Author: Simon Mehigan
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 440
Book Description
Practical advice on all drafting and litigation problems associated with restraint of trade is provided by this comprehensive handbook. Detailed guidance is given on such aspects as: employment contracts; business sales; partnerships and joint ventures; breach of contract; and commercial contracts.
Restraint of Trade and Business Secrets
Author: Simon Mehigan
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 440
Book Description
Practical advice on all drafting and litigation problems associated with restraint of trade is provided by this comprehensive handbook. Detailed guidance is given on such aspects as: employment contracts; business sales; partnerships and joint ventures; breach of contract; and commercial contracts.
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 440
Book Description
Practical advice on all drafting and litigation problems associated with restraint of trade is provided by this comprehensive handbook. Detailed guidance is given on such aspects as: employment contracts; business sales; partnerships and joint ventures; breach of contract; and commercial contracts.
Trade Secrets, Restraint of Trade and Confidential Information
Employees, Trade Secrets and Restrictive Covenants
Author: Christopher Heath
Publisher: Kluwer Law International B.V.
ISBN: 9041183809
Category : Law
Languages : en
Pages : 539
Book Description
Trade secrets and post-contractual non-compete clauses (restrictive covenants) are intrinsically linked issues when analysed in the context of past and present employment. While trade secrets have been the object of legislation in a number of major jurisdictions during the last couple of years, post-employment restrictive covenants have been left out of such legislative activity. Still, they have come under increasing scrutiny of economists and may well come into legislative focus in the near future. As the chapters of this book highlight in detail, the approach to the protection of trade secrets, the conditions under which an employer can protect trade secrets and other business interests by way of a restrictive covenant, and the scope within which former employees by using the skills and knowledge can compete with a former employer, hugely differ from jurisdiction to jurisdiction. This is not only so for the effective scope, but also for the underlying doctrinal reasons, making a country-by-country comparison difficult, and a common structure of the chapters a challenge. After all, the topic involves international law (Paris Convention, TRIPS), domestic labour law, domestic sui generis protection, and, most importantly, domestic competition and unfair competition law, a field that up to now has defied all attempts of harmonisation beyond those categories as identified by Friedrich Zoll and implemented as Art. 10bis in the Paris Convention. This book features both comparative and country-specific chapters. The latter cover the major jurisdictions of Europe and Asia, while the former provide a subject-matter analysis by taking into account legislation and case law in a global context.
Publisher: Kluwer Law International B.V.
ISBN: 9041183809
Category : Law
Languages : en
Pages : 539
Book Description
Trade secrets and post-contractual non-compete clauses (restrictive covenants) are intrinsically linked issues when analysed in the context of past and present employment. While trade secrets have been the object of legislation in a number of major jurisdictions during the last couple of years, post-employment restrictive covenants have been left out of such legislative activity. Still, they have come under increasing scrutiny of economists and may well come into legislative focus in the near future. As the chapters of this book highlight in detail, the approach to the protection of trade secrets, the conditions under which an employer can protect trade secrets and other business interests by way of a restrictive covenant, and the scope within which former employees by using the skills and knowledge can compete with a former employer, hugely differ from jurisdiction to jurisdiction. This is not only so for the effective scope, but also for the underlying doctrinal reasons, making a country-by-country comparison difficult, and a common structure of the chapters a challenge. After all, the topic involves international law (Paris Convention, TRIPS), domestic labour law, domestic sui generis protection, and, most importantly, domestic competition and unfair competition law, a field that up to now has defied all attempts of harmonisation beyond those categories as identified by Friedrich Zoll and implemented as Art. 10bis in the Paris Convention. This book features both comparative and country-specific chapters. The latter cover the major jurisdictions of Europe and Asia, while the former provide a subject-matter analysis by taking into account legislation and case law in a global context.
Trade Secrets, Restraint of Trade & Confidential Information
Author:
Publisher:
ISBN: 9781862892781
Category : Breach of trust
Languages : en
Pages : 107
Book Description
Publisher:
ISBN: 9781862892781
Category : Breach of trust
Languages : en
Pages : 107
Book Description
Abuse of Dominant Position and Globalization & Protection and Disclosure of Trade Secrets and Know-How
Author: Pranvera Këllezi
Publisher: Springer
ISBN: 331946891X
Category : Law
Languages : en
Pages : 637
Book Description
This publication provides an unparalleled comparative analysis of two "hot topics" in the field of antitrust and unfair competition law with regard to a number of key countries. The first part of the book examines the prohibition of abuse of a dominant position and globalization in relation to two broad questions: first, whether there is consistency between the approaches of different jurisdictions to the notion of abuse, and, second, whether there are too many restrictions on legal rights and business opportunities resulting from the prohibition of abuse of dominance. The international report drafted by Professor Pinar Akman reveals that there are as many similarities as differences between the approaches of the twenty-one jurisdictions studied and presented in this book. This is an invitation to read the excellent international report as well as the reports on specific jurisdictions in order to grasp the variety of arguments and approaches of this antitrust area, which may, on the surface, appear alike. The second part gathers contributions on the question of protection and disclosure of trade secrets and know-how from various jurisdictions. The need for adequate protection of trade secrets has increased due to digitalization and the ease with which large volumes of misappropriated information can be reproduced. The comprehensive international report, prepared by Henrik Bengtsson, brings together these reflections by comparing various national positions. The book also discusses the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, and includes proposed solutions and recommendations.
