Employees’ Intellectual Property Rights

Employees’ Intellectual Property Rights

Author: Sanna Wolk

Publisher: Kluwer Law International B.V.

Published: 2016-04-24

Total Pages: 680

ISBN-13: 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.


Employees' Intellectual Property Rights

Employees' Intellectual Property Rights

Author: Sanna Wolk

Publisher:

Published: 2015

Total Pages: 0

ISBN-13: 9789041159724

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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 as manifested in 33 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 49 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, inventiotns, 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.


Working Knowledge

Working Knowledge

Author: Catherine L. Fisk

Publisher: Univ of North Carolina Press

Published: 2009-11-01

Total Pages: 373

ISBN-13: 0807899062

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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.


Research Handbook on Intellectual Property and Employment Law

Research Handbook on Intellectual Property and Employment Law

Author: N. Bruun

Publisher: Edward Elgar Publishing

Published: 2021-07-28

Total Pages: 520

ISBN-13: 9781782547242

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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. Leading academic experts examine the most crucial building blocks of the regulation of employee IP, such as authorship, inventorship and creatorship, as well as individual, corporate and collective works. Chapters focus on US and European law, but also offer insights from Chinese, Japanese and Korean law. The Research Handbook also tackles new and developing global challenges in the field, including labour mobility, trade secrets, non-compete clauses, university employees, cross-border business matters, and choice of law issues. Scholars and students in both IP and labour law, and particularly those working at the intersection of these fields, will find this Research Handbook invaluable. It will also provide important insights for legislators, business practitioners and university management.


Intellectual Property Rights in Industry-sponsored University Research

Intellectual Property Rights in Industry-sponsored University Research

Author:

Publisher: National Academies

Published: 1993-01-15

Total Pages: 40

ISBN-13:

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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.


Trade Secrets and Employee Mobility

Trade Secrets and Employee Mobility

Author: Magdalena Kolasa

Publisher: Cambridge University Press

Published: 2018-02-08

Total Pages: 411

ISBN-13: 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.


The Management of Intellectual Property

The Management of Intellectual Property

Author: D. Bosworth

Publisher: Edward Elgar Publishing

Published: 2006-01-01

Total Pages: 342

ISBN-13: 1847201555

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This book will be a useful resource for those studying or teaching the management of IP. . . a welcome addition on the reading list for all good IP management courses. Duncan Bucknell, Journal of Intellectual Property Law and Practice This book brings together innovative contributions on the management of intellectual property (IP) and intellectual property rights by an esteemed and multi-disciplinary group of economists, management scientists, accountants and lawyers. Offering a broad and enlightening picture of the measurement and management of IP, the contributors argue that the shift towards a knowledge-based economy has increased the importance of IP and more generally, intangible assets, as a focus for company decision-making behaviour. The book explores these intangible assets, which are driven by investments in R&D, marketing, education and training, management information systems and organizational structure. The inherent risk in the development of such assets born from the involvement of creativity and innovation is also discussed. The Management of Intellectual Property should prove of use to both students of management and managers in the field who have to make decisions with regard to investments in, and the protection of, IP and other intangible assets.


Research Handbook on Intellectual Property and Employment Law

Research Handbook on Intellectual Property and Employment Law

Author: Bruun, Niklas

Publisher: Edward Elgar Publishing

Published: 2021-07-31

Total Pages: 424

ISBN-13: 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.


Employees, Trade Secrets and Restrictive Covenants

Employees, Trade Secrets and Restrictive Covenants

Author: Christopher Heath

Publisher: Kluwer Law International B.V.

Published: 2016-11-24

Total Pages: 539

ISBN-13: 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.