A3 Refereed book chapter or chapter in a compilation book
Conflict of Laws when Handling Employee Inventions in a Multinational Company with Global R&D and Cross-Border Collaboration
Authors: Anne-Mari Lummevuo
Editors: Katja Weckström
Publisher: University of Turku Faculty of Law
Publication year: 2013
Book title : Governing Innovation and Expression: New Regimes, Strategies and Techniques
Series title: Publications of the Faculty of Law at the University of Turku, Private Law Series
First page : 303
Last page: 325
Number of pages: 23
ISBN: 978-951-29-5368-4
ISSN: 0783-2001
Abstract
The article discusses patent law hurdles to the protection of employee inventions in situations, where the invention is a product of global R & D and cross-border collaboration in a multinational company. Arising conflicts of law are not traditional conflicts of laws, where ultimately one law applies, but the company must comply with all conflicting or mutually exclusive national laws in order to secure global patent protection. The article highlights junctures at which national law may hinder effective transfer of entitlement from the inventor to the company, which in turn may harm the effective securing of protection of these inventions. The article also addresses the issue of compensation, which may place the company in an awkward position between legal obligations and equality of employees from different countries that have different labor laws. The article offers insight into recognizing potential conflicts as well as examples to solutions that assure compliance, which ultimately secures protection of the fruits of the company's main endeavor.
The article discusses patent law hurdles to the protection of employee inventions in situations, where the invention is a product of global R & D and cross-border collaboration in a multinational company. Arising conflicts of law are not traditional conflicts of laws, where ultimately one law applies, but the company must comply with all conflicting or mutually exclusive national laws in order to secure global patent protection. The article highlights junctures at which national law may hinder effective transfer of entitlement from the inventor to the company, which in turn may harm the effective securing of protection of these inventions. The article also addresses the issue of compensation, which may place the company in an awkward position between legal obligations and equality of employees from different countries that have different labor laws. The article offers insight into recognizing potential conflicts as well as examples to solutions that assure compliance, which ultimately secures protection of the fruits of the company's main endeavor.
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