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Restraint of Trade,Trade
Secrets and the Employee's Duty of Confidentiality - Equity at Work (F2) |
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| Date: |
24 February 2012 Friday |
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| Time: |
9:30am ¡V 12:45pm |
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| Speaker: |
Anne Carver, Consultant Professor, The faculty of Law, The Chinese University of Hong Kong |
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Venue: |
will be confirmed around 3 days prior to the event date |
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CPD/CPT Points: |
3 Fee : HK$1,400 |
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Non-core CPD/Excutive |
1 Fee : HK$1,400 |
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Package Cost : |
Only 9K for 15 staff |
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Level of Study : Language: |
Intermediate English |
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Presenter: Anne Carver, Consultant Professor, The faculty of Law, The Chinese University of Hong Kong ¡@ |
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Course Objective : |
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Highlight : |
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| The seminar provides an analysis of the law relating to restraint of trade clauses, trade secret and the duty of confidentiality. We shell explore developments in the use by employers of actions for breach of confidence as an equitable remedy for the misuse of confidential information be employees. | ||
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The lecture will examine recent development in Hong Kong law in the complex overlay between the duties of the employee as fiduciary and the "modern" law on restraint of trade generally in senior employees' contacts. We shall also examine the relationship of confidentiality to trade secrets with an analysis of recent cases including: | |
| ¡@ | AXA China Region Insurance Co Ltd v Pacific Century Ltd(2001) HKEC931 | |
| ¡@ | Sin Kon Fah v JBPB and Co [2011] HKEC 844 | |
| ¡@ | PCCW-HKT Telephone Ltd and Another v David Matthew Macdonald Aitken and Another HCA 1089/2008 | |
| ¡@ | Imerman v Tchenguiz and Others [2010] 2 FLR 814 | |
| ¡@ | Campbell v MGM [2004] 2 AC 547 | |
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| ¡@ | This is important area of law for both employees and employers and raises difficult public policy issues on legitimate issue sand intellectual capital. We are now 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 are also seeing 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 ane expanding to assist employers. | |
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