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

Organizers:

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)

Participants:

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

*Funding:

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)