TMI Associates’ Post

When employees come up with a patentable invention, they get compensation for this under French Law. Marine Hamon and Julian Huare of Mayer Brown Paris explain for Today's General Counsel about the French Intellectual Property Code (IPC) and what constitutes fair compensation: https://bit.ly/4aHofea #IP #Intellectualproperty #iplaw #employmentlaw #patent #patentlaw

When employees come up with a patentable invention, they get compensation for this under French Law. Marine Hamon and Julian Huare of Mayer Brown explain for Today's General Counsel about the French Intellectual Property Code (IPC) and what constitutes fair compensation: https://bit.ly/4aHofea #IP #Intellectualproperty #iplaw #employmentlaw #patent #patentlaw

When employees come up with a patentable invention, they get compensation for this under French Law. Marine Hamon and Julian Huare of Mayer Brown explain for Today's General Counsel about the French Intellectual Property Code (IPC) and what constitutes fair compensation: https://bit.ly/4aHofea #IP #Intellectualproperty #iplaw #employmentlaw #patent #patentlaw

Are you considering entering the Dutch market? Together with our partner ORYX we believe in more sales in the Netherlands by hiring local sales people! Sign up for our free webinar below, and we will show you how it works. #Interfisc #Netherlands #Dutchpayroll #marketentry

Korea’s updated employee invention system: a win-win for employers and employees http://spr.ly/604659aQ0 Min SON of Hanol Intellectual Property & Law explains a substantial revision to South Korea’s Invention Promotion Act concerning how employers can acquire the rights to job-related inventions created by employees #managingip #patents #koreaip #hanolip

Germany's statutory regulations on employee's invention are perhaps the most detailed and complex in the entire world. While their goal is to strike a balance of interests between the inventor and the employer, the level of detail that is encompassed by these regulations can be astounding, in particular for young start-ups and foreign investors. On October 23, I held a webinar in Japanese on some common practical problems that arise from Germany's Employee Invention Law. Many thanks to Mr. Akira Yoshimori and Mr. Yusuke Nakamura at JETRO Düsseldorf for hosting the seminar and the competent moderation. In the end, there were more than 70 participants from Japanese patent departments across a wide range of industries. Lots of questions - we did about 40 minutes of Q&A after the presentation - showed that there is great interest in this topic. One question stood out: Won't the detailed regulations make companies think twice about establishing an R&D center in Germany? My answer was that employee invention law is only one aspect of such considerations and the goal should be to develop a system of incentives that balances all interests (and, of course, is compliant with local regulations). But in the end, I do agree that fewer regulations in this area would be in the interest of all, including inventors and employers. Now how do you say "#Standortnachteil" and "#Bürokratieabbau" in Japanese? https://lnkd.in/dcqepMM8 #ArbEG

