Promoting Trade and Protecting Trade Secrets: A Insight into the Restrictive Covenants in Employment Contracts

CONTENTS
Declaration;
Acknowledgement;
Table of cases;
INTRODUCTION;
The two conceptual interests;
The problem;
RESEARCH METHODOLOGY;
Research Genre;
Research objectives;
Issues for consideration;
Review of literature;
Study Design;
GENESIS AND BASICS;
Origin of the doctrine;
Nature of public policy;
An attempt to define;
Legislative Response;
PART I;
Restraint of trade Doctrine;
Section 27 of the Indian Contract Act, 1872;
Restrictive covenants in practice;
STAGES OF GROWTH AND NATURE OF APPLICABILITY
The process and its reasoning;
Clear path of development;
The Nordenfelt case;
Applicability to various types;
VIEWING THROUGH AN EMPLOYMENT RELATIONSHIP;
The employer and the employed;
Measures of reasonability;
In the nature of an Ancillary;
Radius Agreements;
THE PRESENT MOULD;
Re-visiting the Basics;
The requirements;
Superintendence Company case;
PART II;
Protecting trade secrets;
NATURE OF TRADE SECRET;
To know 'trade secret';
Ownership of information;
Essentials of property and trade secrets;
The Unifying Principle;
JUSTIFICATION AND NEED OF PROTECTION;
Interplay between confidentiality and other intellectual property;
Need of protection;
Trade secret and law of confidence;
Modes of protection;
Illustrious case laws;
Covenants 'protecting' trade secrets;
LIMITATION OF PROTECTION;
Employee know-how: limitation;
Limitation through public interest;
Substantiality of 'mere' ideas;
Express terms in employment contract;
FOCUS - EMPLOYMENT RELATIONSHIP;
Context of relationship and the duty;
Employees and breach of confidence;
Covenants protecting secrets;
Reasonableness of the covenant;
The Faccnda case;
CONCLUSION;
Importance of the conflicting interests;
Responsive suggestions;
BIBLIOGRAPHY;
ANNEXURES A & B.