Right to employee inventions in patent law, Kazuhide Odaki, Odaki
Автор: Odaki Kazuhide Название: Right to Employee Inventions in Patent Law ISBN: 1509920315 ISBN-13(EAN): 9781509920310 Издательство: Bloomsbury Academic Рейтинг: Цена: 12672.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
Although employers are required to pay compensation for employee inventions under the laws in many countries, existing legal literature has never critically examined whether such compensation actually gives employee inventors an incentive to invent as the legislature intends.
This book addresses the issue through reference to recent, large-scale surveys on the motivation of employee inventors (in Europe, the United States and Japan) and studies in social psychology and econometrics, arguing that the compensation is unlikely to boost the motivation, productivity and creativity of employee inventors, and thereby encourage the creation of inventions. It also discusses the ownership of inventions made by university researchers, giving due consideration to the need to ensure open science and their academic freedom.
Challenging popular assumptions, this book provides a solution to a critical issue by arguing that compensation for employee inventions should not be made mandatory regardless of jurisdiction because there is no legitimate reason to require employers to pay it. This means that patent law does not need to give employee inventors an 'incentive to invent' separately from the 'incentive to innovate' which is already given to employers.
Автор: Walter Kolvenbach Название: Employee Councils in European Companies ISBN: 378754013X ISBN-13(EAN): 9783787540136 Издательство: Springer Рейтинг: Цена: 12157.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
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.
ABOUT THE AUTHORS
James Tumbridge is a barrister and an Intellectual Property Litigation partner at Venner Shipley, a European Intellectual Property firm. James has been a litigator for 20 years, and has extensive experience in commercial litigation, intellectual property and alternative dispute resolution. He has a uniquely international experience having worked and appeared in courts in the USA, Canada, the UK and British Overseas territories. He is the author of 'Tumbridge's Guide to Legal Qualification: The Common Law World', and a co-author of 'Drafting Patents for Litigation and Licensing'; and co-author of 'Privilege and Professional Confidences: An International Review'.
Ashley Roughton is a practicing barrister and has been in practice in technology based areas of law, principally Intellectual Property law and competition for over 25 years. He is also a teaching member of the department of Law at Queen Mary, University of London. Ashley is a co-author of the competition annex of the CIPA guide and also writes a number of chapters for both 'The Modern Law of Trade Marks' and 'The Modern Law of Patents' (of which he is chief editor).
CONTENTS
1.Introduction
2.General Summary
3. The Relationship Between Employer and Employee and the Notion of a Worker
4. Employee Inventions Arising Under the Patents Act 1977 and the European Patents Convention
5. Employee Inventions Arising in Equity
6. Employee Inventions and Assignments
7. Entitlement
8. The Employee as the Proprietor and the Duty to Account
9. The Employer as the Proprietor and the Obligation to Compensate
Автор: Kupzok, Agnieszka Название: Enforcement of patents on geographically divisible inventions ISBN: 3631655576 ISBN-13(EAN): 9783631655573 Издательство: Peter Lang Рейтинг: Цена: 15679.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This work investigates the challenges of enforcement of patent rights in geographically divisible inventions. It considers aspects of technological progress which pose challenges to the established system of patent protection based on the territorial limitation of rights. The analysis focuses on substantive patent law, especially on the infringement provisions. It is carried out in the context of Internet-related inventions, which demonstrate an extraordinarily construed technical nature, namely geographical divisibility. This leads to the inquiry of whether the infringement standard is appropriate in relation to the technological development in ICTs.
Автор: Bernd Waas, Guus Heerma van Voss Название: Restatement of Labour Law in Europe: Vol I: The Concept of Employee ISBN: 1509912444 ISBN-13(EAN): 9781509912445 Издательство: Bloomsbury Academic Рейтинг: Цена: 35640.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
The concept of 'employee' is arguably the most important one in labour law, defining, as it does, the scope of the discipline as a whole. This important new publication aims to develop a restatement of the concept of the employee in European labour law. The study identifies both problems and solutions that have emerged, clearly setting out comparisons between the different member states' approaches. The country reports explore both statutes and case law, tracking their contribution to legal doctrine. The objective of the restatement is to increase knowledge and gain a better understanding of one of the most crucial aspects of European labour law.
Assistant Editors: - Marta Otto - Effrosyni Bakirtzi
Автор: Kirchner Название: Transfer of Business and Acquired Employee Rights ISBN: 3662490056 ISBN-13(EAN): 9783662490051 Издательство: Springer Рейтинг: Цена: 15372.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book provides practical, business-orientated and accessible guidance on key employment and labour law aspects in national and international transfers of business in the European Union, its member states and selected important countries around the world. It contains a comprehensive overview of relevant topics such as safeguarding of employees' rights, impacts on employees' representatives and on collective agreements, company pension entitlements, insolvency, M&A transactions and cross-border transfers of business for each country covered. This overview is accompanied by summaries of leading case law and excerpts of important national regulations.Transfers of business play an important role in today's globalised business world. In particular, employment and labour impacts of transfers of businesses are often a driving legal and business factor in national and international restructurings and M&A transactions. The successful implementation of transfers of business requires to recognise and comply with the relevant legal frameworks of the countries involved. This publication is written by specialised employment lawyers from around the globe and addresses in-house counsels, human resources managers and legal advisors in charge of or accompanying national or international transactions.
Автор: Richard J. Butler Название: The Economics of Social Insurance and Employee Benefits ISBN: 1461372356 ISBN-13(EAN): 9781461372356 Издательство: Springer Рейтинг: Цена: 20962.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: It also includes those benefits voluntarily provided by firms including: group medical care, disability benefits, paid sick time, pension benefits, life insurance, and assorted other fringe benefits.
Автор: Hadwiger Название: Contracting International Employee Participation ISBN: 3319710982 ISBN-13(EAN): 9783319710983 Издательство: Springer Рейтинг: Цена: 16070.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In the last two decades, multinational companies (MNCs) and global union federations (GUFs) have started to negotiate so-called global framework agreements (GFAs) which define minimum standards for labor conditions across their locations.
From the dawn of the twentieth century to the early 1960s, public-sector unions generally had no legal right to strike, bargain, or arbitrate, and government workers could be fired simply for joining a union. Public Workers is the first book to analyze why public-sector labor law evolved as it did, separate from and much more restrictive than private-sector labor law, and what effect this law had on public-sector unions, organized labor as a whole, and by extension all of American politics. Joseph E. Slater shows how public-sector unions survived, represented their members, and set the stage for the most remarkable growth of worker organization in American history. Slater examines the battles of public-sector unions in the workplace, courts, and political arena, from the infamous Boston police strike of 1919, to teachers in Seattle fighting a yellow-dog rule, to the BSEIU in the 1930s representing public-sector janitors, to the fate of the powerful Transit Workers Union after New York City purchased the subways, to the long struggle by AFSCME that produced the nation's first public-sector labor law in Wisconsin in 1959. Slater introduces readers to a determined and often-ignored segment of the union movement and expands our knowledge of working men and women, the institutions they formed, and the organizational obstacles they faced.
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