Is the constitutionality of the NLRB in jeopardy❓ The Texas federal judge presiding over 🚀 SpaceX’s challenge to the NLRB cast doubt on the agency’s constitutionality, putting in jeopardy its ability to oversee labor disputes. In April 2024, SpaceX filed a complaint seeking a preliminary injunction to halt an unfair labor practice charge from proceeding against the company. SpaceX argued that the NLRB's Board Members and Administrative Law Judges (ALJs) are likely serving unconstitutionally due to their protection from removal. Court's Rulings: 1️⃣ 𝗣𝗿𝗲𝗹𝗶𝗺𝗶𝗻𝗮𝗿𝘆 𝗜𝗻𝗷𝘂𝗻𝗰𝘁𝗶𝗼𝗻 𝗚𝗿𝗮𝗻𝘁𝗲𝗱 On July 10, 2024, the court granted SpaceX's motion for a preliminary injunction, blocking the NLRB charge. This was followed by a written order on July 24, 2024, formally enjoining the NLRB and its ALJs from proceeding with the charge against. A copy of the order is attached. 2️⃣ 𝗔𝗟𝗝𝘀' 𝗖𝗼𝗻𝘀𝘁𝗶𝘁𝘂𝘁𝗶𝗼𝗻𝗮𝗹𝗶𝘁𝘆 The court found that SpaceX is likely to succeed in showing that NLRB ALJs are unconstitutionally insulated from removal. This conclusion was based on the precedent set in a case called 𝘑𝘢𝘳𝘬𝘦𝘴𝘺 𝘷. 𝘚𝘦𝘤. & 𝘌𝘹𝘤𝘩. 𝘊𝘰𝘮𝘮’𝘯, which ruled that the double-layer protection from removal for SEC ALJs was unconstitutional. NLRB ALJs have a similar double-layer protection. 3️⃣ 𝗡𝗟𝗥𝗕 𝗠𝗲𝗺𝗯𝗲𝗿𝘀' 𝗖𝗼𝗻𝘀𝘁𝗶𝘁𝘂𝘁𝗶𝗼𝗻𝗮𝗹𝗶𝘁𝘆 The court also found that SpaceX is likely to succeed in arguing that NLRB Members are unconstitutionally insulated from removal. NLRB Members can only be removed for "neglect of duty or malfeasance in office," a standard the court found to be overly restrictive compared to the standards applied to other regulatory commissioners. 4️⃣ 𝗦𝗲𝘃𝗲𝗿𝗮𝗻𝗰𝗲 𝗔𝗿𝗴𝘂𝗺𝗲𝗻𝘁 𝗥𝗲𝗷𝗲𝗰𝘁𝗲𝗱 The NLRB had argued that instead of a preliminary injunction, the unconstitutional provisions should be severed from the rest of the law. The court rejected this, stating that it was premature to consider severance before determining whether the statute as written was unconstitutional. 𝗡𝗼𝘄 𝗪𝗵𝗮𝘁❓ The NLRB is prohibited from proceeding with the charges against SpaceX and other employers while the lawsuits continue. However, they do not constitute nationwide injunctions against the NLRB’s operations. It is expected that there will be appeals and a potential increase in petitions for injunctive relief, particularly in states under the Fifth Circuit's jurisdiction. There could also be a rise in challenges to NLRB rules and practices. #law #employmentlaw #nlrb

Help … I want to settle a dispute with an employee by entering into a settlement agreement: what, why and when? 📝 To settle a dispute arising during the employment relationship or, more commonly, when an employment relationship comes to an end, it can be useful for the employer to enter into a settlement agreement with the employee. During our upcoming webinar, we will offer practical insights on how to approach these settlement agreements effectively to avoid that employees launch any claims afterwards. We will cover key topics like: 🔍 When is a waiver clause valid, and can an employee waive all their rights? ✍️ What clauses are possible or recommended? 📜 How do you practically handle a settlement agreement negotiation? 💡 Join us for an in-depth discussion led by our experts: Mieke D'hanis and Julie Strauven (Dutch session on Tuesday, 3 December from 12:30 to 14:00), and Pauline Van Parys and Thomas Gellaerts (French session on Thursday, 5 December from 12:30 to 14:00). 🔗 More info and registration: https://lnkd.in/eG9b5uH8 #ALTIUS #Employment #Webinar #SettlementAgreement #HRCompliance

https://lnkd.in/gNRfd-Py Many senior executive employment contracts contain restrictive covenants, such as non-compete clauses. However, for various reasons, examples of court injunction applications seeking to enforce such restrictions are relatively rare. This example is therefore interesting. Here, the High Court granted the employer a temporary injunction until the full hearing of the matter, currently scheduled for July. Notably, the employer provided an undertaking to continue paying the employee's salary beyond his termination of employment date and until the conclusion of the trial of the matter. The court rejected the suggestion that the employer was guilty of delay in bringing its application, with the resignation apparently having been notified in January. Injunction applications are determined on an urgent basis and are not a full hearing of the matter. If the full hearing does indeed occur in due course, the ultimate decision will make essential reading for those interested in this area. In the meantime though, the fact of this injunction is significant and, as mentioned, a relatively rare example.

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