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Author: Ann Monotti
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Australian patent law contains no express code for ascertaining ownership of employee inventions, other than to vest rights by statute in the first instance in the inventor. The rights of an employer must derive from the inventor. In the private business sector, the usual way in which an employer will protect its rights to inventions that its employees are paid to create is with an express term in the employment contract. This will commonly involve some requirement to assign future inventions to the employer. In the past, where the owner of a business might have overlooked the need for an express claim, or where an express claim was found to be unenforceable, the courts have developed doctrines at common law and in equity to protect the entitlement of business owners to inventions that arose from work that the employee was paid to perform. At common law, a term was implied in law into employment contracts to the effect that the employer is entitled to the product of the work that the employee is paid to perform, even when the product is a patentable invention. The generality of the defined circumstances in which employees must assign inventions to their employer, such as 'in the course of employment' or 'in pursuance of the duties of employment' makes these rules very difficult to apply with certainty. The main difficulty has been to decide whether it was the employee's job to create the invention that is being fought over. The result is a lack of certainty in marginal cases that employment lawyers aim to minimise with carefully drafted contracts of employment. It is within this broad context of relative uncertainty as to entitlement to employee inventions created in business environments that the courts were asked to determine the rights of university employers to the inventions of their academic employees in Victoria University of Technology v Wilson, and University of Western Australia v Gray. Universities had embraced commercial activities since the 1990s, following government pressure for them to be part of the wider innovation agenda. This engagement with the inn ovation agenda was accompanied with an expectation for universities to own and manage employee inventions 'to maximise the national benefits and returns from public investment in research'. The Wilson and Gray cases show that this entry into the business of commercial exploitation of inventions has provided fertile ground for entitlement disputes with entrepreneurial academic inventors, despite institutional attempts to make express claims. However, it is important not to exaggerate the potential for problems in this area, because only a small quantity of academic employee inventions will be suitable for commercial exploitation through licensing or some other means, and most technology transfer activities will proceed without undue dispute as to appropriate terms. The bulk of university research is disseminated openly through the usual avenues of conference presentations, articles and books, staff transfers and teaching. Nevertheless, the Wilson and Gray cases remind us that valuable inventions are created, disputes do arise and that the legal principles developed in business contexts are not necessarily appropriate for the resolution of disputes in an academic environment. The cases warn that contractual assignments of future inventions in academic employment contracts are not always enforceable, that express conditions may not be construed as expected and that there is now precedent for universities to be treated as distinctive from other business enterprises. The result is not one that inspires confidence for effective management of university intellectual property resources and suggests that some review of policy and the law is due. The question of ownership of employee inventions generally was raised by the Industrial Property Advisory Committee in its review of the patent system in 1984. The committee recommended that no change be made to the ownership position that prevailed under common law, even though the UK government had codified the principles in its Patents Act 1977 (UK). However, the Gray decision has changed the common law position for academic employee inventions with the result that the default position is no longer consistent with policy in this area. The author argues that the 'disconnect' between law and policy provides a reason for government to review its policies and if necessary to develop and codify the principles in the Patents Act 1990 (Cth) to ensure consistency in approach and outcome.
