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

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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.

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

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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.

The Law of Employed Inventors in Europe

The Law of Employed Inventors in Europe PDF Author: United States. Congress. Senate. Judiciary
Publisher:
ISBN:
Category :
Languages : en
Pages : 164

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Book Description


The Law of Employed Inventors in Europe

The Law of Employed Inventors in Europe PDF Author: Fredrik Neumeyer
Publisher:
ISBN:
Category : Inventions
Languages : en
Pages : 164

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Book Description


Employees' Inventions in Germany

Employees' Inventions in Germany PDF Author: Michael Trimborn
Publisher: Kluwer Law International B.V.
ISBN: 9041128263
Category : Law
Languages : en
Pages : 198

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Book Description
This practical guide for professionals and managers in patent and HR departments, both in Germany and abroad, provides a quick and reliable introduction to this important law. Among the book's very useful features are the following: An expert overview on all relevant practical problems which might arise from employees' inventions in Germany; diagrams which visualize how service inventions are treated from the moment that they are created to the final

Patents, Trademarks, and Related Rights

Patents, Trademarks, and Related Rights PDF Author: Stephen Pericles Ladas
Publisher: Harvard University Press
ISBN: 9780674657755
Category : Industrial property
Languages : en
Pages : 2172

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Book Description


Managing the Legal Nexus Between Intellectual Property and Employees

Managing the Legal Nexus Between Intellectual Property and Employees PDF Author: Lynda J. Oswald
Publisher: Edward Elgar Publishing
ISBN: 1783479264
Category : Law
Languages : en
Pages : 325

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Book Description
The explosion in intellectual capital coincides with a growing understanding of the importance of human capital to the firm. This book examines the pressing legal issues that arise at the intersections of intellectual property law, employment law, and

Research Handbook on Intellectual Property and Employment Law

Research Handbook on Intellectual Property and Employment Law PDF 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.

Business Innovation and the Law

Business Innovation and the Law PDF Author: Marilyn J. Pittard
Publisher: Edward Elgar Publishing
ISBN: 1781001626
Category : Law
Languages : en
Pages : 517

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Book Description
Business Innovation and the Law analyses the topical issue of protecting and promoting business research and development. It does so by examining business innovation through the lens of different legal disciplines Ð intellectual property, labour and employment laws, competition and corporate laws. Evaluating the impact of each of these areas using discipline-specific and industry perspectives, the book also explores questions about whether a more harmonized approach is necessary to provide appropriate protection. Approaches of the common law and civil jurisdictions, particularly the European Union, inform and provide guidance to the analysis of emerging issues in this field. This book provides insights into various approaches taken by both common law and civil law jurisdictions regarding the increasingly blurred line of ownership rights in innovative industries. It traverses various disciplines of law as well as jurisdictions. Using interdisciplinary perspectives to business innovation and inter-jurisdictional comparisons and analysis, this book will appeal to university administrators responsible for intellectual property policy, managers of technology transfer offices in universities, intellectual property lawyers, labour and employment lawyers and competition lawyers.

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

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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.

Rights of Government and Its Employees in Inventions Made by Such Employees

Rights of Government and Its Employees in Inventions Made by Such Employees PDF Author: United States. Congress. House. Committee on the Judiciary
Publisher:
ISBN:
Category : Employee rights
Languages : en
Pages : 128

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Book Description
Committee Serial No. 15. Includes "Federal Employee Invention Rights -- Time to Legislate," by Marcus B. Finnegan and Richard W. Pogue, Michigan Law Review, May 1957 (p. 49-112).