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Employment Law and Intellectual Property Law.
Monotti, Ann L. Editor.; Burk, D. L.; Chew, P. K.; Cornish, W. R.; Dreyfuss, R. C.; Fisk, C. L.; Freedland, M.; Gilson, R. J.; Hyde, A.; Merges, R. P.; van Caenegem, W. Contributors.
2018
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Title
Employment Law and Intellectual Property Law.
Author
Monotti, Ann L. Editor.
Burk, D. L.; Chew, P. K.; Cornish, W. R.; Dreyfuss, R. C.; Fisk, C. L.; Freedland, M.; Gilson, R. J.; Hyde, A.; Merges, R. P.; van Caenegem, W. Contributors.
Item Type
Book
Description
928 pages.
ISBN
9781785366420 eBook
9781785366413 Print
Summary
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.
Note
Includes index.
Formatted Contents Note
Acknowledgements
Introduction
Part I: Historical Perspectives
1. Encouraging Inventions by Government Employees; 2. Removing the ‘Fuel of Interest’ from the ‘Fire of Genius’: Law and the Employee-Inventor, 1830-1930; 3. Patent Rights in an Employee’s Invention: The American Shop Right Rule and the English View; 4. The Employed Inventor, the Public Interest, and Horse and Buggy Law in the Space Age; 5. Sewing the Fly Buttons on the Statute
Part II: Rationales for Default Rules
6. Intellectual Property and the Firm; 7. The Law and Economics of Employee Inventions
Part III: Allocation of Ownership of Employee Creation
8. The Creative Employee and the Copyright Act of 1976; 9. Who Owns Human Capital? A Critical Appraisal of Legal Techniques for Capturing the Value of Work; 10. Serious Flaw of Employee Inventions Ownership Under the Bayh-Dole Act in Stanford v. Roche: Finding the Missing Piece of the Puzzle in the German Employee Invention Act; 11. Resolving Invention Ownership Disputes: Limitations of the Contract of Employment; 12. EU Perspectives on Employees’ Inventions; 13. Collective Bargaining and the Ownership of Employee Creation
Part IV: Restraints and Employee Mobility
14. Employee Agreements Not to Compete; 15. Confidentiality and the New Employment Relationship; 16. The Legal Infrastructure of High Technology Industrial Districts: Silicon Valley, Route 128, Covenants not to Compete; 17. Inter-firm Migration of Tacit Knowledge: Law and Policy; 18. Intellectual Property Justifications for Restricting Employee Mobility: A Critical Appraisal in Light of the Economic Evidence; 19. What/Whose Knowledge? Restraints of Trade and Concepts of Knowledge; 20. The Incomplete Noncompete Picture
Part V: Universities – Approaches and Issues
21. Rights in University Innovations: The Herchel Smith Lecture for 1991; 22. Faculty-Generated Inventions: Who Owns the Golden Egg?; 23. Who Owns my Research and Teaching Materials: My University or Me?; 24. The Real Issue Behind Stanford v. Roche: Faulty Conceptions of University Assignment Policies Stemming from the 1947 Biddle Report
Index
Series
Published
Northampton, MA : Edward Elgar Publishing Limited, 2018.
Language
English
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