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Article
Publication date: 3 August 2021

Radka Vaníčková and Stanislav Bílek

The purpose of this paper is to provide a legal analysis of some chosen aspects of protection of privacy of employee as one of its personal (personality) rights in labour-law…

Abstract

Purpose

The purpose of this paper is to provide a legal analysis of some chosen aspects of protection of privacy of employee as one of its personal (personality) rights in labour-law relations so how to follow from the actual legal state of legislation of property protection and other rightful interest of an employer.

Design/methodology/approach

Current legislation, in general, provides adequate privacy protection to employees in labour-law relations, but in the opinion of the authors is not quite adequately balanced with adequate legislative protection of property rights and employer private in the current legislative status of employee privacy protection. Employee privacy protection should be balanced by the increased protection of employer the interests who bears responsibility for the results of productive activities towards third parties and public power bodies, but responsible for any damage incurred to his employees. Authors of the paper are aware that the constitutional order of the Czech Republic, the Civil Code, EU legislation and the legal norms of labour law provides, in general, a sufficient guide for the fair and equitable application and interpretation of relevant law norms in the monitored area, next suggest realized legislative changes or additions in the area of employers protection of the interests and property in labour-law relations on the background of employee privacy protection.

Findings

The authors are of the opinion that the proposed change is not a denial of constitutional rules and legal provisions for the protection of personality under the Civil Code and consider it to be a balanced and professional experience to apply. Its purpose is to exhaustively identify the reasons for the introduction of control mechanisms, without prejudice to the principle of use only to the extent necessary and proportionate manner.

Research limitations/implications

Re-codified private law after 1st January 2014 is in many cases very a cased interpretation. For the issue of the interests and property protection of the employer on the backgrounds of the employee privacy protection would be appropriate to legislative more elaborate the particular legal passages and chapters of the legal text, and thus reduce the scope interpretation of the court decision. To stimulate discussion on the topic authors propose the following legislative adjustment provisions of §316 paragraph 1 and 3 of the Labor Code. The proposal allows for even that is rarely possible to get an audio recording that an employee in the course of his work, even without prior notice, if it is a compelling reason for involving the exercise and protection of employees.

Practical implications

Employees may not, without the consent of the employer to use it for their personal use, production and employment employer resources including computers nor its telecommunications equipment. Compliance with the ban in the first sentence, the employer is entitled to adequate controls. The employer shall not, except as noted below, interfere with the privacy of employees in workplaces and public areas of the employer that the employee undergoing open or covert surveillance, interception and recording of his telephone calls, checking e-mail or check the correspondence addressed to employees or making video and audiovisual recordings employee during his employment. These control mechanisms employer is entitled to a proportionate manner and to the extent necessary in the following cases: on grounds of legitimate interests and property of the employer against the threat or violation, on grounds of health and property and other employees and other serious reasons. If it is for the employer is no reason that justifies the implementation of control mechanisms under paragraph 2, the employer is obliged to inform employees directly about the extent of control by way of implementation. The obligation to inform employees not arise in cases where there is an imminent risk of injury to the health or property of the employer, the employee, other employees or third parties or in the case of sound recording employees when acquired or used for the exercise or protection of other rights or legally protected interests of others people.

Originality/value

The weaker subordination position of the employee in labour-law relations requires consistent protection and its personal interests towards employer follow from labour-law relations. These regulations have to have particular legal limits so that there was no threatened or even directly touched personal and personality rights of the employee such as honour, human dignity, ethics, morality, reverence, mutual tolerance and labour-law relations in relation to equality with participants with that employer carry responsibility for performance and results do work and it even towards to third persons when it has right to provide effectual protection property and personality rights. The proposal allows for even that is rarely possible to get an audio recording that an employee in the course of his work, even without prior notice, if it is a compelling reason for involving the exercise and protection of employees.

Details

International Journal of Law and Management, vol. 63 no. 6
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 1 June 2021

Muhammad Usman, Rizwan Shabbir, Aamir Inam Bhutta, Ilyas Ahmad and Ahsan Zubair

The purpose of this study is to identify the impact of legal institutions and property rights protection on corporate innovation among developing countries.

