Non-competition clauses are legal agreements that prohibit a worker from working in the same sector as his employer after leaving his job, from asking for workers (non-invitation agreement) or even from setting up a business that uses the former employer`s trade secrets. Looking for help with confidentiality agreements in Indianapolis, Evansville, Lafayette, Bloomington, Fort Wayne, Terre Haute, Gary, Muncie, Carmel, Kokomo or any other Indiana city? What if you download a free privacy form from us today? This case offers several lessons. It reminds us that a confidentiality agreement cannot be legally applicable without reasonable time, geographical restrictions and materials. While some jurisdictions are in no way repudiated to decorate a contract with a blue pencil, it is more likely that a court will exercise this power if the agreement can be made applicable by amending or extracting provisions without adding new ones. Perhaps Moody J.A.`s very brief explanation of Swanel`s refusal to sue Bodemer over the secret formula – because Swanel did not possess it – would have been different if Swanel had proved that it was the exclusive purchaser of that flavour and that his contract with Swanel`s house allowed for a malfeasant action when he was not the owner of the commercial secret. In this case, Swanel might have confessed that the holder of an exclusive patent, trademark or copyright license could have brought an infringement action, even if the licensee is not the holder of the patent, trademark or copyright, where the license involves the issuance of the right to file such an action. The non-competition requirement provided for an appropriate geographic restriction, 100 miles from the company`s current location, and expressly allowed the Tribunal to amend that restriction if it was found to be unenforceable. Moody J.A. ruled that the agreement was not violated because Swanel Bodemer`s only customer was charged with theft more than 100 miles away.
(Swanel submitted that the client was more than 100 years old, but was closer to 100 nautical miles, but this argument was summarily rejected on the basis of the “simple meaning” rule and because nautical miles are only used in maritime and air traffic control.) It should also be noted that the free privacy agreement in Indiana should contain a clause providing that the employer grants or concludes the authorization when it receives the party receiving the sharing or use of proprietary information, and that the authorization granted does not result in a potential loss. The Indiana Confidentiality Agreement (also known as the “confidentiality agreement”) is the official contract used when an entity (person or company) intends to share secret information with another party, and they want to ensure that the entity that learns the information does not pass it on to people outside the agreement.