Employees’ Intellectual Property Rights

Employees’ Intellectual Property Rights PDF Author: Sanna Wolk
Publisher: Kluwer Law International B.V.
ISBN: 9041192654
Category : Law
Languages : en
Pages : 680

Get Book Here

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.

Employees’ Intellectual Property Rights

Employees’ Intellectual Property Rights PDF Author: Sanna Wolk
Publisher: Kluwer Law International B.V.
ISBN: 9041192654
Category : Law
Languages : en
Pages : 680

Get Book Here

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.

The Right to Employee Inventions in Patent Law

The Right to Employee Inventions in Patent Law PDF Author: Kazuhide Odaki
Publisher: Bloomsbury Publishing
ISBN: 1509920331
Category : Law
Languages : en
Pages : 215

Get Book Here

Book Description
Although employers are required to pay compensation for employee inventions under the laws in many countries, existing legal literature has never critically examined whether such compensation actually gives employee inventors an incentive to invent as the legislature intends. This book addresses the issue through reference to recent, large-scale surveys on the motivation of employee inventors (in Europe, the United States and Japan) and studies in social psychology and econometrics, arguing that the compensation is unlikely to boost the motivation, productivity and creativity of employee inventors, and thereby encourage the creation of inventions. It also discusses the ownership of inventions made by university researchers, giving due consideration to the need to ensure open science and their academic freedom. Challenging popular assumptions, this book provides a solution to a critical issue by arguing that compensation for employee inventions should not be made mandatory regardless of jurisdiction because there is no legitimate reason to require employers to pay it. This means that patent law does not need to give employee inventors an 'incentive to invent' separately from the 'incentive to innovate' which is already given to employers.

WIPO Guide to Using Patent Information

WIPO Guide to Using Patent Information PDF Author: World Intellectual Property Organization
Publisher: WIPO
ISBN: 9280526510
Category : Law
Languages : en
Pages : 44

Get Book Here

Book Description
This Guide aims to assist users in searching for technology information using patent documents, a rich source of technical, legal and business information presented in a generally standardized format and often not reproduced anywhere else. Though the Guide focuses on patent information, many of the search techniques described here can also be applied in searching other non-patent sources of technology information.

The Right to Employee Inventions in Patent Law

The Right to Employee Inventions in Patent Law PDF Author: Kazuhide Odaki
Publisher: Bloomsbury Publishing
ISBN: 1509920323
Category : Law
Languages : en
Pages : 227

Get Book Here

Book Description
Although employers are required to pay compensation for employee inventions under the laws in many countries, existing legal literature has never critically examined whether such compensation actually gives employee inventors an incentive to invent as the legislature intends. This book addresses the issue through reference to recent, large-scale surveys on the motivation of employee inventors (in Europe, the United States and Japan) and studies in social psychology and econometrics, arguing that the compensation is unlikely to boost the motivation, productivity and creativity of employee inventors, and thereby encourage the creation of inventions. It also discusses the ownership of inventions made by university researchers, giving due consideration to the need to ensure open science and their academic freedom. Challenging popular assumptions, this book provides a solution to a critical issue by arguing that compensation for employee inventions should not be made mandatory regardless of jurisdiction because there is no legitimate reason to require employers to pay it. This means that patent law does not need to give employee inventors an 'incentive to invent' separately from the 'incentive to innovate' which is already given to employers.

Navigating the Patent System

Navigating the Patent System PDF Author: James Yang
Publisher:
ISBN: 9780999460108
Category :
Languages : en
Pages : 266

Get Book Here

Book Description
Attention: Inventors and startups! Is the patent system confusing to you? Navigating the Patent System will give you more clarity regarding your potential next steps and increase your confidence as you make your patenting decisions. 7 Core Patent Concepts, Drafting the Patent Application and FAQs during patent process are explained.

Rights of Employed Inventors

Rights of Employed Inventors PDF Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 90

Get Book Here

Book Description


A Patent System for the 21st Century

A Patent System for the 21st Century PDF Author: National Research Council
Publisher: National Academies Press
ISBN: 0309089107
Category : Science
Languages : en
Pages : 186

Get Book Here

Book Description
The U.S. patent system is in an accelerating race with human ingenuity and investments in innovation. In many respects the system has responded with admirable flexibility, but the strain of continual technological change and the greater importance ascribed to patents in a knowledge economy are exposing weaknesses including questionable patent quality, rising transaction costs, impediments to the dissemination of information through patents, and international inconsistencies. A panel including a mix of legal expertise, economists, technologists, and university and corporate officials recommends significant changes in the way the patent system operates. A Patent System for the 21st Century urges creation of a mechanism for post-grant challenges to newly issued patents, reinvigoration of the non-obviousness standard to quality for a patent, strengthening of the U.S. Patent and Trademark Office, simplified and less costly litigation, harmonization of the U.S., European, and Japanese examination process, and protection of some research from patent infringement liability.

Milgrim on Trade Secrets

Milgrim on Trade Secrets PDF Author: Roger M. Milgrim
Publisher:
ISBN:
Category : Trade secrets
Languages : en
Pages :

Get Book Here

Book Description


Patent Law Fundamentals

Patent Law Fundamentals PDF Author: Peter D. Rosenberg
Publisher: West Group Publishing
ISBN:
Category : Patent laws and legislation
Languages : en
Pages : 432

Get Book Here

Book Description
This two volume looseleaf treatise offers procedural guidance to the Patent Act, the U.S. Patent and Trademark Office Rules, and the Manual of Patent Examining Procedure. The work provides substantive analysis of the Semiconductor Chip Protection Act, new patent interference rules, and the differences between U.S. and foreign patent law.

Intellectual Property Law

Intellectual Property Law PDF Author: D. Vaver
Publisher: Essentials of Canadian Law
ISBN: 9781552212097
Category : Law
Languages : en
Pages : 835

Get Book Here

Book Description
One of the most important treatises on the subject in Canada for scholars, practitioners, policy analysts and students alike. The book has been cited as a leading authority by all levels of courts, including the Supreme Court of Canada.