Author: Ann Monotti
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
Australian patent law contains no express code for ascertaining ownership of employee inventions, other than to vest rights by statute in the first instance in the inventor. The rights of an employer must derive from the inventor. In the private business sector, the usual way in which an employer will protect its rights to inventions that its employees are paid to create is with an express term in the employment contract. This will commonly involve some requirement to assign future inventions to the employer. In the past, where the owner of a business might have overlooked the need for an express claim, or where an express claim was found to be unenforceable, the courts have developed doctrines at common law and in equity to protect the entitlement of business owners to inventions that arose from work that the employee was paid to perform. At common law, a term was implied in law into employment contracts to the effect that the employer is entitled to the product of the work that the employee is paid to perform, even when the product is a patentable invention. The generality of the defined circumstances in which employees must assign inventions to their employer, such as 'in the course of employment' or 'in pursuance of the duties of employment' makes these rules very difficult to apply with certainty. The main difficulty has been to decide whether it was the employee's job to create the invention that is being fought over. The result is a lack of certainty in marginal cases that employment lawyers aim to minimise with carefully drafted contracts of employment. It is within this broad context of relative uncertainty as to entitlement to employee inventions created in business environments that the courts were asked to determine the rights of university employers to the inventions of their academic employees in Victoria University of Technology v Wilson, and University of Western Australia v Gray. Universities had embraced commercial activities since the 1990s, following government pressure for them to be part of the wider innovation agenda. This engagement with the inn ovation agenda was accompanied with an expectation for universities to own and manage employee inventions 'to maximise the national benefits and returns from public investment in research'. The Wilson and Gray cases show that this entry into the business of commercial exploitation of inventions has provided fertile ground for entitlement disputes with entrepreneurial academic inventors, despite institutional attempts to make express claims. However, it is important not to exaggerate the potential for problems in this area, because only a small quantity of academic employee inventions will be suitable for commercial exploitation through licensing or some other means, and most technology transfer activities will proceed without undue dispute as to appropriate terms. The bulk of university research is disseminated openly through the usual avenues of conference presentations, articles and books, staff transfers and teaching. Nevertheless, the Wilson and Gray cases remind us that valuable inventions are created, disputes do arise and that the legal principles developed in business contexts are not necessarily appropriate for the resolution of disputes in an academic environment. The cases warn that contractual assignments of future inventions in academic employment contracts are not always enforceable, that express conditions may not be construed as expected and that there is now precedent for universities to be treated as distinctive from other business enterprises. The result is not one that inspires confidence for effective management of university intellectual property resources and suggests that some review of policy and the law is due. The question of ownership of employee inventions generally was raised by the Industrial Property Advisory Committee in its review of the patent system in 1984. The committee recommended that no change be made to the ownership position that prevailed under common law, even though the UK government had codified the principles in its Patents Act 1977 (UK). However, the Gray decision has changed the common law position for academic employee inventions with the result that the default position is no longer consistent with policy in this area. The author argues that the 'disconnect' between law and policy provides a reason for government to review its policies and if necessary to develop and codify the principles in the Patents Act 1990 (Cth) to ensure consistency in approach and outcome.
Author: Bruun, Niklas
Publisher: Edward Elgar Publishing
ISBN: 1782547258
Category : Law
Languages : en
Pages : 424
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Book 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.
Author: Mark J. Davison
Publisher: Cambridge University Press
ISBN: 1108800858
Category : Law
Languages : en
Pages : 809
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Book Description
The fourth edition of Australian Intellectual Property Law provides a detailed and comprehensive, yet concise and accessible discussion of intellectual property law in Australia. This edition has been thoroughly revised to cover the most recent developments in intellectual property law, including significant case law and discussion of the proposed and enacted amendments to the Copyright Act 1968 (Cth), the Patents Act 1990 (Cth) and the Plant Breeder's Rights Act 1994 (Cth). The text has been restructured, but continues to provide a complete discussion of the black-letter aspects of the law. Commencing with copyright, then followed by design law, confidential information, patents, plant breeder's rights, then finally trade marks. The work ends with a chapter on enforcing legal rights and civil remedies. Written by highly-respected intellectual property law researchers this text is an invaluable resource for both undergraduate and postgraduate students, academics and other professionals working with intellectual property.
Author: Sanna Wolk
Publisher: Kluwer Law International B.V.
ISBN: 9041192654
Category : Law
Languages : en
Pages : 872
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Book Description
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: Duncan Matthews
Publisher: Edward Elgar Publishing
ISBN: 1783479450
Category : Law
Languages : en
Pages : 529
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Book Description
Intellectual property (IP) is a key component of the life sciences, one of the most dynamic and innovative fields of technology today. At the same time, the relationship between IP and the life sciences raises new public policy dilemmas. The Research Handbook on Intellectual Property and the Life Sciences comprises contributions by leading experts from academia and industry to provide in-depth analyses of key topics including pharmaceuticals, diagnostics and genes, plant innovations, stem cells, the role of competition law and access to medicines. The Research Handbook focuses on the relationship between IP and the life sciences in Europe and the United States, complemented by country-specific case studies on Australia, Brazil, China, India, Japan, Kenya, South Africa and Thailand to provide a truly international perspective.
