01 Jan This week, you will revise the first part of the paper according to your instructor’s comments.

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Emerging Employee Rights and Responsibilities in Intellectual Property

Emerging Employee Rights and Responsibilities in Intellectual Property

The relationship between employee rights and responsibilities regarding intellectual property (IP) has become increasingly important in the dynamic world of modern workplaces characterized by technological advancements and collaborative frameworks. Traditional intellectual property boundaries need to be reevaluated in light of the rise in remote work and digital collaborations (Lemley et al., 2020). By navigating the complex terrain, this research study seeks to understand the changing dynamics between workers and intellectual property. Examining the impact of technological advancements and legal frameworks, it aims to clarify important aspects of intellectual property, creativity, and the need for fair rights in a dynamic workplace.

The selected topic has strategic value in illuminating the complex aspects of employee participation in developing, applying, and safeguarding intellectual property against the backdrop of these revolutionary changes. A careful examination of newly emerging rights and responsibilities is required due to the complex interplay between protecting individual and corporate interests and promoting innovation. This research is well-positioned to provide important insights into the changing dynamics that shape the modern employment-IP interface as digital landscapes transform the nature of work.

Literature Review

The article by Ausat et al. (2022) explores the relationship between creative work practices, intellectual capital, and business performance. It provides insightful information about intellectual property rights and employee responsibilities (Ausat et al., 2022). The research highlights the role that intellectual capital, which includes customer, structural, and human capital, plays in promoting employee commitment and innovation. The study creates a quantitative framework by measuring these variables using a Likert scale. The article highlights the critical role of human capital in the context of employee rights and responsibilities regarding intellectual property, which stresses the workforce's knowledge, skills, and learning capacities (Ausat et al., 2022). This is in line with how things are changing and how employees' intellectual contributions are now crucial to the success of organizations. Moreover, the conversation about creative work practices—which include ideation, development, promotion, and execution—is closely related to the evolving nature of intellectual property rights in the workplace. The results indicate that promoting creative work practices positively impacts some business performance metrics, such as customer confidence, higher productivity, and job expansion.

A study by Asaari et al. (2019) highlights recognition's critical role as a non-monetary intrinsic reward when discussing the effects of pay, promotions, and recognition on work motivation within government trade agencies. One important element in boosting employee attitudes and performance is recognition. According to study results, acknowledging workers' efforts and contributions can be a strong incentive that greatly boosts output(Asaari et al., 2019). Motivation, defined as driving and sustaining an individual's efforts toward goal achievement, is crucial in the contemporary era of globalization and competitiveness(Asaari et al., 2019). Researchers emphasize that organizations need highly motivated employees for success, as motivation influences individual behaviour's purpose, direction, and timing toward organizational goals. Motivation is the process that propels and maintains a person's efforts toward achieving goals. It is emphasized as especially important in the modern era of globalization and competition. Researchers underscore the necessity for highly motivated employees in organizations for their success, given that motivation shapes the intention, trajectory, and timing of individual behaviour toward organizational objectives.

One of the main themes in the literature is the connection between employee motivation and rewards (pay, recognition, and promotions). Salary is a significant factor in the positive associations between extrinsic rewards and motivation that have been established. The research also emphasizes how crucial a well-designed incentive program is to raising worker motivation and satisfaction. The literature review offers a strong basis for the research question by illustrating how employee motivation in government trade agencies is linked to pay, advancement, and recognition. It emphasizes the value of both intrinsic and extrinsic motivation and how they work together to accomplish organizational goals.

Laws and Regulations

The Defend Trade Secrets Act (DTSA) in the United States is one relevant law regarding employee rights and obligations in intellectual property (IP). The Trade Secrets Act (DTSA), a federal law passed in 2016, establishes an infrastructure for the legal defence of confidential information, an essential part of intellectual property(Hanson, 2021). Since it specifies employees' rights and obligations when it comes to trade secret misappropriation, the DTSA is especially pertinent to this discussion. Employers may bring a civil lawsuit under the DTSA against workers who reveal or utilize trade secrets without permission. In addition to providing damages in cases of proven misappropriation, the law permits the issuance of injunctions to stop sensitive information from being disseminated further.

The DTSA's application to intellectual property highlights how crucial it is to protect confidential data in today's workplace(Miller, 2020). The statement recognizes the dynamic character of employee rights and responsibilities, particularly safeguarding intangible resources essential to a business's capacity to compete. Additionally, the law includes a whistleblower clause that grants immunity to workers who reveal trade secrets for exposing illicit activity. This clause strikes a compromise between the requirement to support moral behaviour inside businesses and the preservation of intellectual property. The DTSA also highlights how crucial it is for businesses to define and safeguard trade secrets by implementing strong internal policies and agreements. It is recommended that employers create unambiguous policies regarding what information is considered confidential and inform staff members of their responsibilities. This proactive approach not only complies with the DTSA's legal requirements but also fosters a transparent culture by ensuring employers and employees understand their responsibilities in protecting intellectual property rights.

