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Research Handbook on Intellectual Property and Employment Law

Edited by: Niklas Bruun, Marja-Leena Mansala

ISBN13: 9781782547242
Published: July 2021
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £172.00



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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.

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