Employees Intellectual Property Rights
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| Author | : Sanna Wolk |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 680 |
| Release | : 2016-04-24 |
| Genre | : Law |
| ISBN | : 9041192654 |
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.
| Author | : Sanna Wolk |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2015 |
| Genre | : Copyright, Employees'. |
| ISBN | : 9789041159724 |
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.
| Author | : N. Bruun |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 520 |
| Release | : 2021-07-28 |
| Genre | : |
| ISBN | : 9781782547242 |
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.
| Author | : Catherine L. Fisk |
| Publisher | : Univ of North Carolina Press |
| Total Pages | : 373 |
| Release | : 2009-11-01 |
| Genre | : Law |
| ISBN | : 0807899062 |
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.
| Author | : |
| Publisher | : National Academies |
| Total Pages | : 40 |
| Release | : 1993-01-15 |
| Genre | : Science |
| ISBN | : |
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.
| Author | : Magdalena Kolasa |
| Publisher | : Cambridge University Press |
| Total Pages | : 411 |
| Release | : 2018-02-08 |
| Genre | : Business & Economics |
| ISBN | : 1108424228 |
A comparative analysis of trade secrets enforcement against ex-employees in the EU and USA, aimed at legislators and practitioners.
| Author | : |
| Publisher | : World Intellectual Property Organization |
| Total Pages | : 460 |
| Release | : 2004 |
| Genre | : Conflict of laws |
| ISBN | : 9789280512915 |
| Author | : D. Bosworth |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 342 |
| Release | : 2006-01-01 |
| Genre | : Law |
| ISBN | : 1847201555 |
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.
| Author | : Bruun, Niklas |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 424 |
| Release | : 2021-07-31 |
| Genre | : Law |
| ISBN | : 1782547258 |
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.
| Author | : François Dessemontet |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 384 |
| Release | : 2019-08-19 |
| Genre | : Law |
| ISBN | : 9403516720 |
Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in the Switzerland. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in the Switzerland will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.
