Full Description
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.
Contents
Contents:
Preface viii
PART I FOUNDATIONS OF EMPLOYEE INTELLECTUAL
PROPERTY - HISTORICAL AND
METHODOLOGICAL PERSPECTIVES
1 Foundations of labour and IP law 2
Niklas Bruun and Marja-Leena Mansala
2 The role of the employee-inventor and the institutional
development of technology-based business 49
Ulf Petrusson
3 Knowledge economy, changing employment relations, and
intellectual property issues 98
Alan Hyde
PART II REGULATORY INTELLECTUAL PROPERTY FRAMEWORK
4 Regulatory development in different fields of IP 113
Marja-Leena Mansala and Niklas Bruun
5 Concepts of authorship and their relevance to IP entitlement -
personalist vs entrepreneurial approaches 132
Antoon Quaedvlieg
6 The curious contrast between corporate authorship and
inventorship in the United States 174
Sean M. O'Connor
7 Collective works in French law 202
Sylvie Nérisson and Stéphanie Le Cam
8 Fairness for all - employee inventions between contract and
legislation in Korea and Japan 217
Nari Lee
9 The interface between employment law and enforcement,
remedies and sanctions 246
Trevor Cook
10 Comparative perspectives on employee inventions: Chinese
developments compared with European, Asian and US models 263
Liguo Zhang
PART III GLOBALIZATION AND NEW CHALLENGES
11 Cross-border business matters and choice of law 293
Paul Torremans
12 Academic employees in universities: who can exploit their
intellectual property? 326
Ann L. Monotti
13 Knowledge mobility, trade secrets and non-competes: lessons
from the common law tradition 361
William van Caenegem
Index
