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

22 Pages Posted: 29 Jul 2010  

Joellen Riley

The University of Sydney Law School

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.

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

JEL Classification: K10, K30, K31

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

Joellen Riley (Contact Author)

The University of Sydney Law School ( email )

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

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