INTELLECTUAL PROPERTY POLICY REFORM: FOSTERING INNOVATION AND DEVELOPMENT, C. Arup, W. van Caenegem, eds., pp. 267-284, Edward Elgar, 2009
22 Pages Posted: 29 Jul 2010
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.
Keywords: restrictive covenants, restraints of trade, employment contracts, non-compete clauses, competition
JEL Classification: K10, K30, K31
Suggested Citation: 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: https://ssrn.com/abstract=1649877