NIPC News

Author : Willh26 Licence   Creative Commons  Attribution Share Alike 4.0 International Source Wikipedia Jane Lambert A recent decision of the Court of Appeal to enforce a non-disclosure agreement ("NDA") by means of an interim injunction has led to a promise by the Prime Minister to review the law relating to such agreements (see Court stops Telegraph publishing 'sexual harassment' story   24 Oct 2018 BBC website). While NDAs,  like any legal instrument can be abused, they are a very useful business tool.   They enable inventors to discuss their inventions with potential collaborators and investors before they are ready to apply for patents.  They prevent the disclosure or use of sensitive commercial information that may have taken years to gather.  They allow business relations to continue between parties to potentially damaging disputes. Earlier this year the trade secrecy laws of the 28 member states of the Euro...

Jane Lambert While an employee remains on your payroll he or she is bound by an implied obligation of good faith and fidelity to do his or her best for you. He or she is not allowed to discuss your affairs in public or work for a competitor. As Mr Justice Laddie said in Ocular Sciences Ltd v Aspect Vision Care Ltd (No.2)  [1997] RPC 289, [1996] EWHC Patents 1, (1997) 20(3) IPD 20022, that has nothing to do with the law of confidence or trade secrecy. However, the employee is not your slave. He or she is entitled to seek work elsewhere or even set himself or herself up in business in competition with you. If the employee leaves your employment he or she is likely to use skills, knowledge and experience gained in your employment. There is nothing wrong with that even if you have spent time and money training the employee. After all, you see nothing wring in recruiting someone who has been trained by somebody else do you. Nor is it disloyal of the employee to atten...