(Ju5) (Live Presentation VC and Webinar) Restraint of Trade and Trade Secrets

  • Instructor: admin
  • Duration: 3 hours

Date: 20 June 2023 (Tuesday) Time: 2:30pm to 5:45pm   Language: English            Level: Elementary

Speaker: Anne Carver, now teaches part time at the Chinese University in the School of Business and in the School of Health, where she is an Honorary Professor.

Lawyer CPD / ACCA CPD / SFC CPT / Insurers’ CPD Pts:        3 points             Fee: HK$1,790

It will repeat on 10 October (O3) 2023 Tuesday from 2:30pm to 5:45pm

HighlightsThis seminar examines the current law on restraint of trade clauses, trade secrets, the duty of confidentiality and the tort of encouragement. We shall explore the increasing number of actions in Hong Kong brought by employers and partners for breach of confidence as an equitable remedy for the misuse of confidential information as trade secrets by employees and fellow partners. This an important area of law for both employees and employers and raises difficult public policy issues on legitimate issues and intellectual capital. We shall also examine the relationship of confidentiality to trade secrets with an analysis of recent cases.

We are now also seeing the tort of “encouragement” committed by a third party who encourages employees to breach the terms of a restraint of trade clause and the tort of “indirect unlawful interference with business” being used as successful tools in claims against employees in lieu of restraint of trade clauses. We also see an expansion in the definitions of trade secrets as opposed to confidential information. Whilst all confidential information does not amount to a trade secret; clearly the categories are expanding to assist employers, rather than employees.

This Seminar will highlight recent developments in Hong Kong law in the complex overlay between the duties of fidelity of an employee and the “modern “law on restraint of trade generally in senior employees’ contracts.

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