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Issues related to study of the non-competition clause

Author: ChenLiuYong
Tutor: LiLi
School: Nanjing Normal University
Course: Economic Law
Keywords: Non-competition Purpose A reasonable range Economic compensation Confidentiality obligations Insurable Interest
CLC: D922.29
Type: Master's thesis
Year: 2011
Downloads: 108
Quote: 0
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Abstract

Non-competition refers to the employer and aware of the units trade secrets or other intellectual property rights and interests of laborers agreed within a certain period after the termination or dissolution of the labor contract, workers do not get the production of similar products with the unit or operating such business and competitive relationship with other employer office, nor to the production of similar products in a competitive relationship with the unit or similar business. (1) contains the terms of this non-competition content is the non-competition clause. In this paper, a case of non-competition dispute involved due to the non-competition clause is very complex, as the starting point, leads to three fundamental issues involved in the non-competition clause, that the purpose of the non-competition clause and a reasonable range, non-competition Terms of economic compensation as well as the relationship between the terms of the non-competition and trade secret protection. This paper around these three issues, the use of empirical methods, the use of a large number of court decisions, combined with the theory of the academic community to start discussion. This paper argues that the non-competition clause set directly in order to protect the employer \competition order; object entered into a non-competition clause, business, geographical and duration range should be reasonable control, within the limits of the law, or the non-competition clause is invalid; non-competition economic compensation and confidentiality fees The main difference lies not in to pay a different time limit, but that both rely on a different basis; no agreement on economic compensation for the non-competition clause is invalid non-competition obligations of workers has been performed, but the employer must still pay economic compensation, at the same time economic compensation agreed It should be reasonable, according to the agreed economic compensation related to performance of the contract and the liability for breach of commitment; economic compensation payment methods including labor relations during paid in conjunction with the wages paid in installments in three ways, leaving after one-time payment and post-employment ; business secret protection and non-competition clause is actually a cross-cutting relationships, like two intersecting circles, on the one hand non-competition clause is an effective means for the protection of trade secrets, in particular the burden of trade secrets competing industry to limit the terms of trade secret protection is to some extent overlap; On the other hand, the non-competition clause in addition to the protection of trade secrets, as well as other protected content, that there is no burden on the trade secrets of the non-competition clause.

Issues related to study of the non-competition clause

Abstract

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