non-competition Archives - Bridge IP Law Commentary

Does Engaging Employee liable for Non-Competition Constitute Infringement in China?

Posted on December 2, 2016 by yytbest

(By Yue Mengyan) An employee violates non-competition clause in his previous labor contract with his former employer, and works for a new employer, which has a competitive relationship with his former one. Could the former employer claim the new employer to be liable for such infringement, in addition to the employee’s liability for breach of contract? Pursuant to relevant laws and regulations in China, we will introduce a case and make our analysis in the following.

Case Introduction:

Appellant (defendant of first instance): Liu Guoqing

Was Tencent’s Unverified Non-Competition Agreement Illegal?

Posted on January 7, 2014 by yytbest

(By You Yunting) Abstract: Many of Tencent’s non-competition contracts, recently reported online are likely not real due to obvious invalidity. If the contracts were genuine, one might wonder about the intelligence and morality of Tencent’s managers and officers. These agreements are arrogant, domineering, selfish and largely ignorant of relevant laws. It is hard to imagine how these contracts could come from a listed company with billions of dollars. Additionally, Tencent could possibly be required to pay large amounts of compensation to departing employees in order to fully comply with the relevant laws.

China’s Latest Laws and Regulations in February 2013

Posted on March 5, 2013 by yytbest

I. The China Securities Regulatory Commission Issued the Business Rules for the Small and Medium Sized Enterprise Share Transfer System and their Detailed Rules.

In January 2013, the National SME Share Transfer System Co., Ltd. (“NSSTS Co.”) was officially established. On February 2, 2013, the China Security Regulation Commission (“CSRC”) issued the Interim Measures for the Administration of the SME Share Transfer System Co., Ltd. (“Interim Measures”). Accordingly, these regulations have defined the legal status of the National SME Share Transfer System (“NSSTS”), the NSSTS Co., and companies with stock listed on the NSSTS, as well as the responsibilities of NSSTS Co. Additionally, the aim of the Interim Measures is to establish the basic administrative framework of the NSSTS to highlight the self-regulatory nature of the NSSTS Co. Furthermore, the Interim Measures mandate the CSRC to implement uniform supervision and administration.

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Tag Archives: non-competition

Does Engaging Employee liable for Non-Competition Constitute Infringement in China?

Was Tencent’s Unverified Non-Competition Agreement Illegal?