2nd Workshop on Non-Competes Clauses, Trade Secrets and Mobility
The mobility of knowledge has been identified in many studies as a major driver of innovation performance. Mobile employees draw on knowledge and "know-how" acquired during previous employment when they change employers. Employees' and employers' rights to know-how are regulated, typically not by legislation, but by industry practice, the background law and contractual clauses. The law of trade secrets, confidentiality clauses and in particular non-compete (or 'restraint of trade') clauses have a direct impact on worker, and therefore knowledge, mobility.
Disputes about the use of employee knowledge after termination are resolved in the shadow of these areas of law. Outcomes are often negotiated on the basis of the parties’ assessments and advice about what courts would do.
This invitation-only workshop aims to bring together selected specialists from law, economics and management to share research ideas and results.
In particular, the workshop will consider current law reform proposals and suggestions, focusing on restricting the validity and enforceability of non-compete clauses, but in the wider context of all the surrounding law.
A key feature is the participation of people from divergent legal traditions – Europe, the US, and Australia – in order to facilitate a deeper understanding of the impact of fundamental differences and proposals for reform in different jurisdictions. The cross-disciplinary and cross-cultural nature of the discussion will allow for a more nuanced understanding of this form of regulation than is possible from reading case law.
Date: 13.-14. Dec. 2012 (1.5 days)
Venue: Ludwig-Maximilians-University Munich
William Van Caenegem (Bond University Australia)
Dietmar Harhoff (Ludwig-Maximilians University Munich)
Christopher Arup (Monash University)
Chris Dent (University of Melbourne)
John Howe (University of Melbourne)
Karin Hoisl (Ludwig-Maximilians University Munich)
Prof. Chris Arup, Monash University
Prof. Lee Andrew Bygrave, Norwegian Research Center for Computers and Law, University of Oslo
Prof. William van Caenegem , Bond University
Prof. Chris Dent, University of Melbourne
Dr. Uwe Eiteljörge , EU Commission, DG Internal Market, Fight against Counterfeiting and Piracy
Prof. April M. Franco, Rotman School of Management, University of Toronto
Prof. Dietmar Harhoff, LMU Munich
Prof. Karin Hoisl , LMU Munich
Prof. John Howe, University of Melbourne
Björn Joachim , Wuelfing Zeuner Rechel Attorneys at Law, Hamburg
Prof. Ivan Png , National University of Singapore
Prof. Michael Risch, Villanova University School of Law
Prof. Thomas Roende , Copenhagen Business School
Dr. Richard Schloetter , Reed Smith LLP, Munich
Dr. Nicola Searle , University of Abertay
Sarah Turner, HoganLovells, London
Prof. Hanns Ullrich , Max Planck Institute for Intellectual Property and Competition Law
Prof. Michael Vlassopoulos, School of Social Sciences, University of Southampton
Team Australia acknowledges funding from the Australian Research Council (ARC)
Team Germany acknowledges funding from the Institute for Innovation Research, Technology Management and Entrepreneurship (INNO-tec)