Download or read book Trade Secrets and Employee Mobility Volume 44 written by Magdalena Kolasa and published by Cambridge University Press. This book was released on 2018-02-08 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the increasingly knowledge- and innovation-based economy in which the mobility of the workforce is vital, employees and ex-employees are considered to be one of the biggest threats to the existence of trade secrets. The interests of the former parties to the employment relationship are contradictory: employers want to safeguard their competitive position by limiting use of information, and employees want to use that information to pursue their professional career. Magdalena Kolasa analyses existing guidelines that determine the extent to which former employees may use information learned during service. She proposes criteria for a balanced enforcement of trade secrets, discussing the statutory and implicit confidentiality duties, contractual protection, and remedies. Drawing from the laws of Germany, UK, and USA, and considering the EU Trade Secrets Directive, this book advocates an approach which recognises the value and functions of trade secrecy both within companies and in the context of public policy.
Download or read book Trade Secrets and Employee Mobility written by Magdalena Kolasa and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Machine generated contents note: Introduction; 1. Conflict of interests: confidentiality, mobility of employees and innovation policy; 2. Concept of trade secrets; 3. Trade secret, employee's skill and knowledge or public domain information: where to draw the line?; 4. Contractual freedom to regulate use of trade secrets after termination of employment; 5. Remedies
Download or read book Trade Secrets and Employee Mobility written by Magdalena Kolasa and published by Cambridge University Press. This book was released on 2018-02-08 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative analysis of trade secrets enforcement against ex-employees in the EU and USA, aimed at legislators and practitioners.
Download or read book Employees Trade Secrets and Restrictive Covenants written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2016-11-24 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade secrets and post-contractual non-compete clauses (restrictive covenants) are intrinsically linked issues when analysed in the context of past and present employment. While trade secrets have been the object of legislation in a number of major jurisdictions during the last couple of years, post-employment restrictive covenants have been left out of such legislative activity. Still, they have come under increasing scrutiny of economists and may well come into legislative focus in the near future. As the chapters of this book highlight in detail, the approach to the protection of trade secrets, the conditions under which an employer can protect trade secrets and other business interests by way of a restrictive covenant, and the scope within which former employees by using the skills and knowledge can compete with a former employer, hugely differ from jurisdiction to jurisdiction. This is not only so for the effective scope, but also for the underlying doctrinal reasons, making a country-by-country comparison difficult, and a common structure of the chapters a challenge. After all, the topic involves international law (Paris Convention, TRIPS), domestic labour law, domestic sui generis protection, and, most importantly, domestic competition and unfair competition law, a field that up to now has defied all attempts of harmonisation beyond those categories as identified by Friedrich Zoll and implemented as Art. 10bis in the Paris Convention. This book features both comparative and country-specific chapters. The latter cover the major jurisdictions of Europe and Asia, while the former provide a subject-matter analysis by taking into account legislation and case law in a global context.
Download or read book Managing the Legal Nexus Between Intellectual Property and Employees written by Lynda J. Oswald and published by Edward Elgar Publishing. This book was released on 2015-06-29 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Smith V Dravo Corp written by and published by . This book was released on 1953 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Research Handbook on Intellectual Property and Employment Law written by Bruun, Niklas and published by Edward Elgar Publishing. This book was released on 2021-07-31 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Harmonization and Protection of Trade Secrets in the EU written by Jens Schovsbo and published by Edward Elgar Publishing. This book was released on 2020-07-31 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the growing importance of trade secrets in today's society and business and the related increase in litigation, media and scholarly attention, using the new EU Trade Secrets Directive as a prism through which to discuss the complex legal issues involved. Written by a team of international experts, it discusses and analyses national implementation of the Directive and explores the effects of the new regime on contentious issues and crucial sectors such as big data and AI.
Download or read book Trade Secrecy and International Transactions written by Elizabeth A Rowe and published by Edward Elgar Publishing. This book was released on 2015-08-28 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade secret protection has long been of critical strategic importance to business interests and globalization of commerce has driven an increasing need to govern the preservation of confidentiality in international business transactions. This book off
Download or read book The Internet and the Emerging Importance of New Forms of Intellectual Property written by Susy Frankel and published by Kluwer Law International B.V.. This book was released on 2016-05-01 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: The term ‘intellectual property’ has come to include numerous intangible rights beyond the traditional ‘Big Three’ (patent, trademark and copyright) – rights that force us to reconsider and maybe also change the object and purpose of intellectual property (IP). Not only do these rights generally have less solid normative footing and few if any well understood inherent limits, but the borders of their misappropriation are hard to draw. This groundbreaking book scrutinizes the existence of commonalities in this realm, and poses the question of what risks and advantages accrue to such IP or ‘IP-like’ rights. Sixteen distinguished contributors offer in-depth analyses of such rights as the following: - trade secrets; - image and publicity rights; - geographical indications; - traditional knowledge; - protection of databases; and - sports rights and ambush marketing. Recommendations and solutions investigated include the use of specialized courts or judges and of private standards. There are also thoughtful considerations of practices such as forum-shifting and an analysis of the special value of evolving Chinese law as a ‘norm laboratory’. Two chapters discuss the complexities of enforcement. Enforcement impacts substantive intellectual property and can be said to be its own ‘form’ of IP. Practitioners, judges, academics, and policymakers will all welcome this work and value it highly. Its contributors collectively take a giant step toward clarifying and synthesizing one of the most baffling areas of current law both internationally and at national level around the globe.
