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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Employees' Intellectual Property Rights 2nd ed isbn 9789041192301

Employees' Intellectual Property Rights

Edited by: Sanna Wolk, Kacper Szkalej

ISBN13: 9789041159724
New Edition ISBN: 9789041192301
Published: September 2015
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: Out of print



In today’s knowledge-based global economy, most inventions are made by employed persons through their employers’ research and development activities.

However, methods of establishing rights over an employee’s intellectual property assets are relatively uncertain in the absence of international solutions. Given that increasingly more businesses establish entities in different countries and more employees co-operate across borders, it becomes essential for companies to be able to establish the conditions under which ownership subsists in intellectual property created in employment relationships in various countries.

This comparative law publication describes and analyses employers’ acquisition of employees’ intellectual property rights, first in general and then in depth as manifested in 33 jurisdictions worldwide. The book was developed within the framework of the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels.

Among the issues and topics covered by the 49 distinguished contributors are the following:-

  • different approaches in different law systems;
  • choice of law for contracts;
  • harmonizing international jurisdiction rules;
  • conditions for recognition and enforcement of foreign judgments;
  • employees’ rights in copyright, semiconductor chips, inventions, designs, plant varieties, and utility models on a country-by-country basis;
  • employee remuneration right;
  • parties’ duty to inform; and
  • instances for disputes.
With its wealth of information on an increasingly important subject for practitioners in every jurisdiction, this book is sure to be put to constant use by corporate lawyers and in-house counsel everywhere. It is also exceptionally valuable as a thorough resource for academics and researchers interested in the international harmonization of intellectual property law.

Subjects:
Intellectual Property Law, Employment Law
Contents:
List of Contributors.
List of Abbreviations.
Foreword.
Preface.

Part I A Legislative Overview.
Choice of Law Gyooho Lee.
Jurisdiction Benedetta Ubertazzi.
Recognition and Enforcement of Foreign Judgments Marketa Trimble.

Part IIA National Legal Rules in Europe.
Ownership and Harmonisation Efforts at EU Level Sanna Wolk.
Belgium Hendrik Vanhees.
Finland Niklas Bruun Maria-Leena Mansala.
France Michel Abello Jérôme Tassi Estelle Vard.
Germany Jan Bernd Nordemann Christian Czychowski.
Hungary Gusztáv Bacher.
Italy Andrea Ottolia.
Latvia Ilmars Satovs.
Lithuania Edita Ivanauskiene.
The Netherlands Rogier de Vrey Willem Hoorneman.
Poland Mateusz M. Wozniak.
Portugal Lígia Setúbal.
Slovenia Elizabeta Zirnstein Špelca Mežnar.
Spain Luis-Alfonso Durán Dámaso-José Gallardo.
Sweden Sanna Wolk.
Switzerland Yaniv Benhamou Cyrill Rieder.
Turkey Ekrem Soylu Korcan Dericioglu.
The United Kingdom Belinda Isaac.

Part IIB National Legal Rules in Asia.
China Ella Cheong Li Luo.
Hong Kong Ella Cheong.
Japan Tsugizo Kubo.
Republic of Korea Gyooho Lee.
Singapore Susanna Leong.

Part IIC National Legal Rules in Oceania.
Australia Ann Monotti.

Part IID National Legal Rules in North America.
Canada Norman Siebrasse.
United States of America Joseph Hawley Marketa Trimble Darryl C. Wilson.

Part IIE National Legal Rules in Latin America.
Argentina Martin Bensadon.
Brazil Elisabeth Kasznar Fekete.
Chile Cristóbal Porzio.
Colombia José Roberto Herrera Diaz.
Ecuador Luis Marín Tobar.
Mexico Jorge Gomez Liliana Arellano Jonathan Rangel.
Uruguay Gustavo Fischer.

Part III Summary.
Summary Kacper Szkalej Sanna Wolk.
AIPPI Resolution on Employers’ Rights to Intellectual Property.