Abstract

Purpose

The purpose of this study is to identify the impact of legal institutions and property rights protection on corporate innovation among developing countries.

Design/methodology/approach

To testify these hypotheses, we use firm-level data from the World Bank Enterprise Survey, and country-level information from Worldwide Governance Indicators, World Development Indicators and Global Competitiveness Reports. The final data set consists of 24,166 firm observations, from 41 developing countries.

Findings

By using a wide range of control variables, the results propose that well-organized legal institutions stimulate corporate innovation . More precisely, a strong rule of law, effective government and protected property rights encourage firm-level innovation. Countries’ rule of law guarantees to solve disputes between parties and provide legitimate rights in case of innovation replication. Rule of law also directs that rules made by policymakers to secure the rights of innovators are well enforced. Moreover, strong property rights ensure innovators that the innovations are protected, and in case of any infringement, the guilty party will be punished and fined.

Originality/value

This study aims to investigate the role of all effective aspects legal institutions and property rights protection on corporate innovation among developing countries. Such security to prevent unlawful duplication will ultimately increase innovation.

Article
Publication date: 27 March 2009

Moe Alramahi

The purpose of this paper is to clarify the legal status of domain names from both a contractual and a property right perspective, and to consider whether domain names are to be…

438

Abstract

Purpose

The purpose of this paper is to clarify the legal status of domain names from both a contractual and a property right perspective, and to consider whether domain names are to be considered as a new form of property, in particular as virtual property.

Design/methodology/approach

The paper approaches the topic from contractual perspective. It then examines the concept and various property law theories. This is followed by an analysis to the intangibility of domain names and the appropriate category of protection.

Findings

Domain names are creatures of contract and contract law will provide some form of protection. According to the bundle of rights theory, domain names are intangible property with limitations. Some names are very valuable but nevertheless attract no protection beyond contractual rights. These names should be clothed with property rights protection. The relevant form of property rights is still contentious issue.

Originality/value

The nature of rights over domain names is a key emerging issue in the area of information technology law, with little to guide lawyers and judges. There is currently no consensus on what the legal status of a domain name is and opinions vary about the nature of these rights. The paper offers an insight to the nature of rights in an attempt to further the protection and recognition of rights over domain names.

Details

Journal of International Trade Law and Policy, vol. 8 no. 1
Type: Research Article
ISSN: 1477-0024

Keywords

Article
Publication date: 20 May 2019

Nicholas Burton and Cheri Bradish

The purpose of this paper is to explore the development of preventative counter-ambush marketing initiatives and rights protection strategies, providing an historical view of…

Abstract

Purpose

The purpose of this paper is to explore the development of preventative counter-ambush marketing initiatives and rights protection strategies, providing an historical view of rights management and the International Olympic Committee’s sponsorship protection initiatives through ambush marketing’s formative years.

Design/methodology/approach

In examining the antecedents and implications of the Canadian Olympic Committee’s (COC) forward-thinking approach to ambush marketing protection, and to explore the development of preventative counter-ambush initiatives, an historical examination of IOC and COC policies and protocols regarding ambushing and sponsorship protection over a 30-year period was undertaken, informing the development of a proposed model of proactive commercial rights management.

Findings

The findings indicate that a progressive shift in the counter-ambush activities of major commercial rights holders may be underway: increasingly, the COC has stressed education and communication as key components of their commercial rights protection strategy, in lieu of enforcing the legal protection provided them by the Olympic and Paralympic Marks Act of 2007. The resultant commercial rights management model proposed reflects this proactive approach, and illustrates the need for events and sponsorship stakeholders to Anticipate, (Re)Act and Advocate.

Originality/value

The study offers a contemporary perspective into counter-ambush strategies within the context of the COC’s brand protection measures and industry practice. The proactive approach to commercial rights management explored represents a significant step in ambush marketing prevention on the part of the COC.

Details

Sport, Business and Management: An International Journal, vol. 9 no. 2
Type: Research Article
ISSN: 2042-678X

Keywords

Open Access
Article
Publication date: 28 June 2021

Carolina Andrea Gómez Winkler Sudré, José Paulo de Souza and Melise Dantas Machado Bouroullec

The purpose of this study is to understand the effect of governance structure alignment, property rights protection, and reputation in generating efficiency in dairy…

Abstract

Purpose

The purpose of this study is to understand the effect of governance structure alignment, property rights protection, and reputation in generating efficiency in dairy agro-industrial system in Paraná, Brazil, and Midi-Pyrénées, France.

