Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
The Wrong Tool For The Job: The Ip Problem With Non-Competition Agreements, Viva R. Moffat
The Wrong Tool For The Job: The Ip Problem With Non-Competition Agreements, Viva R. Moffat
Viva R. Moffat
THE WRONG TOOL FOR THE JOB:
THE IP PROBLEM WITH NON-COMPETITION AGREEMENTS
Viva R. Moffat
Abstract
In this article, I argue that non-competition agreements should be unenforceable. Although various attacks have been launched at non-competes, most of them have been aimed at reforming the doctrine rather than eliminating enforcement of the agreements entirely. This is because the justifications for non-competes have been left mostly unchallenged, and I undertake that task here.
The most problematic and least examined of these is the IP justification: in an increasingly knowledge-based economy, many argue that non-competes are necessary to protect trade secrets and other …