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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. Leading academic experts
examine the most crucial building blocks of the regulation of
employee IP, such as authorship, inventorship and creatorship, as
well as individual, corporate and collective works. Chapters focus
on US and European law, but also offer insights from Chinese,
Japanese and Korean law. The Research Handbook also tackles new and
developing global challenges in the field, including labour
mobility, trade secrets, non-compete clauses, university employees,
cross-border business matters, and choice of law issues. Scholars
and students in both IP and labour law, and particularly those
working at the intersection of these fields, will find this
Research Handbook invaluable. It will also provide important
insights for legislators, business practitioners and university
management.
To a large extent, the global proliferation of IP laws in general
and the development of Chinese IP law in particular can be
described in terms of legal transplants. This remarkable book
edited by Nari Lee, Niklas Bruun and Mingde Li is breaking new
ground in the study of these phenomena. First, it provides a
thorough theoretical introduction to legal transplants and the
concept of governance. Second, it assembles case studies concerning
timely topics in copyright, patent, and trade mark law, which
illuminate that China is as well a 'norm-taker' as it increasingly
becomes a 'norm-maker'. The studies are mostly written jointly by
Chinese and non-Chinese authors. This pioneering approach brings
together the two perspectives that are also pertinent in the
process of transplantation, indigenization and transformation of IP
laws. The collection thereby sets a new standard in the study of
comparative IP law. It is an indispensable resource for everyone
interested in Chinese and European IP law.' - Alexander Peukert,
Goethe University, Frankfurt am Main, Germany'Governance of
Intellectual Property Rights in China and Europe is a timely
analysis of the ongoing transformation of China, from a
manufacturing to a knowledge-based economy, mirrored in the
transplant, application and evolution of its IP laws. The book is
even more remarkable as the contributions are written to a great
extent in co-authorship by Chinese and European scholars, providing
a unique blend of opinions and legal comparative analysis on the
subject. An exciting and thought-provoking volume!' - Stefan
Luginbuehl, PhD, Attorney at Law, Lawyer at the European Patent
Office Intellectual property (IP) law has been widely discussed in
recent scholarship, though many recent works explore the topic from
a largely descriptive perspective. This book provides an analytical
and comparative study of Chinese and European IP law, as well as an
analysis of system reforms in China. The book highlights, in three
parts, intellectual property for innovation and creativity in
China, comparing concepts and norms in Chinese and European IP law,
and governance of practices and IP enforcement. Demonstrating that
the governance of IP rights requires the adoption of a set of
norms, the contributors also argue that success is dependent on a
transformation of the perspectives and implementation. Students and
scholars of IP law, and Chinese IP law in particular, will find
this book to be a valuable resource to their work. It will also be
of interest to IP practitioners looking for an insight into system
reforms in China. Contributors include: D.O. Acquah, R.M.
Ballardini, N. Bruun, Y. Guan, K. He, K. Larson, N. Lee, M. Li, Y.
Li, M. Oker-Blom, B.P.-W. Liu, L. Tammenlehto, W. Wu, P.K. Yu, L.
Zhang, Q.-S. Zhao, Y. Zhao, L. Zhou
This book explores the challenges of globalisation and
digitalisation to labour law and social security under three
headings. The first, "The changing foundations of labour law"
focuses on the law itself. Here the authors discuss how a changing
political setting influences the very foundations of contemporary
labour law. The contributions in the second section, "Precarious
work - the new normative model?", deal with the challenges that
various new business models put to regulating working life and
social welfare. The contributions in the final section, "New forms
of labour mobility", treat the difficulties related to the
protection of workers who move over borders between countries and
continents. The book is a contribution to the ongoing debate on the
future of labour law.
