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Current Non Compete Agreement

Current Non Compete Agreement Template for India

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Key Requirements PROMPT example:

Current Non Compete Agreement

"I need a Current Non-Compete Agreement for our software development company based in Bangalore, protecting our AI algorithms and client relationships, to be implemented by January 2025 for our senior developers and technical architects who have access to our proprietary code."

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Document background
The Current Non-Compete Agreement is essential for businesses operating in India who need to protect their legitimate interests while maintaining compliance with Indian law. This document is typically implemented when an employee has access to sensitive information, key client relationships, or trade secrets that could potentially harm the business if used competitively. The agreement specifically addresses current employment restrictions, as Indian courts generally only uphold non-compete clauses during the period of employment. It must be carefully drafted to balance business protection with employee rights under Article 19(1)(g) of the Indian Constitution and Section 27 of the Indian Contract Act. The document includes specific provisions about restricted activities, geographical limitations, and confidentiality obligations, while ensuring all terms remain reasonable and enforceable within the Indian legal framework.
Suggested Sections

1. Parties: Identification of the employer and employee, including full legal names and addresses

2. Background: Context of the agreement, nature of employment, and legitimate business interests being protected

3. Definitions: Key terms including 'Confidential Information', 'Competing Business', 'Restricted Territory', and 'Restricted Period'

4. Scope of Employment: Details of the employee's role and responsibilities

5. Non-Compete Obligations: Specific restrictions during employment, including not engaging with competitors or starting competing businesses

6. Confidentiality Obligations: Protection of confidential information and trade secrets

7. Duration and Territory: Temporal and geographical scope of the restrictions, ensuring reasonableness

8. Legitimate Business Interests: Detailed explanation of the business interests being protected

9. Acknowledgments: Employee's acknowledgment of the reasonableness of restrictions

10. Remedies: Consequences of breach and available legal remedies

11. Governing Law: Specification of Indian law as governing law and jurisdiction

12. Severability: Provision for partial enforcement if any clause is found invalid

Optional Sections

1. Non-Solicitation: Additional restrictions on soliciting employees, clients, or suppliers - used when there's significant client/employee relationships at stake

2. Intellectual Property Rights: Additional provisions for IP protection - used when employee role involves creation or access to IP

3. Garden Leave: Provisions for paid leave during notice period - used for senior positions

4. Training Cost Recovery: Provisions for recovering specialized training costs - used when significant training investment is involved

5. Industry-Specific Compliance: Additional compliance requirements - used for regulated industries like financial services or healthcare

6. International Operations: Cross-border considerations - used when company operates internationally

Suggested Schedules

1. Schedule A - Restricted Activities: Detailed list of specific activities that constitute competing business

2. Schedule B - Restricted Territory: Detailed geographical areas where restrictions apply

3. Schedule C - Competitor List: List of specific competitors with whom engagement is prohibited

4. Schedule D - Confidential Information: Detailed categories of confidential information covered

5. Appendix 1 - Employee's Role and Access: Detailed description of employee's position and access to sensitive information

6. Appendix 2 - Consideration: Details of any specific consideration provided for the non-compete obligations

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions






























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Relevant Industries

Information Technology

Financial Services

Pharmaceuticals

Manufacturing

Professional Services

Healthcare

Telecommunications

Research and Development

Consumer Electronics

Management Consulting

Biotechnology

E-commerce

Relevant Teams

Human Resources

Legal

Executive Leadership

Sales

Research & Development

Product Development

Information Technology

Business Development

Operations

Finance

Marketing

Customer Relations

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Software Engineer

Product Manager

Sales Director

Research Scientist

Business Development Manager

Technical Architect

Senior Consultant

Department Head

Regional Manager

Account Executive

Project Manager

Financial Analyst

Marketing Director

Operations Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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