Commodifying Sheer Talent: Perverse Developments in the Law’s Enforcement of Restrictive Covenants
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
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, K31Accepted Paper Series
Date posted: July 29, 2010
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