Design/methodology/approach

Descriptive qualitative research, comprising semi-structured interviews with producers, processors and key agents of the dairy agrindustrial system in Brazil and France, in 2016/2017.

Findings

As a result, it was identified that measurement generates information about transacted dimensions and when it is shared can generate affect reputation in transactions that leads to system improvement. It was also observed that, in the dairy agro-industrial system, reputation acquired does not reduce all the measurement costs, as the product requires measurement in each all collection, regardless of the reputation created.

Research limitations/implications

As a limitation of the study, there is a difference in the moments when the interviews were done. In 2016, in France, the context was low prices, while in 2017, in Brazil, there was a rise in prices. This difference could have influenced some responses to the interviews, mainly about efficiency by producers.

Practical implications

Reputation, protecion of property rights by measurement and information sharing allows reduction costs (transaction, measurement and negotiation costs). This efficiency implies improvement to the system, in cases of milk producers and processors.

Social implications

Improvements in the dairy system can have repercussions on several other improvements such as better distribution of income among agents in the chain; better-paid producers, which implies the improving quality of lives of these people; better products offered to consumers.

Originality/value

From a complementary perspective of transaction cost economics and measurement cost economics, reputation and protection of property rights are discussed with a focus on efficiency. Empirically, the paper contains heterogeneous data collected from two countries: Brasil and France.

Details

RAUSP Management Journal, vol. 56 no. 4
Type: Research Article
ISSN: 2531-0488

Keywords

Article
Publication date: 29 November 2018

Sreevas Sahasranamam and G. Venkat Raman

In the last decade, the Chinese Government enacted two rule-based policy changes related to property rights, namely, a constitutional amendment to protect the lawful rights of the…

Abstract

Purpose

In the last decade, the Chinese Government enacted two rule-based policy changes related to property rights, namely, a constitutional amendment to protect the lawful rights of the private sector in 2004 and a property rights law in 2007. Using property rights theory, the purpose of this paper is to hypothesize the contingent effect that these property rights changes have on the investment of individual human and financial capital toward entrepreneurship. In addition, this study also explores whether property rights changes have a differential effect on the two forms of entrepreneurship, namely, opportunity and necessity entrepreneurship.

Design/methodology/approach

This research uses logit regression analysis on a two-period model using the Global Entrepreneurship Monitor (GEM) database to test these effects.

Findings

Contrary to existing evidence from western contexts, this study finds that property rights changes have a significant influence on the investment of both forms of capital toward necessity entrepreneurship in China.

Research limitations/implications

The use of a secondary database like GEM has certain limitations, such as the non-availability of data on a longitudinal basis, and the need to operationalize certain constructs like social and financial capital as non-continuous variables.

Originality/value

There has been limited research on the phenomena of necessity entrepreneurship in economies such as that of China. The findings of this study highlight that property rights protection is equally important for necessity entrepreneurship in institutional contexts like China.

Details

International Journal of Emerging Markets, vol. 13 no. 6
Type: Research Article
ISSN: 1746-8809

Keywords

Article
Publication date: 9 October 2017

Peter M. Bican, Carsten C. Guderian and Anne Ringbeck

As firms turn their innovation activities toward collaborating with external partners, they face additional challenges in managing their knowledge. While different modes of…

4829

Abstract

Purpose

As firms turn their innovation activities toward collaborating with external partners, they face additional challenges in managing their knowledge. While different modes of intellectual property right regimes are applied in closed innovation systems, there seems to be tension between the concepts of “open innovation” and “intellectual property rights”. The purpose of this paper is to investigate how firms best manage knowledge via intellectual property rights in open innovation processes.

Design/methodology/approach

Following a mixed methods approach, the authors review relevant literature at the intersection of knowledge management, intellectual property rights, strategic management of intellectual property rights and the open innovation process. The authors identify success drivers through the lenses of – but not limited to – intellectual property rights and classify them in five distinct groups. Expending the view on open innovation beyond its modus operandi, the authors develop the Open Innovation Life Cycle, covering three stages and three levels of the open innovation process. The authors apply their findings to a case study in the pharmaceutical industry.

