Non-poaching clauses are applicable if the case does not contain common defences against infringements, including: a non-competition clause prevents a seller from competing with a customer`s business or providing goods or services to the customer`s direct competitors. Companies require such agreements from suppliers whose relationship with a competitor could allow or make it likely that it will disclose its customer`s trade secrets. The non-competition clause is also necessary if the seller`s products or services are an integral part of his customer in such a way that the customer`s activity would be harmed by the end of the customer-supplier relationship. A company also needs the agreement when it allows a provider to access a large amount of important information that, when passed on to a competitor, could harm the business in different ways. When assessing the adequacy of a non-competition clause, the Court shall take into account the duration and geographical scope of the agreement, the specific activity of the supplier excluded by the agreement, the need for the agreement and the commercial interest protected by the agreement. The need for the agreement relates to a legitimate commercial interest that needs to be protected, such as, for example. B the protection of trade secrets. The Court also takes into account the effect of the non-application of the agreement on that interest, such as, for example. B loss of a competitive advantage resulting from a trade secret. Legitimate business interests include the protection of goodwill, trade secrets and confidential information.
Indirect advertising becomes a bit blurry. It can mean a lot of things. For example, debauchery prohibition clauses may appear in employment contracts, service contracts, subcontracts and share purchase agreements: that is, contracts for the sale of a company. State laws to restrictive alliances vary.