Business Innovation and the Law

Edited by Marilyn Pittard, the late Ann L. Monotti and John Duns, Monash University Faculty of Law, Australia

• Contents:PrefacePART I: BUSINESS INNOVATION: INTRODUCING THE PERSPECTIVES1. Perspectives and ThemesJohn Duns, Ann L. Monotti and Marilyn Pittard2. Failed Collaborations: The Misappropriation of Business Opportunities, Ideas and Advantages by Prospective Co-venturers, Financiers and BrokersPaul FinnPART II: INVENTIONS AND DISCOVERIES IN BUSINESS: INTELLECTUAL PROPERTY PERSPECTIVES3. Innovation through the Lens of Intellectual Property Law: Rights in Employee InventionsAnn L. Monotti4. Double or Nothing: Technology Transfer under the Bayh-Dole ActRochelle Cooper Dreyfuss5. Establishing Clear Rights in Academic Employee Inventions: Lessons Learnt from University of Western Australia v GrayAnn L. Monotti6. Professional and Academic Employee Inventions: Looking Beyond the UK ParadigmJustine Pila7. EU Perspectives on Employees’ InventionsMarie-Christine JanssensPART III: THE EMPLOYMENT AND LABOUR LAW PERSPECTIVE ON PROTECTING BUSINESS RESEARCH AND DEVELOPMENT8. Innovation through the Lens of Labour and Employment LawMarilyn Pittard9. Resolving Invention Ownership Disputes: Limitations of the Contract of EmploymentMark Freedland and Jeremias Prassl10. The Innovative Worker: Genius, Accidental Inventor or Thief?Marilyn Pittard11. Employees’ Inventions and the Employment Contract: A European Union PerspectiveRiccardo Del Punta12. US Employment Law Perspectives on the Issue of Who Owns an Employee’s InventionRichard Bales13. Taking the Long View on Competition and the Mobile Employee: Lessons from the United States History of Efforts to Regulate Employee Innovation and the Mobility of Workplace KnowledgeCatherine L. FiskPART IV: THE COMPETITION LAW PERSPECTIVE ON PROTECTING BUSINESS RESEARCH AND DEVELOPMENT14. Innovation through the Lens of Competition LawJohn Duns15. Legal Protection of Business Research and Development: Can it Harm Competition?Ray Finkelstein16. Business Innovation and Competition Law: An Australian PerspectiveJohn Duns17. Perspectives from Competition Law PracticeDorothy Livingston18. EU Competition Law, and Research and Development AgreementsRosa GreavesPART V: DEVICES TO PROTECT BUSINESS RESEARCH AND DEVELOPMENT FROM ‘INTERNAL ATTACK’19. Devices at Law to Protect Employers: A Conspectus of ApproachesMarilyn Pittard20. Devices to Restrain Competition and Protect Discoveries and Enforcement: Workplace Policies and Confidentiality AgreementsJohn Hull21. Devices to Restrain Competition and Protect Discoveries and Enforcement: Confidentiality in the Courts and EuropeAlison Firth22. Devices to Restrain Competition and Protect Confidential Information in Employment – Practical and Legal Aspects: An Australian PerspectiveChris Molnar23. The Law and Policy of Non-compete Clauses in the United States and their ImplicationsJay P. Kesan and Carol M. HayesPART VI: PUBLIC SECTOR BUSINESS RESEARCH AND DEVELOPMENT24. Innovation in Public Sector ResearchAnn L. Monotti25. Technology Transfer Law, Policies and Practices at the U.S. National Institutes of HealthClaire T. Driscoll26. Licensing University Intellectual Property: Ownership and Management of Intellectual Property in the United KingdomNoel ByrnePART VII: CORPORATE GOVERNANCE ISSUES AND INNOVATION27. Innovation through the Lens of Corporate GovernanceJohn Duns28. Institutions and Innovation: Is Corporate Governance the Missing Link?Simon Deakin and Andrea MinaIndex