Protection of intellectual property by means of the non-competition pact in the light of legislation and case law in employment relations

Abstract

The protection of intellectual property is the subject of discussion due to the growing investment of firms in intangible assets to create products that meet human needs and are, consequently, highly profitable. However, the investment made includes the conclusion of employment contracts with people who may potentially use the favourable conditions for knowledge production provided by the employer to carry out acts of unfair competition against them. This study aims to verify, through a qualitative approach and a literature review, how the non-competition clause may safeguard the interests of employers during the term of the employment contract and after its termination, analysing case law for that purpose. It was observed that, considering the lack of legal provision on the subject, there are precedents validating the clauses agreed between employee and employer during and after the term of the employment contract.