Apni Law Staff asked 2 years ago
I worked for an open-source telecom software company that only used open-source tools. I signed a document stating I couldn’t work with competitors or start a similar business for 3 years. Now, I want to launch a similar business using the same open-source technologies. Is this agreement legally binding, considering I’m using open-source technology and not anything proprietary? My expertise in this field should be utilized, right?
Best Answer
Apni Law Staff answered 2 years ago
The non-compete clause in your agreement may be legally binding, even if you’re using open-source technology. Indian courts have upheld such clauses when they are reasonable in scope and duration, and protect legitimate business interests. However, using only open-source technology may make the enforceability of the clause more difficult, and you should consult a lawyer to assess your specific situation.
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