Conflict of Laws when Handling Employee Inventions in a Multinational Company with Global R&D and Cross-Border Collaboration

: Anne-Mari Lummevuo

: Katja Weckström

Publisher: University of Turku Faculty of Law

: 2013

: Governing Innovation and Expression: New Regimes, Strategies and Techniques

: Publications of the Faculty of Law at the University of Turku, Private Law Series

: 303

: 325

: 23

: 978-951-29-5368-4

: 0783-2001

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.