Singapore: Restraint of Trade Provisions

It is common for employers to include restraint of trade provisions in employment contracts. However, such provisions are generally unenforceable unless it can be shown that there is a legitimate proprietary interest to protect and the restraint goes no further… Read more

Recruitment and protection of talent: a boardroom issue for pharma

Our article Recruitment and protection of talent: a boardroom issue for pharma is available on our pharma hub here. Technological advancement is key amongst the forces driving change in the pharmaceutical healthcare sectors, with businesses increasingly partnering with non-traditional players such… Read more

Hong Kong: The Requirement of Being ‘Fit and Proper’

In many industries, it is a requirement that certain individuals performing regulated activities are, and remain, fit and proper. For example, these requirements will apply to certain individuals who are subject to the oversight of financial services regulators such as… Read more

Hong Kong: Who owns employees’ work product?

The law recognises that employees may create valuable intellectual property during their employment, ownership of which should ordinarily rest with their employer. The recent case of Acron International Technology Ltd v Chan Yiu Wai [2017] 3 HKLRD 799 demonstrates how… Read more

Asia: Post-employment covenants

Although often included in employment contracts, the enforceability of post-employment non-competition obligations can vary greatly from jurisdiction to jurisdiction. ... Read more

EU developments: trade secrets and data protection

On 14 April the European Parliament voted to approve the new Trade Secrets Directive aimed at harmonising the definition and protection of trade secrets and undisclosed know-how across Europe. The Council is expected to approve the Directive this month and… Read more

Singapore: Breach of confidentiality and confidence claim

This case revolves around Four Ex-Employees leaving the claimant company, Clearlab SG Pte Ltd ("Clearlab") and joining a rival company, Aquilus Lens International Pte Ltd ("Aquilus"); the key issue is a breach of confidence and the use of confidential information.… Read more

Singapore: Restrictive covenants in employment contracts

In the recent decision of Lek Gwee Noi v Humming Flowers & Gifts Pte Ltd [2014] SGHC 64, the Singapore High Court raised some interesting questions as to what constitutes sufficient legitimate interest to support a non-competition covenant, examined the… Read more

Singapore: Restrictive covenants & trade secrets

In a recent decision, the High Court in Lek Gwee Noi v Humming Flowers & Gifts Pte Ltd [2014] SGHC 64 considered whether a restraint of trade clause was necessary, and therefore reasonable, in a contract which contained other clauses… Read more

UK/Hong Kong: Injunctions and Trade Secrets

The English High Court recently considered the test to be applied when deciding whether to grant an interim injunction against a former employee to prevent them from using their former employer’s trade secrets. Given that the Hong Kong law on confidential… Read more

China: Securing IP through employee non-compete obligations

IP protection in China requires the implementation of various strategies. The imposition of post-termination non-compete obligations on employees who have access to IP should be considered. We set out below the basic requirements to ensure the effectiveness of post-termination non-compete obligations. ... Read more