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Research Handbook on Intellectual Property and Employment Law

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Research Handbook on Intellectual Property and Employment Law

9781782547242 Edward Elgar Publishing
Edited by Niklas Bruun, Professor Emeritus, Hanken School of Economics, Former Director IPR University Center, Helsinki, Finland and Visiting Professor, Faculty of Law, Stockholm University, Sweden and Marja-Leena Mansala, Former Secretary General of IPR University Center, Finland
Publication Date: July 2021 ISBN: 978 1 78254 724 2 Extent: 424 pp
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.

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Critical Acclaim
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Contents
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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.

Leading academic experts examine the most crucial building blocks of the regulation of employee IP, such as authorship, inventorship and creatorship, as well as individual, corporate and collective works. Chapters focus on US and European law, but also offer insights from Chinese, Japanese and Korean law. The Research Handbook also tackles new and developing global challenges in the field, including labour mobility, trade secrets, non-compete clauses, university employees, cross-border business matters, and choice of law issues.

Scholars and students in both IP and labour law, and particularly those working at the intersection of these fields, will find this Research Handbook invaluable. It will also provide important insights for legislators, business practitioners and university management.
Critical Acclaim
‘This Handbook is a very welcome detailed treatment of the most pressing issues in the intersection between IPRs and Employment Law. With a global approach it explores how IPRs today are essential instruments, not only between competitors, but equally in relation to employees. It is a must-read for policy-makers, practicing lawyers, managers and students wishing to understand the many elements of incentivizing, regulating and managing employees performing innovative work.’
– Bengt Domeij, Uppsala University, Sweden

‘Moderna, Pfizer, Tesla, Amazon, and so many other corporate household names provide us with impressive new developments in technology that, literally, keep humanity going and alive. But inside the glitzy buildings of these firms work thousands of minds creating and discovering for the benefit of humankind – and their company’s shareholders. Many other firms and workers collaborate in these endeavors through various forms of contracting arrangements that span the globe, some of which are fairer than others. Corporate, employee, and social interests don’t always gel. So, around the creative and scientific work lies a global institutional architecture trying to keep things together. It includes intellectual property and labor laws. But given the fast-paced changes in technology and innovation, these areas of law are constantly trying to catch up. Remaining empirically valid – up with the times – is hard work. Experts in each body of law need to work in their specialized fields, but also together. The goals are to promote new and better incentives for creative and scientific work, with equity in mind, all at a global scale. This book contributes with this endeavor. It brings together an international collection of experts in these two legal fields. They ground the larger community of researchers in an urgent agenda for better, global matches between labor law and intellectual property law that can help reconcile the corporate, employee, and social interests at stake.’
– César F. Rosado Marzán, University of Iowa College of Law, US
Contributors
Contributors include: N. Bruun, T. Cook, A. Hyde, S. Le Cam, N. Lee, M.-L. Mansala, A.L. Monotti, S. Nérisson, S.M. O'Connor, U. Petrusson, A. Quaedvlieg, P. Torremans, W. van Caenegem, L. Zhang
Contents
Contents:

Preface viii

PART I FOUNDATIONS OF EMPLOYEE INTELLECTUAL
PROPERTY – HISTORICAL AND
METHODOLOGICAL PERSPECTIVES
1 Foundations of labour and IP law 2
Niklas Bruun and Marja-Leena Mansala
2 The role of the employee–inventor and the institutional
development of technology-based business 49
Ulf Petrusson
3 Knowledge economy, changing employment relations, and
intellectual property issues 98
Alan Hyde

PART II REGULATORY INTELLECTUAL PROPERTY FRAMEWORK
4 Regulatory development in different fields of IP 113
Marja-Leena Mansala and Niklas Bruun
5 Concepts of authorship and their relevance to IP entitlement –
personalist vs entrepreneurial approaches 132
Antoon Quaedvlieg
6 The curious contrast between corporate authorship and
inventorship in the United States 174
Sean M. O’Connor
7 Collective works in French law 202
Sylvie Nérisson and Stéphanie Le Cam
8 Fairness for all – employee inventions between contract and
legislation in Korea and Japan 217
Nari Lee
9 The interface between employment law and enforcement,
remedies and sanctions 246
Trevor Cook
10 Comparative perspectives on employee inventions: Chinese
developments compared with European, Asian and US models 263
Liguo Zhang

PART III GLOBALIZATION AND NEW CHALLENGES
11 Cross-border business matters and choice of law 293
Paul Torremans
12 Academic employees in universities: who can exploit their
intellectual property? 326
Ann L. Monotti
13 Knowledge mobility, trade secrets and non-competes: lessons
from the common law tradition 361
William van Caenegem

Index

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