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Skydd av know how efter att ett anställningsavtal respektive franchiseavtal löpt ut - en komparation

Lagergréen, Caroline (2008)
Department of Law
Abstract
The main purpose of this paper is to describe and investigate the rules of law and collective agreements in Swedish law that is primarily used concerning a legal appraisal of covenants in restraint of competition. This paper handles the questions that occur after a contract of employment or a franchise agreement terminate and especially the protection of companies ''know how''. In addition to that a comparison between the rules of law that surround covenants in restraint of competition in a contract of employment and a franchise agreement is being made. This paper contains both Swedish Law and European Community law. It is difficult to state an exact definition of what ''know how'' is. In this paper ''know how'' means non-patented... (More)
The main purpose of this paper is to describe and investigate the rules of law and collective agreements in Swedish law that is primarily used concerning a legal appraisal of covenants in restraint of competition. This paper handles the questions that occur after a contract of employment or a franchise agreement terminate and especially the protection of companies ''know how''. In addition to that a comparison between the rules of law that surround covenants in restraint of competition in a contract of employment and a franchise agreement is being made. This paper contains both Swedish Law and European Community law. It is difficult to state an exact definition of what ''know how'' is. In this paper ''know how'' means non-patented practical information, resulting from company experience that is secret, substantial and identified. Characteristic for a covenant in restraint of competition is that is a negative obligation and it is usually possible to divide into three components, a competition prohibition, a silence commitment and a consequence including a fine. A covenant in restrain of competition in a contract of employment is mainly regulated in 38 § in the Swedish Contract Act and the collective agreement from 1969. Concerning protection of ''know how'' in a franchise network it is mainly regulated by the Swedish Contracts Act and the Swedish Law Governing restrictive practices. The differences between the possibilities to protect ''know how'' using a covenant in restrains of competition in an employment contract and a franchise agreement are significant. The Labour Market Court has come to take, totally in line with the collective agreement from 1969, a restrictive attitude against covenants in restrain of competition in a contract of employment. The opposite is true when it comes to franchisors possibilities to use covenant in restrains of competition in a franchise agreement. In my opinion the Swedish rules of law and the collective agreement from 1969 are in need of a review according to the possibilities using covenant in restrain of competition. The evaluation shows that the Swedish legislator should increase the sectors where covenants in restrain of competition in contract of employment should be accepted and also review for what time period it should be valid for. In the future it is hoped that a generous usage of covenants in restrain of competition in franchise agreements is used. But the question is&semic is it fair that the Swedish general contract law give employees more extensive protection than individual franchisees. (Less)
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author
Lagergréen, Caroline
supervisor
organization
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
Arbetsrätt
language
Swedish
id
1559333
date added to LUP
2010-03-08 15:55:23
date last changed
2010-03-08 15:55:23
@misc{1559333,
  abstract     = {The main purpose of this paper is to describe and investigate the rules of law and collective agreements in Swedish law that is primarily used concerning a legal appraisal of covenants in restraint of competition. This paper handles the questions that occur after a contract of employment or a franchise agreement terminate and especially the protection of companies ''know how''. In addition to that a comparison between the rules of law that surround covenants in restraint of competition in a contract of employment and a franchise agreement is being made. This paper contains both Swedish Law and European Community law. It is difficult to state an exact definition of what ''know how'' is. In this paper ''know how'' means non-patented practical information, resulting from company experience that is secret, substantial and identified. Characteristic for a covenant in restraint of competition is that is a negative obligation and it is usually possible to divide into three components, a competition prohibition, a silence commitment and a consequence including a fine. A covenant in restrain of competition in a contract of employment is mainly regulated in 38 § in the Swedish Contract Act and the collective agreement from 1969. Concerning protection of ''know how'' in a franchise network it is mainly regulated by the Swedish Contracts Act and the Swedish Law Governing restrictive practices. The differences between the possibilities to protect ''know how'' using a covenant in restrains of competition in an employment contract and a franchise agreement are significant. The Labour Market Court has come to take, totally in line with the collective agreement from 1969, a restrictive attitude against covenants in restrain of competition in a contract of employment. The opposite is true when it comes to franchisors possibilities to use covenant in restrains of competition in a franchise agreement. In my opinion the Swedish rules of law and the collective agreement from 1969 are in need of a review according to the possibilities using covenant in restrain of competition. The evaluation shows that the Swedish legislator should increase the sectors where covenants in restrain of competition in contract of employment should be accepted and also review for what time period it should be valid for. In the future it is hoped that a generous usage of covenants in restrain of competition in franchise agreements is used. But the question is&semic is it fair that the Swedish general contract law give employees more extensive protection than individual franchisees.},
  author       = {Lagergréen, Caroline},
  keyword      = {Arbetsrätt},
  language     = {swe},
  note         = {Student Paper},
  title        = {Skydd av know how efter att ett anställningsavtal respektive franchiseavtal löpt ut - en komparation},
  year         = {2008},
}