Author: Mark Davison
Publisher: Cambridge University Press
ISBN: 1107472296
Category : Law
Languages : en
Pages : 807
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Book Description
Updated to include recent important developments in Australian intellectual property law, this is an essential text for students and professionals.
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309043883
Category : Computers
Languages : en
Pages : 320
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Book Description
Computers at Risk presents a comprehensive agenda for developing nationwide policies and practices for computer security. Specific recommendations are provided for industry and for government agencies engaged in computer security activities. The volume also outlines problems and opportunities in computer security research, recommends ways to improve the research infrastructure, and suggests topics for investigators. The book explores the diversity of the field, the need to engineer countermeasures based on speculation of what experts think computer attackers may do next, why the technology community has failed to respond to the need for enhanced security systems, how innovators could be encouraged to bring more options to the marketplace, and balancing the importance of security against the right of privacy.
Author: Carl Patton
Publisher: Routledge
ISBN: 1317350006
Category : Political Science
Languages : en
Pages : 481
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Book Description
Updated in its 3rd edition, Basic Methods of Policy Analysis and Planning presents quickly applied methods for analyzing and resolving planning and policy issues at state, regional, and urban levels. Divided into two parts, Methods which presents quick methods in nine chapters and is organized around the steps in the policy analysis process, and Cases which presents seven policy cases, ranging in degree of complexity, the text provides readers with the resources they need for effective policy planning and analysis. Quantitative and qualitative methods are systematically combined to address policy dilemmas and urban planning problems. Readers and analysts utilizing this text gain comprehensive skills and background needed to impact public policy.
Author: Fema
Publisher: Independently Published
ISBN: 9781097219360
Category :
Languages : en
Pages : 220
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Book Description
April 2018 Full COLOR 8 1/2 by 11 inches The Public Assistance Program and Policy Guide provides an overview of the Presidential declaration process, the purpose of the Public Assistance (PA) Program, and the authoritiesauthorizing the assistance that the Federal Emergency Management Agency provides under the PA Program. It provides PA policy language to guide eligibility determinations. Overarching eligibility requirements are presented first and are not reiterated for each topic. It provides a synopsis of the PA Program implementation process beginning with pre-declaration activities and continuing through closeout of the PA Program award. When a State, Territorial, or Indian Tribal Government determines that an incident may exceed State, Territorial, Indian Tribal, and local government capabilities to respond, it requests a joint Preliminary Damage Assessment (PDA) with the Federal Emergency Management Agency (FEMA). Federal, State, Territorial, Indian Tribal, local government, and certain private nonprofit (PNP) organization officials work together to estimate and document the impact and magnitude of the incident. Why buy a book you can download for free? We print the paperback book so you don't have to. First you gotta find a good clean (legible) copy and make sure it's the latest version (not always easy). Some documents found on the web are missing some pages or the image quality is so poor, they are difficult to read. If you find a good copy, you could print it using a network printer you share with 100 other people (typically its either out of paper or toner). If it's just a 10-page document, no problem, but if it's 250-pages, you will need to punch 3 holes in all those pages and put it in a 3-ring binder. Takes at least an hour. It's much more cost-effective to just order the bound paperback from Amazon.com This book includes original commentary which is copyright material. Note that government documents are in the public domain. We print these paperbacks as a service so you don't have to. The books are compact, tightly-bound paperback, full-size (8 1/2 by 11 inches), with large text and glossy covers. 4th Watch Publishing Co. is a HUBZONE SDVOSB. https: //usgovpub.com Buy the paperback from Amazon and get Kindle eBook FREE using MATCHBOOK. go to https: //usgovpub.com to learn how
Author: Daniel J Solove
Publisher: NYU Press
ISBN: 0814740375
Category : Computers
Languages : en
Pages : 295
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Book Description
Daniel Solove presents a startling revelation of how digital dossiers are created, usually without the knowledge of the subject, & argues that we must rethink our understanding of what privacy is & what it means in the digital age before addressing the need to reform the laws that regulate it.