Skip to main content
Kent Academic Repository

The Allocation of Intellectual Property Rights Between Employers and Employees in the United Kingdom

Phillips, J (1977) The Allocation of Intellectual Property Rights Between Employers and Employees in the United Kingdom. Doctor of Philosophy (PhD) thesis, University of Kent. (doi:10.22024/UniKent/01.02.86369) (KAR id:86369)


The subject of this thesis is the allocation of intellectual property rights between employers and employees: a legal, a social, a psychological and an economic phenomenon. Chapter 4 sets out the basic methodological framework adopted in this thesis and explains what is intellectual property. Chapter 5 examines the economic problems attached to the creation and exploitation of intellectual property rights. Chapter 6 examines the subject of industrial relations and explains why employee creators do not obtain adequate protection for themselves through the medium of collective bargaining. Chapter 7 examines the psychological nature of inventing. Chapter 8 looks at the nature of awards given to employee creators by their employers; the theoretical and practical 1 basis for the making of awards to inventors is also discussed, and objections to the establishment of a statutory award scheme evaluated. Chapter 9 introduces the layman to the law of contract, the doctrine of restraint of trade, and the employee's difficulty in altering the terms of a standard employment contract. Chapter 10 is a study of the allocation of patent rights between inventors and their employers. British law is contrasted with the American law, which provides an alternative measure for protecting patent rights. Chapter 11 looks at the laws relating to confidential information. Chapter 14 explains the different problems faced by English and American Courts when allocating rights in industrial designs. Chapter 16 explores the allocation of moral rights to employers and employees, contrasting the Anglo-American tradition with that of the European civil law. Chapter 17 seeks to evaluate the remedies provided by equity as a potential means of rewarding or compensating an employee for work done outside his contract of employment. Chapter 18 examines current proposals for law reform.

Item Type: Thesis (Doctor of Philosophy (PhD))
DOI/Identification number: 10.22024/UniKent/01.02.86369
Additional information: This thesis has been digitised by EThOS, the British Library digitisation service, for purposes of preservation and dissemination. It was uploaded to KAR on 09 February 2021 in order to hold its content and record within University of Kent systems. It is available Open Access using a Creative Commons Attribution, Non-commercial, No Derivatives ( licence so that the thesis and its author, can benefit from opportunities for increased readership and citation. This was done in line with University of Kent policies ( If you feel that your rights are compromised by open access to this thesis, or if you would like more information about its availability, please contact us at and we will seriously consider your claim under the terms of our Take-Down Policy (
Uncontrolled keywords: Intellectual property law
Subjects: K Law
K Law > KD England and Wales
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
SWORD Depositor: SWORD Copy
Depositing User: SWORD Copy
Date Deposited: 29 Oct 2019 16:54 UTC
Last Modified: 22 Feb 2022 14:25 UTC
Resource URI: (The current URI for this page, for reference purposes)

University of Kent Author Information

  • Depositors only (login required):

Total unique views for this document in KAR since July 2020. For more details click on the image.