Download or read book Talent Wants to Be Free written by Orly Lobel and published by Yale University Press. This book was released on 2013-09-30 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a set of positive changes in corporate strategies, industry norms, regional policies, and national laws that will incentivize talent flow, creativity, and growth.
Download or read book Trade Secret Protection written by Kung-Chung Liu and published by . This book was released on 2021-08-11 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, as companies implement strategies to protect their intellectual property in a competitive environment with rapidly developing technology, trade secret protection law has gained increasing importance. This is especially true in Asia, where the staggering commercial value of trade secrets, fierce cross-border competition, and large-scale labour mobility characterize the region's economy. This book - the first systematic study of trade secret protection law covering a number of key Asian jurisdictions - provides a detailed analysis of the relevant statutory and case law of Japan, Korea, China, Taiwan, Thailand, Singapore, Hong Kong, Malaysia, and India. In addition, a chapter on European Union trade secret protection law is included for further purposes of comparison. Thirty-one local experts provide a clear overview of national laws and practices by examining the following aspects of their respective national regimes: requirements of trade secrets; validity and scope of confidentiality and/or non-competition clauses; burden of proof and its shifting or reversal; order for protecting the secrecy of a trade secret during prosecution and trial; civil remedies (injunctive relief and damages); and criminal punishment for trade secret infringement. With its authoritative insights and comprehensive coverage of the dynamic and multifaceted development of trade secret protection law in Asia, the book will be a primer for practitioners, corporate counsels, judges, and scholars concerned with cross-border protection of intellectual assets.
Download or read book Role of Giant Corporations written by United States. Congress. Senate. Select Committee on Small Business. Subcommittee on Monopoly and published by . This book was released on 1969 with total page 888 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Confidential Know how Sharing and Trade secrets Laws written by Yuval Feldman and published by . This book was released on 2004 with total page 798 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Working in Silicon Valley written by Alan Hyde and published by Routledge. This book was released on 2015-06-11 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work examines the relationship between the rapid technological and economic growth characteristic of high technology districts and their distinct labor market institutions - short job tenures, rapid turnover, flat firm hierarchies, weak internal labor markets, high use of temporary labor, unusual uses of independent contracting, little unionization, unusual employee organization (e.g., chat groups, and ethnic organization), unequal income, minimal employment discrimination litigation, flexible compensation (especially stock options), and heavy use of immigrants on short-term visas. The author suggests that while these distinctive labor market institutions are somewhat unorthodox and may present legal problems, they play essential roles in high growth.
Download or read book Research Handbook on the Economics of Labor and Employment Law written by Michael L. Wachter and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔWachter and Estlund have assembled a feast on the economic analysis of issues in labor and employment law for scholars and policy-makers. The volume begins with foundational discussions of the economic analysis of the individual employment relationship and collective bargaining. It then progresses to discussions of the theoretical and empirical work on a wide range of important labor and employment law topics including: union organizing and employee choice, the impact of unions on firm and economic performance, the impact of unions on the enforcement of legal rights, just cause for dismissal, covenants not to compete and employment discrimination. Anyone who wants to study what economists have to say on these topics would do well to begin with this collection.Õ Ð Kenneth G. Dau-Schmidt, Indiana University Bloomington School of Law, US This Research Handbook assembles the original work of leading legal and economic scholars, working in a variety of traditions and methodologies, on the economic analysis of labor and employment law. In addition to surveying the current state of the art on the economics of labor markets and employment relations, the volumeÕs 16 chapters assess aspects of traditional labor law and union organizing, the law governing the employment contract and termination of employment, employment discrimination and other employer mandates, restrictions on employee mobility, and the forum and remedies for labor and employment claims. Comprising a variety of approaches, the Research Handbook on the Economics of Labor and Employment Law will appeal to legal scholars in labor and employment law, industrial relations scholars and labor economists.
Download or read book The New Goliaths written by James Bessen and published by Yale University Press. This book was released on 2022-05-17 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: An approach to reinvigorating economic competition that doesn’t break up corporate giants, but compels them to share their technology, data, and knowledge “Bessen is a master of unpacking the nuances of a complex array of interrelated trends to build a coherent story of how the promise of the democratized Internet ended up under the control of just a few. Read The New Goliaths to see how the forest came to have only room for a few tall trees with the rest of us in the undergrowth.”—Joshua Gans, coauthor of Prediction Machines: The Simple Economics of Artificial Intelligence Historically, competition has powered progress under capitalism. Companies with productive new products rise to the top, but sooner or later, competitors come along with better innovations and disrupt the threat of monopoly. Dominant firms like Walmart, Amazon, and Google argue that this process of “creative destruction” prevents them from becoming too powerful or entrenched. But the threat of competition has sharply decreased over the past twenty years, and today’s corporate giants have come to power by using proprietary information technologies to create a tilted playing field. This development has increased economic inequality and social division, slowed innovation, and allowed dominant firms to evade government regulation. In the face of increasing calls to break up the largest companies, James Bessen argues that a better way to restore competitive balance and dynamism is to encourage or compel these companies to share technology, data, and knowledge.
