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Intellectual Property and Restrictive Covenants

ENCYCLOPEDIA OF LABOR AND EMPLOYMENT LAW AND ECONOMICS, Dau-Schmidt, Harris & Lobel, eds., Edward Elgar Publishing, 2009

San Diego Legal Studies Paper No. 08-059

41 Pages Posted: 17 Aug 2008  

Orly Lobel

University of San Diego School of Law

Date Written: August, 14 2008

Abstract

This chapter, for the forthcoming Encyclopedia of Labor and Employment Law and Economics, provides an overview of legal and economic analysis of contractual and regulatory constraints on the use of knowledge, skill and information acquired during the employment relationship. Three interrelated areas of employment regulation are discussed: (1) Covenants not-to-compete; (2) trade secrets and non-disclosure agreements; and (3) employee inventions, including pre-invention patent assignment agreements. Drawing both on theoretical literature and empirical analyses of different parts of the labor market, the chapter considers the effects of employment-based intellectual property ('EIP') law on market innovation and mobility and analyses recent studies of high velocity markets in relation to EIP law.

Keywords: intellectual property, employment law, human capital, labor markets, high-tech markets, information economy, mobility, innovation, growth, law and economics

JEL Classification: J40, J41, J60, K21, K31, K12, J24, J23, L60, L51

Suggested Citation

Lobel, Orly, Intellectual Property and Restrictive Covenants (August, 14 2008). ENCYCLOPEDIA OF LABOR AND EMPLOYMENT LAW AND ECONOMICS, Dau-Schmidt, Harris & Lobel, eds., Edward Elgar Publishing, 2009 ; San Diego Legal Studies Paper No. 08-059. Available at SSRN: https://ssrn.com/abstract=1226463

Orly Lobel (Contact Author)

University of San Diego School of Law ( email )

5998 Alcala Park
San Diego, CA 92110-2492
United States

HOME PAGE: http://home.sandiego.edu/%7Elobel/

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