This collection addresses the potential of the European Social
Charter to promote and safeguard social rights in Europe. Drawing
on the expertise of the ETUI Transnational Trade Union Rights
expert network from across Europe, it provides a comprehensive
commentary on these fundamental rights. Taking a two part approach,
it offers an in-depth legal analysis of the European Social Charter
as a new social constitution for Europe, investigating first the
potential of the general legal frame in which the Charter is
embedded. In the second phase a series of social rights which are
related to the employment relation are examined in particular in
light of the jurisprudence of the European Committee of Social
Rights (ECSR), to demonstrate the crucial but difficult role of the
Charter's supervisory bodies to secure the respect and promotion of
social rights and national level, bearing in mind the reciprocal
influence of other international social rights instruments. This
examination is timely, given the pressure exerted on those rights
during the recent period of economic crisis. Furthermore, in the
light of the predominantly economic vision of Europe, such analysis
is crucial. The collection is aimed at stimulating academic
scrutiny and raising awareness amongst practitioners and trade
unions about this important and equally necessary anchor of the
social dimension of Europe in legal and political practice.
This collection addresses the potential of the European Social
Charter to promote and safeguard social rights in Europe. Drawing
on the expertise of the ETUI Transnational Trade Union Rights
expert network from across Europe, it provides a comprehensive
commentary on these fundamental rights. Taking a two part approach,
it offers an in-depth legal analysis of the European Social Charter
as a new social constitution for Europe, investigating first the
potential of the general legal frame in which the Charter is
embedded. In the second phase a series of social rights which are
related to the employment relation are examined in particular in
light of the jurisprudence of the European Committee of Social
Rights (ECSR), to demonstrate the crucial but difficult role of the
Charter's supervisory bodies to secure the respect and promotion of
social rights and national level, bearing in mind the reciprocal
influence of other international social rights instruments. This
examination is timely, given the pressure exerted on those rights
during the recent period of economic crisis. Furthermore, in the
light of the predominantly economic vision of Europe, such analysis
is crucial. The collection is aimed at stimulating academic
scrutiny and raising awareness amongst practitioners and trade
unions about this important and equally necessary anchor of the
social dimension of Europe in legal and political practice.
This book by the ETUI Transnational Trade Union Rights Expert
Network analyses enforcement as a key element making EU labour law
effective or ineffective. Enforcement is the key ingredient that
makes rights effective and ensures compliance. It can make or break
a legal system. Despite this, enforcement of EU labour law has
received little scholarly attention in recent decades and has
rarely been examined in a comprehensive way. This book aims to fill
this gap. Intended for academics and practitioners alike, the book
adopts a threefold approach to examine this issue. First of all, it
explores the idea of effective enforcement and sets out the wider
context in which EU labour law enforcement takes place. Secondly,
it analyses how enforcement operates in particular areas, including
non-discrimination, health and safety, information and consultation
rights, and the rights of migrating workers. Thirdly, it critically
assesses the role of specific actors (in particular collective
actors like trade unions, as well as whistle-blowers and the
European Labour Authority) and settings (public procurement,
economic and monetary policy) regulated by EU law. Drawing on the
insights produced by these analyses, the book concludes by
proposing a comprehensive Draft for a Model Directive on 'Effective
Enforcement of EU Labour Law' as an inspiration for policy
development and scholarly debate in this area.
The current economic and financial crisis erupted several years
ago. Its effects impacted deeply upon society, in which legal rules
and social patterns have developed to enable the establishment of
civilisation, justice and peace. Over time it has become more and
more obvious that policy, financial and economic actors have
adopted austerity measures as a main tool to solve the ensuing
problems, and that these measures have hit social policy standards
sometimes dramatically. Recent analyses have dealt with several
aspects of this issue. This book focuses on one important element:
the impact on collective labour law. It seeks to add to the debate
by presenting mainly legal arguments derived from different sources
and backgrounds, examining the EU and 'Troika' measures, the
economic and political background and the sometimes dramatic
consequences of austerity measures on democracy, collective
bargaining and the right to strike. Against the framework of EU
law, the relevant ILO Conventions, (Revised) European Social
Charter and European Convention on Human Rights provisions, the
non-compliance of these measures is analysed and demonstrated. The
book is also dedicated to procedural questions, and in particular,
how legal approaches may be used to challenge austerity measures.
On 1 December 2009 the Treaty of Lisbon entered into force.
