Trade Secret Laws, Labour Mobility and Innovations

Working Paper: CEPR ID: DP3615

Authors: Massimo Motta; Thomas Roende

Abstract: We show that when the researcher?s (observable but not contractible) contribution to innovation is crucial, a covenant not to compete (CNC) reduces effort and profits under both spot and relational contracts. Having no CNC allows the researcher to leave for a rival. This alleviates a commitment problem by forcing the firm to reward a successful researcher. However, if the firm?s R&D investment mainly matters, including a CNC in the contract is optimal, as it ensures the firm?s incentives to invest.

Keywords: innovation; intellectual property rights; labour contracts; poaching; relational contracts; startups

JEL Codes: J30; K20; L14; O31; O34


Causal Claims Network Graph

Edges that are evidenced by causal inference methods are in orange, and the rest are in light blue.


Causal Claims

CauseEffect
absence of CNC (L61)increased employee effort (M54)
absence of CNC (L61)increased innovation (O35)
inclusion of CNC (L64)decreased employee effort (J22)
inclusion of CNC (L64)decreased innovation (O39)
strong trade secret laws (L49)similar protective outcomes as CNCs (C34)

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