‘For a Mess of Pottage’: Incentivizing Creative Employees toward Improved Competitiveness

Posted: 3 Apr 2017

See all articles by Shlomit Yanisky-Ravid

Shlomit Yanisky-Ravid

Yale Law School; ONO Academic College; Yale University - Information Society Project; Fordham University, School of Law

Date Written: March 12, 2017


Managing employees’ talent, promoting innovation, and improving productivity are critical challenges for organizations. Creative employees and the innovative products they develop can make a tremendous contribution to an organization’s success and competitive position. While employed inventors play an extremely important role in the production of an organization’s technological innovations, they are often either unrewarded or insufficiently rewarded for their achievements. The analysis and recommendations in this study present the argument that, contrary to common workplace practice, employers should consider a more employee-centric approach to intellectual property (“IP”) rights and other benefits. This will foster innovation within the workplace and encourage the development of successful IP products. In particular, employers should reconsider the current rigid practice of requiring employees to transfer all future product IP rights to the firm without significant compensation as well as the overall tendency to avoid attributing IP products to employed inventors. The need for such reform will prove critical in the digital era, especially in times of economic slowdown.

Keywords: Intellectual Property, Theoretical Justifications, Law and Economics, Employment, Inventors, Employed Inventor, Innovation, Personality Approach

Suggested Citation

Yanisky-Ravid, Shlomit, ‘For a Mess of Pottage’: Incentivizing Creative Employees toward Improved Competitiveness (March 12, 2017). Available at SSRN: https://ssrn.com/abstract=2931841

Shlomit Yanisky-Ravid (Contact Author)

Yale Law School ( email )

127 Wall Street
New Haven, CT 06511
United States

ONO Academic College ( email )

Tzahal Street 104
Kiryat Ono, 55000

Yale University - Information Society Project ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

Fordham University, School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States

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