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Managing the Legal Nexus Between Intellectual Property and Employees

Managing the Legal Nexus Between Intellectual Property and Employees

Author: Lynda J. Oswald, Marisa Anne Pagnattaro; Josiah Meigs
Publisher: Edward Elgar Publishing
ISBN: 9781783479252
Published In: June 2015
Format: Hardback , 320 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

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.

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.

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