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A Practical Guide to the Ownership of Employee Inventions – From Entitlement to Compensation

A Practical Guide to the Ownership of Employee Inventions – From Entitlement to Compensation

Author: James Tumbridge; Ashley Roughton
Publisher: Law Brief Publishing
ISBN: 9781913715250
Published In: December 2020
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 419.86

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Description
Contents

Details

Businesses need to understand the value in inventions, but do not always fully appreciate the relationship between their employees, the inventions they create and who owns the result. In this book, oriented to the business executive and written in straightforward language we guide the reader through the detail and procedures relating to employee inventions, explaining under what circumstances a person is a relevant employee so that their inventions become those of their employers. The law is specified in the Patents Act 1977 but there are circumstances where the factual position as to who is an employee, and whether their invention belongs to an employer is not so clear cut. The commentary takes the reader through a series of cases and a course of commentary to explain this area of law.

There has also been recent judicial attention as to the level of compensation which ought to be paid to employees for inventions that benefit their employer. We explain the concept of making a contribution which is of outstanding benefit to the employer, and in what circumstances the employer’s benefits deriving from the invention, the patent for it or both can then require a fair share to be paid to the employee. What was a little known part of patent law has been brought to the fore by this book and is given the prominence and explanation that it deserves.

Chapter 1 – Introduction

Chapter 2 – General Summary

Chapter 3 – The Relationship Between Employer and Employee and the Notion of a Worker

Chapter 4 – Employee Inventions Arising Under the Patents Act 1977 and the European Patents Convention

Chapter 5 – Employee Inventions Arising in Equity

Chapter 6 – Employee Inventions and Assignments

Chapter 7 – Entitlement

Chapter 8 – The Employee as the Proprietor and the Duty to Account

Chapter 9 – The Employer as the Proprietor and the Obligation to Compensate