Cases

The case in question is the Wyoming Supreme Court decision Yale Preston v. Marathon Oil Company from 2012. Intellectual property rights, namely patents about a baffle system Yale Preston invented while working for Marathon Oil Company, were at the centre of the controversy. Preston agreed to the terms of his employment, including the disclosure and assignment of intellectual property, by signing an employee agreement(YALE PRESTON v. MARATHON OIL COMPANY and THOMAS SMITH, 2012). The main point of contention was whether it was lawful for Marathon to receive intellectual property rights in exchange for nothing more than continuous at-will employment. According to the case's facts, Marathon employed Preston under an at-will employment policy, which permits either party to end the relationship at any time and without giving a reason. Preston then signed a contract giving Marathon the right to use his intellectual property. Preston filed a patent application for his invention after leaving Marathon, which sparked accusations of patent infringement and a challenge to the legality of the assignment agreement. This led to the dispute.

An important connection exists between this case and the research study, as this case talks about how intellectual property rights are changing in the context of employment relationships. The decision adds to the conversation about defending employee rights in intellectual property disputes by emphasizing the adequacy of at-will employment continuation as a factor. As an unbiased observer, the ruling is consistent with the ideas of at-will employment, permitting either party to change the terms of the agreement. Although protecting employee rights is crucial, the decision seems reasonable considering the dynamics of at-will employment. The case sets a precedent that will impact upcoming talks about intellectual property rights in the context of employment.

Summary/Conclusion

The case of Yale Preston v. Marathon Oil Company highlights the importance of at-will employment dynamics in intellectual property (IP) disputes as employers navigate the complexities of evolving employee rights and responsibilities. The court's approval of intellectual property assignment without further factors provides insight into how employment and IP interfaces change. A strong foundation is provided by the literature review, which highlights the relationship between motivation, recognition, and organizational success. One example of a legal framework that emphasizes the need for proactive internal policies is the Defend Trade Secrets Act (DTSA). Regarding IP boundaries, the future requires constant adaptation to technological advancements and legal nuances. Knowing these dynamics personally and professionally encourages proactive IP protection and organizational transparency.

References Asaari, M. H., Desa, N. M., & Subramaniam, L. (2019). Influence of salary, promotion, and recognition toward work motivation among government trade agency employees. International Journal of Business and Management, 14(4), 48-59. Ausat, A. M., Widayani, A., Rachmawati, I., Latifah, N., & Suherlan, S. (2022). The Effect of Intellectual Capital and Innovative Work Behavior on Business Performance. Journal of Economics, Business, & Accountancy Ventura, 24(3), 363-378. Hanson, V. (2021). Improving the Defend Trade Secrets Act of 2016: Against Preempting State Trade Secret Law. Notre Dame J. on Emerging Tech., pp. 2, 164. Lemley, M. A., Merges, R. P., & Balganesh, S. (2020). Intellectual Property in the New Technological Age: 2020. Volume I: Perspectives, Trade Secrets and Patents., 777. Miller, S. (2020). Repeal the Defend Trade Secret Act: Why Congress cannot rely on trade secret law to protect America's trade secrets. J. Intell. Prop. L., 28, 213. YALE PRESTON v. MARATHON OIL COMPANY and THOMAS SMITH, S-11-0166 (Supreme Court October 05, 2012). Retrieved from https://law.justia.com/cases/wyoming/supreme-court/2012/s-11-0166.html

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Part 1:

revise the first part of the paper according to your instructor’s comments.

instructor’s comments. Are shown below

Thanks so much for your efforts in the week 3 assignment which is an individual legal research paper. We provided you with a listing of topics that you could select from all the way from medical marijuana to the investment laws of your state or you could have chosen your own topic if you so wish. As with every paper we require that you properly formatted and properly cite and reference the work. In this paper we need to see and Introduction, background about the topic selected and why it was selected. Also, please know that this is related to the week five submission.  We also require a Literature Review which identifies information that is already known about a research topic.  For this assignment you are required to locate two scholarly articles related to your topic.  We then require that you perform research on the Laws and Regulations and analyze one law or regulation related to the topic you selected and to summarize the information about the law or regulation you found and explain how it applies to your topic.   We also require that you find case law at least one published case (lawsuit) that is related to the topic you selected and to summarize the case in your own words and explain how it is related to your topic.  Provide a summary that includes the name of the case, state or federal court, issue, summary of events and ruling.  Explain whether you agree or disagree with the court’s decision. We would then like to see some type of conclusion or wrap-up statement to your 4 to 6-page paper about this topic. As always APA formatting is required as is full citation and referencing of all the information as well as a separate cover page and a separate page for references.  Overall you have done some good work here you have performed all the tasks that were asked of you and provided an overview of the laws the casework as well as your thoughts on the outcome of these cases. You’ve done some good analysis and provided an overview of the intricacies of this legal issue, but we were seeking a bit more depth to the analysis where you truly look at both sides of the issues before truly settling on a solution or conclusion. So, you did lose points on the various sections of the rubrics but overall, you have done some good work. The work seems to be well cited in some sections of this paper, but other sections seem to be lacking full citation and references, so you did lose a few points.  The other issue is that you have not fully formatted this paper according to APA, APA formatting requires that we use a separate title page a separate reference page a separate introduction a separate conclusion as well as headers and titles throughout the entire paper to separate each section of the paper overall you did well but some of these elements are missing from your paper. Overall, you have done some good work on this paper please see the rubrics and if you have any questions or would like me to go over this in more depth please let me know.

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