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Managing the Legal Nexus Between Intellectual Property and Employees

Domestic and Global Contexts Edited by Lynda J. Oswald, Professor and Area Chair of Business Law, Stephen M. Ross School of Business, University of Michigan and Marisa Anne Pagnattaro, Josiah Meigs Distinguished Teaching Professor and Director of the Legal Studies Certificate Program, Terry College of Business, University of Georgia, US
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 global trade, such as the use of employment contracts to protect intellectual property, ownership of intellectual property created by the employee, officer liability issues relating to infringement, post-employment confidentiality and non-compete agreements, and inadvertent or deliberate misappropriation or theft of trade secrets.
Extent: 328 pp
Hardback Price: $140.00 Web: $126.00
Publication Date: 2015
ISBN: 978 1 78347 925 2
Availability: In Stock
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  • Business and Management
  • International Business
  • Law - Academic
  • Intellectual Property Law
  • International Economic Law, Trade Law
  • Labour, Employment Law
The explosion in intellectual capital coincides with a growing understanding of the importance of human capital to the firm. Managing the Legal Nexus Between Intellectual Property and Employees: Domestic and Global Contexts highlights some of the most critical contemporary issues occurring at the intersection of intellectual property law, employment law, and global trade.

In addition to the legal dimensions, the book tackles issues of strategy and decision-making for businesses. The contributors discuss the use of employment contracts to protect intellectual property, ownership of intellectual property created by employees, officer liability issues relating to infringement, post-employment confidentiality and non-compete agreements, and inadvertent or deliberate misappropriation of trade secrets.

The discussion of key topics in intellectual property law in the US and abroad makes this a valuable resource for both academics and practitioners worldwide. Business managers, government employees, and intellectual property owners will appreciate its timely and cutting-edge analysis.
‘As intellectual property becomes ever more central to modern firms, the role of employer-employee relationships in intangible asset management has also evolved. Professors Oswald and Pagnattaro tackle this important topic in a rich and diverse new book. Through a series of intellectually robust chapters written by noted experts, they consider employees from the perspective of knowledge generators, team members with mobility rights, liability risks and even information misappropriators. The analysis and advice one derives is timely, creative and often surprising. I believe that Managing the Legal Nexus Between Intellectual Property and Employees is an essential read for attorneys, managers and investors who want to remain competitive in today’s global business environment. And educators will find it an important reference for training future business leaders.’
– Daniel R. Cahoy, Penn State University, US
Contributors: R. Bird, N.C. Bishara, E. Brown, R.M. Lorentz, J.M. Magid, S. Marsnik, D. Orozc, L.J. Oswald, M. Pagnattaro, S. Park, J.D. Prenkert, C.M.C. Westphal


Contents:

Introduction
Lynda J. Oswald and Marisa Anne Pagnattaro

PART I: PUBLIC POLICY CONSIDERATIONS
1. The Individual Liability of Corporate Officers Under Patent and Copyright Law
Lynda J. Oswald

2. Employee-Created Health Care Innovation at a Crossroads
Julie Manning Magid

3. Contracts for Knowledge Protection Across a Global Workforce
Norman D. Bishara

PART II: WORKPLACE RAMIFICATIONS
4. Certification Marks as Private Employment Regulation
Jamie Darin Prenkert

5. The Intersection of Smartphone Technology and Fair Labor Standards
Robert C. Bird

PART III: GLOBAL INTERSECTIONS
6. Employee Misappropriation: Using Section 337 to Combat Trade Secret Theft
Marisa Anne Pagnattaro and Stephen Kim Park

7. Reducing the Risk of Cross-Border Trade Secret Misappropriation
Elizabeth A. Brown

8. Who Owns Employee Works? Pitfalls in a Globally Distributed Work Environment
Susan J. Marsnik and Romain L. Lorentz

9. Patent Grant-Back Clauses in International License Agreements: A Survey and Ethical Analysis
David Orozco

10. Political, Economic, and Public Policy Constraints on the Use of Human Resource Practices to Protect Intellectual Property in China and the United States
Christine M. Westphal

Index