Business Innovation and the Law analyses the topical issue of protecting and promoting business research and development. It does so by examining business innovation through the lens of different legal disciplines intellectual property, labour and employment laws, competition and corporate laws. Evaluating the impact of each of these areas using discipline-specific and industry perspectives, the book also explores questions about whether a more harmonized approach is necessary to provide appropriate protection. Approaches of the common law and civil jurisdictions, particularly the European Union, inform and provide guidance to the analysis of emerging issues in this field. This book provides insights into various approaches taken by both common law and civil law jurisdictions regarding the increasingly blurred line of ownership rights in innovative industries. It traverses various disciplines of law as well as jurisdictions. Using interdisciplinary perspectives to business innovation and inter-jurisdictional comparisons and analysis, this book will appeal to university administrators responsible for intellectual property policy, managers of technology transfer offices in universities, intellectual property lawyers, labour and employment lawyers and competition lawyers.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Preface PART I: BUSINESS INNOVATION: INTRODUCING THE PERSPECTIVES - 1. Perspectives and Themes. 2. Failed Collaborations: The Misappropriation of Business Opportunities, Ideas and Advantages by Prospective Co-venturers, Financiers and Brokers PART II: INVENTIONS AND DISCOVERIES IN BUSINESS: INTELLECTUAL PROPERTY PERSPECTIVES - 3. Innovation through the Lens of Intellectual Property Law: Rights in Employee Inventions. 4. Double or Nothing: Technology Transfer under the Bayh-Dole Act. 5. Establishing Clear Rights in Academic Employee Inventions: Lessons Learnt from University of Western Australia v Gray. 6. Professional and Academic Employee Inventions: Looking Beyond the UK Paradigm. 7. EU Perspectives on Employees’ Inventions PART III: THE EMPLOYMENT AND LABOUR LAW PERSPECTIVE ON PROTECTING BUSINESS RESEARCH AND DEVELOPMENT - 8. Innovation through the Lens of Labour and Employment Law. 9. Resolving Invention Ownership Disputes: Limitations of the Contract of Employment. 10. The Innovative Worker: Genius, Accidental Inventor or Thief? 11. Employees’ Inventions and the Employment Contract: A European Union Perspective. 12. US Employment Law Perspectives on the Issue of Who Owns an Employee’s Invention. 13. Taking the Long View on Competition and the Mobile Employee: Lessons from the United States History of Efforts to Regulate Employee Innovation and the Mobility of Workplace Knowledge PART IV: THE COMPETITION LAW PERSPECTIVE ON PROTECTING BUSINESS RESEARCH AND DEVELOPMENT - 14. Innovation through the Lens of Competition Law. 15. Legal Protection of Business Research and Development: Can it Harm Competition? 16. Business Innovation and Competition Law: An Australian Perspective. 17. Perspectives from Competition Law Practice. 18. EU Competition Law, and Research and Development Agreements PART V: DEVICES TO PROTECT BUSINESS RESEARCH AND DEVELOPMENT FROM ‘INTERNAL ATTACK’ - 19. Devices at Law to Protect Employers: A Conspectus of Approaches. 20. Devices to Restrain Competition and Protect Discoveries and Enforcement: Workplace Policies and Confidentiality Agreements. 21. Devices to Restrain Competition and Protect Discoveries and Enforcement: Confidentiality in the Courts and Europe. 22. Devices to Restrain Competition and Protect Confidential Information in Employment – Practical and Legal Aspects: An Australian Perspective. 23. The Law and Policy of Non-compete Clauses in the United States and their Implications PART VI: PUBLIC SECTOR BUSINESS RESEARCH AND DEVELOPMENT - 24. Innovation in Public Sector Research. 25. Technology Transfer Law, Policies and Practices at the U.S. National Institutes of Health. 26. Licensing University Intellectual Property: Ownership and Management of Intellectual Property in the United Kingdom PART VII: CORPORATE GOVERNANCE ISSUES AND INNOVATION - 27. Innovation through the Lens of Corporate Governance. 28. Institutions and Innovation: Is Corporate Governance the Missing Link? Index