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Working KnowledgeEmployee Innovation and the Rise of Corporate Intellectual Property, 1800-1930$
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Catherine L. Fisk

Print publication date: 2009

Print ISBN-13: 9780807833025

Published to North Carolina Scholarship Online: July 2014

DOI: 10.5149/9780807899069_fisk

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PRINTED FROM UNIVERSITY OF NORTH CAROLINA PRESS SCHOLARSHIP ONLINE (www.northcarolina.universitypressscholarship.com). (c) Copyright University of North Carolina Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in CSO for personal use (for details see www.northcarolina.universitypressscholarship.com/page/privacy-policy).date: 14 November 2018

Introduction

Introduction

Chapter:
(p.1) Introduction
Source:
Working Knowledge
Author(s):

Catherine L. Fisk

Publisher:
University of North Carolina Press
DOI:10.5149/9780807899069_fisk.4

This book begins with a discussion of the right of firms to the intellectual property produced by their employees, which is a foundation of the modern intellectual property regime, and of the business strategy of innovative firms throughout the economy. Today's corporate employer typically insists on contracts claiming the copyrights and patents to works produced both during and after a term of employment by employees and independent contractors. In addition, under the law of trade secrets, firms control current and former employees' use of a wide range of unpatented information, and employers can buttress the protection offered by trade secret law through a noncompete or nondisclosure agreement preventing the employee from working in certain occupations or from using or disclosing certain knowledge. Through the contract of hiring, workers are deemed to sell not only their physical labor and its products but also their intellectual labor and its products, and sometimes even the products of intellectual labor done after the term of employment.

Keywords:   intellectual property, business strategy, innovative firms, employees, independent contractors

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