Findings

The authors provide four key contributions. First, existing literature yields inconclusive results concerning the enabling or disabling function of intellectual property rights in open innovation processes, but the majority of scholars detect an ambivalent relation. Second, they identify and classify success drivers of successful knowledge management via intellectual property rights in open innovation processes. Third, they advance literature on open innovation beyond its modus operandi to include three stages and three levels. Fourth, they test their findings to a case study and show how management leverages knowledge by properly using intellectual property rights in open innovation.

Practical implications

The findings support firms in managing knowledge via intellectual property rights in open innovation processes. Management should account for the peculiarities of open innovation preparation and open innovation termination to prevent unintentional knowledge drain.

Originality/value

This is one of the first studies to view open innovation as a process beyond its modus operandi by considering the preparations for and termination of open innovation activities. It also addresses the levels involved in managing knowledge via intellectual property rights in open innovation from individual (personal) to project and firm level.

Details

Journal of Knowledge Management, vol. 21 no. 6
Type: Research Article
ISSN: 1367-3270

Keywords

Book part
Publication date: 1 October 2007

Walter G. Park

This chapter provides a selective survey of the theoretical and empirical literature to date on the relationship between intellectual property rights (IPRs) and measures of…

Abstract

This chapter provides a selective survey of the theoretical and empirical literature to date on the relationship between intellectual property rights (IPRs) and measures of innovation and international technology transfer. The chapter discusses the empirical implications of theoretical work, assesses the theoretical work based on the evidence available, and identifies some gaps in the existing literature.

Details

Intellectual Property, Growth and Trade
Type: Book
ISBN: 978-1-84950-539-0

Book part
Publication date: 23 June 2022

Ignacio De León and Esteban Santamaria

This paper examines the evolution of Intellectual Property (IP) commercialization in historical perspective. IP Law imposes an incentive structure that determines the extent of…

Abstract

This paper examines the evolution of Intellectual Property (IP) commercialization in historical perspective. IP Law imposes an incentive structure that determines the extent of societal investment in those assets. From their inception at the dawn of the Industrial Revolution, IP has expanded due to the introduction of new technologies. Property rights allocation over these assets has traditionally been assigned to governments centralizing the recognition of such property. For a long period of time, government intervention was critical to allow IP commercialization; hence, the political economy of IP was dictated by the prevailing ideology of policymakers in favor or against market transactions. The resulting clash of ideologies has marked the position of developing countries seeking exclusions from open IP commercialization to obtain temporary relief from foreign competition of technology producing countries, as well as that of industrialized countries, seeking to export their technologies overseas. The emergence of blockchain technology, as a decentralized transaction exchange protocol that makes intermediary centralized institutions (i.e. governments) certifying IP irrelevant over a large portion of intellectual property (i.e., trade secrets and copyrights) will create revolutionary institutions facilitating IP commercialization, such as NFTs. We examine this historical evolution in the context of legal institutions governing intellectual property transactions and technology transfer.

Details

The Emerald Handbook of Entrepreneurship in Latin America
Type: Book
ISBN: 978-1-80071-955-2

Keywords

Article
Publication date: 1 June 2002

Clifford J. Shultz and Alexander Nill

Observes that variances in standards for and interpretations of intellectual property rights (IPR) around the globe remain one of the great challenges for marketers and…

3038

Abstract

Observes that variances in standards for and interpretations of intellectual property rights (IPR) around the globe remain one of the great challenges for marketers and stakeholders of the marketing paradigm. Attempts to distil the issues surrounding IPR and its protection, and to examine the phenomenon of IPR violations within a framework of social dilemmas. In so doing, describes and provides examples for some of the problems associated with IPR violations. Contends that much work is still to be done, if it is hoped to implement a global system for IPR protection that serves the best long‐term interests for the largest number of society’s stakeholders. Concludes with opportunities for further research.

Details

European Journal of Marketing, vol. 36 no. 5/6
Type: Research Article
ISSN: 0309-0566

Keywords

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