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Distinction between trade secret and skill and competence

Sunday, 29 April 2012

Distinction between trade secret and skill and competence in case of employer and employee

 
Legal propositions affecting restrictive covenants in an employment contract:-
1. The court will never uphold a covenant taken by an employer merely to protect himself from competition by a former employee.

2. There must be some subject matter which an employer can legitimately protect by a restrictive covenant. As was said by Lord Wilberforce in Stenhouse Limited -v- Phillips [1974] AC 391 at page 400 E (cited by Slade LJ in the Office Angels case supra):


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 1 Replies

Kumar Doab (FIN)     29 April 2012

Sir,

Your are providing strikingly important and very useful information. You are enriching the forum.

Kindly keep on posting.

Regards

Kumar


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