Journal article

Legal Incentives to Promote Innovation at Work: A Critical Analysis

Chris Dent, Colin Fenwick, Kirsten Newitt

The Economic and Labour Relations Review | SAGE Publications | Published : 2010


The allocation of any benefit that arises from worker-generated innovation is complicated by the importance of three separate areas of law — employment law, intellectual property law and equity — and the distinction between those types of innovation that attract intellectual property rights and those types that do not (the latter being a category that is often referred to as ‘know-how’). The purpose of this article is to engage with the legal scholarship on the principles that are relevant to innovation. To date, the discussion has focused on two distinct approaches — what may be termed the economic and the fairness perspectives. The former may be seen as a justification for the current regi..

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