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