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Business Innovation and the Law

Perspectives from Intellectual Property, Labour, Competition and Corporate Law Edited by Marilyn Pittard, Ann L. Monotti and John Duns, Monash University Faculty of Law, Australia
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 – intellectual property, labour and employment laws, competition and corporate laws.
Extent: 528 pp
Hardback Price: $184.00 Web: $165.60
Publication Date: 2013
ISBN: 978 1 78100 161 5
Availability: In Stock
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  • Law - Academic
  • Competition and Antitrust Law
  • Corporate Law and Governance
  • Intellectual Property Law
  • Labour, Employment Law
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 – 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.
Contributors: R. Bales, N. Byrne, S. Deakin, R. Del Punta, R.C. Dreyfuss, C.T. Driscoll, J. Duns, R. Finkelstein, P. Finn, A. Firth, C.L. Fisk, M. Freedland, R. Greaves, C.M. Hayes, J. Hull, M.-C. Janssens, J.P. Kesan, D. Livingston, A. Mina, C. Molnar, A.L. Monotti, J. Pila, M. Pittard, J. Prassl
Contents:

Preface

PART I: BUSINESS INNOVATION: INTRODUCING THE PERSPECTIVES
1. Perspectives and Themes
John Duns, Ann L. Monotti and Marilyn Pittard

2. Failed Collaborations: The Misappropriation of Business Opportunities, Ideas and Advantages by Prospective Co-venturers, Financiers and Brokers
Paul Finn

PART II: INVENTIONS AND DISCOVERIES IN BUSINESS: INTELLECTUAL PROPERTY PERSPECTIVES
3. Innovation through the Lens of Intellectual Property Law: Rights in Employee Inventions
Ann L. Monotti

4. Double or Nothing: Technology Transfer under the Bayh-Dole Act
Rochelle Cooper Dreyfuss

5. Establishing Clear Rights in Academic Employee Inventions: Lessons Learnt from University of Western Australia v Gray
Ann L. Monotti

6. Professional and Academic Employee Inventions: Looking Beyond the UK Paradigm
Justine Pila

7. EU Perspectives on Employees’ Inventions
Marie-Christine Janssens

PART III: THE EMPLOYMENT AND LABOUR LAW PERSPECTIVE ON PROTECTING BUSINESS RESEARCH AND DEVELOPMENT
8. Innovation through the Lens of Labour and Employment Law
Marilyn Pittard

9. Resolving Invention Ownership Disputes: Limitations of the Contract of Employment
Mark Freedland and Jeremias Prassl

10. The Innovative Worker: Genius, Accidental Inventor or Thief?
Marilyn Pittard

11. Employees’ Inventions and the Employment Contract: A European Union Perspective
Riccardo Del Punta

12. US Employment Law Perspectives on the Issue of Who Owns an Employee’s Invention
Richard Bales

13. Taking the Long View on Competition and the Mobile Employee: Lessons from the United States History of Efforts to Regulate Employee Innovation and the Mobility of Workplace Knowledge
Catherine L. Fisk

PART IV: THE COMPETITION LAW PERSPECTIVE ON PROTECTING BUSINESS RESEARCH AND DEVELOPMENT
14. Innovation through the Lens of Competition Law
John Duns

15. Legal Protection of Business Research and Development: Can it Harm Competition?
Ray Finkelstein

16. Business Innovation and Competition Law: An Australian Perspective
John Duns

17. Perspectives from Competition Law Practice
Dorothy Livingston

18. EU Competition Law, and Research and Development Agreements
Rosa Greaves

PART V: DEVICES TO PROTECT BUSINESS RESEARCH AND DEVELOPMENT FROM ‘INTERNAL ATTACK’
19. Devices at Law to Protect Employers: A Conspectus of Approaches
Marilyn Pittard

20. Devices to Restrain Competition and Protect Discoveries and Enforcement: Workplace Policies and Confidentiality Agreements
John Hull

21. Devices to Restrain Competition and Protect Discoveries and Enforcement: Confidentiality in the Courts and Europe
Alison Firth

22. Devices to Restrain Competition and Protect Confidential Information in Employment – Practical and Legal Aspects: An Australian Perspective
Chris Molnar

23. The Law and Policy of Non-compete Clauses in the United States and their Implications
Jay P. Kesan and Carol M. Hayes

PART VI: PUBLIC SECTOR BUSINESS RESEARCH AND DEVELOPMENT
24. Innovation in Public Sector Research
Ann L. Monotti

25. Technology Transfer Law, Policies and Practices at the U.S. National Institutes of Health
Claire T. Driscoll

26. Licensing University Intellectual Property: Ownership and Management of Intellectual Property in the United Kingdom
Noel Byrne

PART VII: CORPORATE GOVERNANCE ISSUES AND INNOVATION
27. Innovation through the Lens of Corporate Governance
John Duns

28. Institutions and Innovation: Is Corporate Governance the Missing Link?
Simon Deakin and Andrea Mina

Index