Protecting Trade Secrets Essay Example | Topics and Well Written Essays - 500 words

Protecting Trade Secrets - Essay Example There is reference to ‘reasonable’ in terms of the enforcement of the restraint, with direct bearing upon the protection of the company’s interests, being the clients and trade secrets of that business. The concept of restrictive covenants placed upon an individual has a long history, with legal case references being made as far back as the 17th century where a judgment was passed by Chief Justice Coke that an individual cannot bide himself not to use his trade generally. In 1711, a legal case; Mitchel v. Reynolds, mention was made in favor of the law, but against free discretion. Thus the law stipulated from these early times, that if a clause of restraint is unreasonable, it can be seen as void. Specifically pertinent to individuals; is a term known as the ‘blue pencil test’ which was defined in a 19th century English case namely, Nordenfelt v Maxim Nordenfelt Guns and Ammunition Co. Ltd [1894] AC 535, here elements of a contractual agreement can be enforced legally were reasonable, and the portions that had elements of illegality would be stricken from the agreement (via the scratching out of wording with a blue pencil), this would include individual words that make the clause excessively wide. Having dealt with the a general overview of legal descriptions and definitions of restraints of trade affecting the individual, one has to move on to the subjective viewpoint of the individual that is presented with such a restraint of trade within their offer of employment via their employment contract. Ultimately the individual has to make the decision of accepting or declining the contract, this decision must be made knowing that the restraint can be void if the clauses are worded in a fashion that causes the restraint to be too wide. However if directly relating to the business or company’s clients or trade secrets and the