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