Commodifying Sheer Talent: Perverse Developments in the Law’s Enforcement of Restrictive Covenants

Riley, Joellen

Abstract

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Commodifying Sheer Talent: Perverse Developments in the Law’s Enforcement of Restrictive Covenants

Joellen Riley

University of Sydney - Faculty of Law

INTELLECTUAL PROPERTY POLICY REFORM: FOSTERING INNOVATION AND DEVELOPMENT, C. Arup, W. van Caenegem, eds., pp. 267-284, Edward Elgar, 2009
Sydney Law School Research Paper No. 10/65

Abstract:
This chapter (prepared initially for a workshop on intellectual property law and innovation held at Bond University in 2007) mounts an argument for why the law on restrictive covenants in employment contracts in Australia should be reviewed, to re-enliven the ancient common law doctrine making illegal restraints of trade that are contrary to the public interest in free movement of workers, and free development of innovative ideas and practices.

Number of Pages in PDF File: 22

Keywords: restrictive covenants, restraints of trade, employment contracts, non-compete clauses, competition

JEL Classification: K10, K30, K31

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Date posted: July 29, 2010

Suggested Citation

Riley, Joellen, Commodifying Sheer Talent: Perverse Developments in the Law’s Enforcement of Restrictive Covenants. INTELLECTUAL PROPERTY POLICY REFORM: FOSTERING INNOVATION AND DEVELOPMENT, C. Arup, W. van Caenegem, eds., pp. 267-284, Edward Elgar, 2009; Sydney Law School Research Paper No. 10/65. Available at SSRN: http://ssrn.com/abstract=1649877

Contact Information

Joellen Riley (Contact Author)

University of Sydney - Faculty of Law ( email )

Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
+61 2 9351 0205 (Phone)
+61 2 9351 0200 (Fax)