The Role of Non-Compete Agreements in Protecting Trade Secrets

  • Pratyush Prakarsh,
  • Harsh Vardhan and Mahewash Mariyam Alam
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  • Pratyush Prakarsh

    Student at Amity Law School, Noida, India

  • Harsh Vardhan

    Student at Amity Law School, Noida, India

  • Mahewash Mariyam Alam

    Student at Amity Law School, Noida, India

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Abstract

This paper explores the role of non-compete agreements (NCAs) in protecting trade secrets while analyzing their implications for employee mobility, innovation, and economic dynamics. Non-compete agreements have become increasingly prevalent as businesses seek to safeguard proprietary information and maintain competitive advantages; however, their use has sparked significant debate regarding ethical considerations and the potential restriction of workers' rights. This study provides a comprehensive overview of the definition, enforceability, and global perspectives of NCAs, highlighting successful reform initiatives in various jurisdictions, including California, Illinois, Massachusetts, and Virginia. These case studies demonstrate the effectiveness of legislative changes in promoting employee mobility and fostering a dynamic labor market while still allowing for legitimate business protections. Furthermore, the paper examines the impact of digitalization and the gig economy on the relevance of NCAs, emphasizing the need for a reevaluation of existing legal frameworks. The findings underscore the importance of balancing employer protections with employee rights and suggest that collaborative dialogue among stakeholders is essential for developing fair and equitable legislation. Ultimately, this paper advocates for comprehensive reform of non-compete agreements to enhance economic growth, encourage innovation, and empower workers to pursue their careers freely.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 5, Page 1833 - 1869

DOI: https://doij.org/10.10000/IJLMH.118427

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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