INTELLECTUAL PROPERTY & EMPLOYEES' RIGHTS

Transcription

1 INTELLECTUAL PROPERTY & EMPLOYEES' RIGHTS THOMAS T. MOGA Dickinson Wright PLLC The Role of Intellectual Property and Innovation in Economic Growth Ministry of Economy, Labour and Entrepreneurship Zagreb, Croatia 22 September 2004

2 Scope of issue Overview

3 Overview Scope of issue Global nature

4 Overview Scope of issue Global nature Increasing importance, increasing complexity

5 Overview Scope of issue Global nature Increasing importance, increasing complexity Impacts the four concepts that define intellectual property Patents Trademarks Copyrights Trade Secrets

6 Patent defined Patents

7 Patents Patent defined Patents as intellectual property of the inventor(s)

8 Patents Patent defined Patents as intellectual property of the inventor(s) Exceptions: "employed to invent" "shop rights"

9 Trademark defined Trademarks

10 Trademarks Trademark defined Registration & the employer

11 Trademarks Trademark defined Registration & the employer Use & the employer

12 Copyright defined Copyrights

13 Copyrights Copyright defined "works for hire" Definition of employee Scope of employment

14 Copyrights Copyright defined "works for hire" Definition of employee Scope of employment Additional copyright concepts Derivative work Fair use

15 Trade Secret defined Trade Secrets

16 Trade Secrets Trade Secret defined Responsibilities of employer

17 Trade Secrets Trade Secret defined Responsibilities of employer Use of accessible intellectual property by employee

18 Controlling the Relationship: the Employee Agreement Terms of agreement

19 Controlling the Relationship: the Employee Agreement Terms of agreement Defining what is "confidential"

20 Controlling the Relationship: the Employee Agreement Terms of agreement Defining what is "confidential" Defining "employee obligations" Employees hired to "invent" or "create" Employees hired to manage the interest Employees hired to do neither, but happen to "invent" or "create" anyway

21 Controlling the Relationship: the Employee Agreement Terms of agreement Defining what is "confidential" Defining "employee obligations" Defining "ownership"

22 Enforcement After the Employee Departs Restrictions

23 Enforcement After the Employee Departs Restrictions What information the departing employee can take advanced skills and job knowledge

24 Enforcement After the Employee Departs Restrictions What information the departing employee can take advanced skills and job knowledge Controlling law

25 Employees' Rights Under the IP Regime of the Sixth Framework Programme (FP6) Ownership of knowledge under the FP6 Joint ownership Transfer of ownership

26 Employees' Rights Under the IP Regime of the Sixth Framework Programme (FP6) Ownership of knowledge under the FP6 Pre-existing knowledge Sources of knowledge Impact of pre-existing knowledge

27 Employees' Rights Under the IP Regime of the Sixth Framework Programme (FP6) Ownership of knowledge under the FP6 Pre-existing knowledge Protection of knowledge Publication & dissemination of information Confidentiality

28 Employees' Rights Under the IP Regime of the Sixth Framework Programme (FP6) Ownership of knowledge under the FP6 Pre-existing knowledge Protection of knowledge General principles of access rights Pre-existing knowledge excluded Use of access rights Exclusivity Joint research units

29 Employees' Rights Under the IP Regime of the Sixth Framework Programme (FP6) Ownership of knowledge under the FP6 Pre-existing knowledge Protection of knowledge General principles of access rights The use of knowledge Activities related to innovation

30 Employees' Rights Under the IP Regime of the Sixth Framework Programme (FP6) Ownership of knowledge under the FP6 Pre-existing knowledge Protection of knowledge General principles of access rights The use of knowledge Activities related to innovation

31 Thank you Questions? Please contact me at: