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Intellectual Property Rights- Laws and Practices

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Added on  2020-05-16

Intellectual Property Rights- Laws and Practices

   Added on 2020-05-16

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Running head: BUSINESS LAW Business LawName of the studentName of the universityAuthor note
Intellectual Property Rights- Laws and Practices_1
1BUSINESS LAWCase 1 Shafron v. KRG Insurance Brokers (Western) Inc., 2009 SCC 6, [2009] 1 S.C.R. 157Type of restrictive covenant at issue The restrictive covenant which was at issue in the given case stated that the employee would notbe allowed for a period of three years to carry on direct or indirect work or be employed in orpermit in his name being used or be interested in relation to the business of insurance which wascarried out by him for the employer within metropolitan city of Vancouver. Decision of the court The court in this case held that the restrictive covenant which had been imposed by the employeron the employee was ambiguous and therefore unreasonable overturning the decision of thecourt of appeal. The reason behind the decision In this case it was stated by the court that there was an error on the part of the court of appeal tostate that the restrictive covenant was valid. The court was not provided with any evidence whichsuggested that there would have been an unquestioned agreement between the parties in relationto the removal of the word “Metropolitan” without altering other provisions of the contract orchanging the bargain otherwise. In addition there was no indication given by the parties inrelation to an agreement on a fact and mistakenly agreeing to some other fact in relation to thecontract in writing. In addition this could not be used to established the reasonableness of therestrictive covenant.
Intellectual Property Rights- Laws and Practices_2

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