Commodifying Sheer Talent: Perverse Developments in the Law’s Enforcement of Restrictive Covenants

Riley, Joellen

Commodifying Sheer Talent: Perverse Developments in the Law’s Enforcement of Restrictive Covenants

INTELLECTUAL PROPERTY POLICY REFORM: FOSTERING INNOVATION AND DEVELOPMENT, C. Arup, W. van Caenegem, eds., pp. 267-284, Edward Elgar, 2009

Sydney Law School Research Paper No. 10/65

22 Pages Posted: 29 Jul 2010

See all articles by Joellen Riley

Joellen Riley

The University of Sydney - Faculty of Law

Abstract

This chapter (prepared initially for a workshop on intellectual property law and innovation held at Bond University in 2007) mounts an argument for why the law on restrictive covenants in employment contracts in Australia should be reviewed, to re-enliven the ancient common law doctrine making illegal restraints of trade that are contrary to the public interest in free movement of workers, and free development of innovative ideas and practices.

Keywords: restrictive covenants, restraints of trade, employment contracts, non-compete clauses, competition

JEL Classification: K10, K30, K31

Suggested Citation: Suggested Citation

Riley, Joellen, Commodifying Sheer Talent: Perverse Developments in the Law’s Enforcement of Restrictive Covenants. INTELLECTUAL PROPERTY POLICY REFORM: FOSTERING INNOVATION AND DEVELOPMENT, C. Arup, W. van Caenegem, eds., pp. 267-284, Edward Elgar, 2009, Sydney Law School Research Paper No. 10/65, Available at SSRN: https://ssrn.com/abstract=1649877