How to Enforce a Nonpiracy Agreement
- 1). Put the antipiracy agreement in writing at the outset of the employment relationship. The agreement should be inherently reasonable, which means it should do no more than protect confidential proprietary information. It should not attempt to prevent a former employee from working in the same field.
- 2). Make proprietary information be available only to employees who need it to perform their jobs. If information is proprietary but is not confidential, courts will be less likely to enforce the agreement. If client lists are posted on a company's website, for example, the information loses its confidential nature and courts will be less likely to uphold restrictions on its use. An antipiracy agreement should also include a provision requiring employees who violate its terms to pay any legal fees or costs associated with its enforcement.
- 3). Get legal help. If a former employee ignores an antipiracy agreement he has signed and uses confidential proprietary information in his new job or business, a company's only recourse may be to file a legal action seeking a temporary restraining order. This can be expensive and time-consuming. In some cases, a contract providing for money damages in lieu of a temporary restraining order will be upheld in court. Enforceability of such provisions will be governed by state law.
- 4). Contact an attorney in your area with knowledge of contract law for help with specific questions regarding antipiracy agreements.
Source...