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Promoting trade and protecting trade secrets : a insight into the restrictive covenants in employment contracts

By: Contributor(s): Publication details: BangaloreBangalore NLSIU 2002Description: 117 p. ; 25 cmSubject(s): Online resources:
Contents:
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.
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Dissertation . Not for loan LLM042

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.