Although often described as primarily technical, it significantly
amended the Treaty on the European Union (TEU) and the old EC
Treaty (now the Treaty on the Functioning of the European Union,
TFEU). The authors' aim in this book is to explore what the Treaty
means for social law and social policy at the European level. The
first part of the book on the general framework looks - at a time
of financial crisis - for new foundations for Europe's Social
market economy, questions the balance between fundamental social
rights and economic freedoms, analyses the role of the now binding
Charter of Fundamental Rights, maps the potential impact of the
horizontal clauses on social policy and addresses the possibilities
for social partners to enlarge their role in labour law and
industrial relations. The second part, on the social framework of
the Treaty, focuses on the development of the Union's competences.
In it the authors evaluate the consequences of the new general
framework on social competences, analyse the evolution of the
principle of subsidiarity and its impact in the new Treaty, look at
the coordination of economic policies in the light of fundamental
rights, and analyse the adoption in the Treaty of a new
architecture for services of general interest.
This book by the ETUI Transnational Trade Union Rights Expert
Network analyses enforcement as a key element making EU labour law
effective or ineffective. Enforcement is the key ingredient that
makes rights effective and ensures compliance. It can make or break
a legal system. Despite this, enforcement of EU labour law has
received little scholarly attention in recent decades and has
rarely been examined in a comprehensive way. This book aims to fill
this gap. Intended for academics and practitioners alike, the book
adopts a threefold approach to examine this issue. First of all, it
explores the idea of effective enforcement and sets out the wider
context in which EU labour law enforcement takes place. Secondly,
it analyses how enforcement operates in particular areas, including
non-discrimination, health and safety, information and consultation
rights, and the rights of migrating workers. Thirdly, it critically
assesses the role of specific actors (in particular collective
actors like trade unions, as well as whistle-blowers and the
European Labour Authority) and settings (public procurement,
economic and monetary policy) regulated by EU law. Drawing on the
insights produced by these analyses, the book concludes by
proposing a comprehensive Draft for a Model Directive on 'Effective
Enforcement of EU Labour Law' as an inspiration for policy
development and scholarly debate in this area.
The nature and content of intellectual property (IP) law, which is
heavily contingent on the state of technology and on social and
market developments, has always been subject to ongoing
transitions. How those transitions are effected and the shape they
take is crucial to the ability of IP to achieve its stated goals
and provide the necessary climate for investment in creativity,
innovation and brand differentiation. Yet the need for change can
run headlong into a desire for coherence. A search for coherence
tests the limits of the concept of "intellectual property," is
imperiled by overlaps between different IP regimes, and calls for a
unifying normative theme. This volume assembles contributors from
across IP and the globe to explore these questions, including
whether coherence is desirable. It should be read by anyone
interested in understanding the conceptual underpinnings of one of
the most important and dynamic areas of the law.
The current economic and financial crisis erupted several years
ago. Its effects impacted deeply upon society, in which legal rules
and social patterns have developed to enable the establishment of
civilisation, justice and peace. Over time it has become more and
more obvious that policy, financial and economic actors have
adopted austerity measures as a main tool to solve the ensuing
problems, and that these measures have hit social policy standards
sometimes dramatically. Recent analyses have dealt with several
aspects of this issue. This book focuses on one important element:
the impact on collective labour law. It seeks to add to the debate
by presenting mainly legal arguments derived from different sources
and backgrounds, examining the EU and 'Troika' measures, the
economic and political background and the sometimes dramatic
consequences of austerity measures on democracy, collective
bargaining and the right to strike. Against the framework of EU
law, the relevant ILO Conventions, (Revised) European Social
Charter and European Convention on Human Rights provisions, the
non-compliance of these measures is analysed and demonstrated. The
book is also dedicated to procedural questions, and in particular,
how legal approaches may be used to challenge austerity measures.
The nature and content of intellectual property (IP) law, which is
heavily contingent on the state of technology and on social and
market developments, has always been subject to ongoing
transitions. How those transitions are effected and the shape they
take is crucial to the ability of IP to achieve its stated goals
and provide the necessary climate for investment in creativity,
innovation and brand differentiation. Yet the need for change can
run headlong into a desire for coherence. A search for coherence
tests the limits of the concept of "intellectual property," is
imperiled by overlaps between different IP regimes, and calls for a
unifying normative theme. This volume assembles contributors from
across IP and the globe to explore these questions, including
whether coherence is desirable. It should be read by anyone
interested in understanding the conceptual underpinnings of one of
the most important and dynamic areas of the law.
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