Trade Secrets FAQs

Can I stop a former employee from joining a competitor?

Generally not. Section 27 of the Indian Contract Act makes agreements in restraint of trade void, and courts consistently refuse to enforce non-compete clauses after employment ends. You can enforce confidentiality obligations during and after employment, restrain the misuse of your confidential information, and enforce a non-compete during employment, including during garden leave.

General information on Indian law, not legal advice. For advice on your situation, contact the firm.

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