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42.Marx, Strumsky, and Fleming, “Mobility, Skills, and the Michigan Non-Compete Experiment”; Fallick, Fleischman, and Rebitzer, “Job-Hopping in Silicon Valley”; Garmaise, “Ties That Truly Bind”; Samila and Sorenson “Noncompete Covenants”; Lobel, Talent.
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43.Noncompete agreements may have their most important impacts on investments in knowledge and on knowledge sharing but they also have other effects, including the disclosure of trade secrets to employees and the effect of labor mobility on the functioning of labor markets—in particular, on matching heterogeneous employers and employees.
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44.Garmaise, “Ties That Truly Bind.”
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45.Png, “Trade Secrets.”
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46.These states have confirmed their trade secret statutes with the Uniform Trade Secrets Act.See Samuels and Johnson, “Uniform Trade Secrets Act.” As of this writing, the Uniform Trade Secrets Act has been adopted in most states.
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47.Png, “Law and Innovation”; Png and Samila, “Trade Secrets Law.”
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48.Other policy changes affecting employee incentives include changes in the assignment of employee rights to inventions unrelated to work and federal criminal prosecution of trade secrecy violations.See Lobel, “New Cognitive Property.” Health insurance policy also affects job mobility and employee incentives.Studies show that the lack of portable health insurance has created “job lock,” reducing the willingness of talented people to change jobs or start new companies.See Gruber and Madrian, “Health Insurance and Job Mobility”; Fairlie, Kapur, and Gates, “Is Employer-Based Health Insurance a Barrier to Entrepreneurship?”
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49.Marx, “Form Strikes Back.”
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50.Steven Greenhouse, “Noncompete Clauses Increasingly Pop Up in Array of Jobs,” New York Times, June 8, 2014.
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51.Russell Beck, “Trade Secret and Noncompete Survey—National Case Graph 2014 [Preliminary Data], January 7, 2014, http://faircompetitionlaw.com/2014/01/07/trade-secret-and-noncompete-survey-national-case-graph-2014-preliminary-data/.
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52.Fisk, Working Knowledge.
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53.Moscarini and Thomsson, “Occupational and Job Mobility.” The authors note several other factors that might contribute to declining job mobility, including a reduction in the number of viable occupations due to outsourcing and perceived uncertainty in the labor market.Another possible factor might be the aging of the workforce.However, they argue that this factor cannot explain the decline since the mid-1990s.
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第十二章 专利和早期知识
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1.Houze, Cooper, and Kornhauser, Samuel Colt.
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2.Porter obituary, Scientific American, November 8, 1884.
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3.Rufus Porter, Scientific American 1, no.1 (August 28, 1845), p..1.See http:// en.wikisource.org/wiki/Scientific_American/Series_1/Volume_1/Issue_1 /Front_page.
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4.Khan, Democratization of Invention.
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5.Lamoreaux and Sokolo., “Inventors, Forms, and the Market.” Note that a popular culture of invention also developed in Britain, despite its more expensive and cumbersome patent system.See MacLeod, Heroes of Invention.
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6.Oz,“Acceptable Protection”; Samuelson, Denber, and Glushko, “Developments on the Intellectual Property Front.”
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7.For example, see Andy Baio, “A Patent Lie: How Yahoo Weaponized My Work,” Wired, March.13, 2012,http://www.wired.com/business/2012/03/opinion-baio-yahoo-patent-lie/.
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8.Chien, “Startups and Patent Trolls.”
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9.Tucker, “Patent Trolls.”
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10.Bessen and Meurer, “Direct Costs.”
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11.Bessen, Ford, and Meurer, “Private and Social Costs.”
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12.Cotropia and Lemley, “Copying.”
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