Publisher: Springer
ISBN: 331946891X
Category : Law
Languages : en
Pages : 637
Book Description
This publication provides an unparalleled comparative analysis of two "hot topics" in the field of antitrust and unfair competition law with regard to a number of key countries. The first part of the book examines the prohibition of abuse of a dominant position and globalization in relation to two broad questions: first, whether there is consistency between the approaches of different jurisdictions to the notion of abuse, and, second, whether there are too many restrictions on legal rights and business opportunities resulting from the prohibition of abuse of dominance. The international report drafted by Professor Pinar Akman reveals that there are as many similarities as differences between the approaches of the twenty-one jurisdictions studied and presented in this book. This is an invitation to read the excellent international report as well as the reports on specific jurisdictions in order to grasp the variety of arguments and approaches of this antitrust area, which may, on the surface, appear alike. The second part gathers contributions on the question of protection and disclosure of trade secrets and know-how from various jurisdictions. The need for adequate protection of trade secrets has increased due to digitalization and the ease with which large volumes of misappropriated information can be reproduced. The comprehensive international report, prepared by Henrik Bengtsson, brings together these reflections by comparing various national positions. The book also discusses the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, and includes proposed solutions and recommendations.
The Common Law of Restraint of Trade
Author: M. J. Trebilcock
Publisher: Taylor & Francis
ISBN: 9780459396404
Category : Concurrence - Restrictions
Languages : en
Pages : 419
Book Description
Publisher: Taylor & Francis
ISBN: 9780459396404
Category : Concurrence - Restrictions
Languages : en
Pages : 419
Book Description
Trade Secrecy and International Transactions
Author: Elizabeth A Rowe
Publisher: Edward Elgar Publishing
ISBN: 1782540784
Category : Law
Languages : en
Pages : 368
Book Description
Trade secret protection has long been of critical strategic importance to business interests and globalization of commerce has driven an increasing need to govern the preservation of confidentiality in international business transactions. This book off
Publisher: Edward Elgar Publishing
ISBN: 1782540784
Category : Law
Languages : en
Pages : 368
Book Description
Trade secret protection has long been of critical strategic importance to business interests and globalization of commerce has driven an increasing need to govern the preservation of confidentiality in international business transactions. This book off
Business and Commerce Code
In Restraint of Trade
Author:
Publisher: Ludwig von Mises Institute
ISBN: 1610164296
Category :
Languages : en
Pages : 288
Book Description
Publisher: Ludwig von Mises Institute
ISBN: 1610164296
Category :
Languages : en
Pages : 288
Book Description
Restraint of Trade
Author: Michael Jefferson
Publisher: Wiley
ISBN: 9780471962717
Category : Law
Languages : en
Pages : 0
Book Description
Restraint of Trade is an accessible examination of the law relating to restraint of trade between employers and employees. It explains how restrictive covenants work in practice, both during and after employment. The author first examines express clauses, looking at the six principal problems which may be faced when considering whether a covenant potentially in restraint of trade is enforceable or not after termination of employment: Does the clause protect a legitimate proprietary interest which will normally be a trade secret or trade connection? Is the clause reasonable between the parties? Is the clause reasonable in the public interest (an issue not normally relevant in employment law)? If part of the clause is invalid, may it be severed? How is the covenant to be construed? If the term is valid, which remedy or remedies may the employers obtain? The author then goes on to consider covenants during employment, implied terms both during and after employment, various drafting tips, and the effect of the Transfer of Undertakings (Protection of Employment) Regulations 1981. With coverage of the definition of particular words in the covenant, the consequences of invalidity of a clause, and the effect of wrongful dismissal, Restraint of Trade will be a useful reference for practitioners of employment or contract law, in-house lawyers, company secretaries and human resource managers.
Publisher: Wiley
ISBN: 9780471962717
Category : Law
Languages : en
Pages : 0
Book Description
Restraint of Trade is an accessible examination of the law relating to restraint of trade between employers and employees. It explains how restrictive covenants work in practice, both during and after employment. The author first examines express clauses, looking at the six principal problems which may be faced when considering whether a covenant potentially in restraint of trade is enforceable or not after termination of employment: Does the clause protect a legitimate proprietary interest which will normally be a trade secret or trade connection? Is the clause reasonable between the parties? Is the clause reasonable in the public interest (an issue not normally relevant in employment law)? If part of the clause is invalid, may it be severed? How is the covenant to be construed? If the term is valid, which remedy or remedies may the employers obtain? The author then goes on to consider covenants during employment, implied terms both during and after employment, various drafting tips, and the effect of the Transfer of Undertakings (Protection of Employment) Regulations 1981. With coverage of the definition of particular words in the covenant, the consequences of invalidity of a clause, and the effect of wrongful dismissal, Restraint of Trade will be a useful reference for practitioners of employment or contract law, in-house lawyers, company secretaries and human resource managers.