual property law.


Research Handbook on Intellectual Property and Employment Law

Research Handbook on Intellectual Property and Employment Law
Author: Bruun, Niklas
Publisher: Edward Elgar Publishing
Total Pages: 424
Release: 2021-07-31
Genre: Law
ISBN: 1782547258

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This comprehensive Research Handbook explores the rights of employers and employees with regard to intellectual property (IP) created within the framework of the employment relationship. Investigating the development of employee IP from a comparative perspective, it contextualises issues in the light of theoretical approaches in both IP law and labour law.


Intellectual Property Rights in Industry-sponsored University Research

Intellectual Property Rights in Industry-sponsored University Research
Author:
Publisher: National Academies
Total Pages: 40
Release: 1993-01-15
Genre: Science
ISBN:

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In 1988, a Roundtable committee, in conjunction with the Industrial Research Institute, developed a set of model agreements to streamline the negotiation process. The intent was that these models would decrease the time and effort needed to develop a research agreement, as well as provide a starting point for companies and universities new to negotiating agreements. In general, the models were well received by the academic and industrial communities. However, one concern, intellectual property rights, continues to pose significant hurdles to successful negotiation. Intellectual Property Rights in Industry-Sponsored University Research: Guide to Alternatives for Research Agreements identifies the contentious issues related to intellectual property rights and develops contract language that makes it easier to negotiate agreements for industry-sponsored university research. This report clarifies issues that cross institutional boundaries when university-industry research agreements are negotiated.


Managing the Legal Nexus Between Intellectual Property and Employees

Managing the Legal Nexus Between Intellectual Property and Employees
Author: Lynda J. Oswald
Publisher: Edward Elgar Publishing
Total Pages: 320
Release: 2015-06-29
Genre: Law
ISBN: 1783479264

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The explosion in intellectual capital coincides with a growing understanding of the importance of human capital to the firm. This book examines the pressing legal issues that arise at the intersections of intellectual property law, employment law, and


Employees' Intellectual Property Rights

Employees' Intellectual Property Rights
Author: Sanna Wolk
Publisher:
Total Pages: 728
Release: 2015
Genre: Intellectual property (International law)
ISBN:

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Working Knowledge

Working Knowledge
Author: Catherine L. Fisk
Publisher: Univ of North Carolina Press
Total Pages: 376
Release: 2009-11-01
Genre: Law
ISBN: 9780807899069

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Skilled workers of the early nineteenth century enjoyed a degree of professional independence because workplace knowledge and technical skill were their "property," or at least their attribute. In most sectors of today's economy, however, it is a foundational and widely accepted truth that businesses retain legal ownership of employee-generated intellectual property. In Working Knowledge, Catherine Fisk chronicles the legal and social transformations that led to the transfer of ownership of employee innovation from labor to management. This deeply contested development was won at the expense of workers' entrepreneurial independence and ultimately, Fisk argues, economic democracy. By reviewing judicial decisions and legal scholarship on all aspects of employee-generated intellectual property and combing the archives of major nineteenth-century intellectual property-producing companies--including DuPont, Rand McNally, and the American Tobacco Company--Fisk makes a highly technical area of law accessible to general readers while also addressing scholarly deficiencies in the histories of labor, intellectual property, and the business of technology.


Employment Law and Intellectual Property Law

Employment Law and Intellectual Property Law
Author: Ann Louise Monotti
Publisher: Edward Elgar Publishing
Total Pages: 0
Release: 2018
Genre: Copyright, Employees'.
ISBN: 9781785366413

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This collection includes twenty-four articles published over a period that spans almost seventy years and is related to the law in three jurisdictions. The volume is divided into five parts and brings together influential and significant scholarly work in this exciting field. The material examines various themes that arise at the points at which employment and intellectual property laws converge: historical perspectives on employee inventions; rationales for default rules; allocation of ownership of employee creation; restraints and employee mobility and discusses university approaches and issues. With an original introduction by the editor, this timely collection will be a valuable source of reference for students, academics and practitioners interested in employment and intellectual property law.


Employment Law and Intellectual Property Law

Employment Law and Intellectual Property Law
Author: Ann Louise Monotti
Publisher:
Total Pages: 928
Release: 2018
Genre: Electronic books
ISBN: 9781785366420

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This research review discusses themes that arise at the points at which employment and intellectual property laws converge. Topics include historical perspectives on employee inventions; rationales for default rules; allocation of ownership of employee creation; restraints and employee mobility and discusses university approaches and issues.--


Trade Secrets and Employee Mobility

Trade Secrets and Employee Mobility
Author: Magdalena Kolasa
Publisher: Cambridge University Press
Total Pages: 411
Release: 2018-02-08
Genre: Business & Economics
ISBN: 1108424228

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A comparative analysis of trade secrets enforcement against ex-employees in the EU and USA, aimed at legislators and practitioners.


Employees, Trade Secrets and Restrictive Covenants

Employees, Trade Secrets and Restrictive Covenants
Author: Christopher Heath
Publisher: Kluwer Law International B.V.
Total Pages: 370
Release: 2016-11-24
Genre: Law
ISBN: 9041183809

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Trade secrets and post-contractual non-compete clauses (restrictive covenants) are intrinsically linked issues when analysed in the context of past and present employment. While trade secrets have been the object of legislation in a number of major jurisdictions during the last couple of years, post-employment restrictive covenants have been left out of such legislative activity. Still, they have come under increasing scrutiny of economists and may well come into legislative focus in the near future. As the chapters of this book highlight in detail, the approach to the protection of trade secrets, the conditions under which an employer can protect trade secrets and other business interests by way of a restrictive covenant, and the scope within which former employees by using the skills and knowledge can compete with a former employer, hugely differ from jurisdiction to jurisdiction. This is not only so for the effective scope, but also for the underlying doctrinal reasons, making a country-by-country comparison difficult, and a common structure of the chapters a challenge. After all, the topic involves international law (Paris Convention, TRIPS), domestic labour law, domestic sui generis protection, and, most importantly, domestic competition and unfair competition law, a field that up to now has defied all attempts of harmonisation beyond those categories as identified by Friedrich Zoll and implemented as Art. 10bis in the Paris Convention. This book features both comparative and country-specific chapters. The latter cover the major jurisdictions of Europe and Asia, while the former provide a subject-matter analysis by taking into account legislation and case law in a global context.