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ARTICLE · 20 FEBRUARY 2019

Enforceability Of Non-Compete

Non-Compete Clauses have been an integral and vital part of employment agreements in order to protect the intellectual property ...

IndiaEmployment and HR

Non-Compete Clauses have been an integral and vital part of employment agreements in order to protect the intellectual property, reputation and goodwill of the organization in today’s highly competitive market. Recently, a Television News Channel (“News Channel”) filed a suit against its News Broadcaster, restraining her from taking up similar work with any other television channel until the expiry of the term of her Employment Agreement; from allowing her name, image or voice to be associated with any other news channel during such term; and for recovery of damages worth INR 2,00,10,000.

The News Channel claimed to have spent large sums of money and resources in grooming the Broadcaster and in building her image as one of the prominent faces of the News Channel since the last 14 years. However, the Court observed that the proprietary rights over the skill and excellence acquired by the Broadcaster over the years cannot be vested in the News Channel merely because it

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