Employment, Non-Competition and Intellectual Property: High Court Case of AMC International v. ABMC International

ABMC 2ND EXECUTIVE HUMAN RESOURCES BOOSTERS SYMPOSIUM 2013 DISPUTE COPYRIGHT TRADEMARK KENYA AMC INTERNATIONAL NAIROBI

This blogger has come across a recent ruling in the case of Africa Management Communication International Limited v Joseph Mathenge Mugo & another [2016] eKLR. In this case, the court declined to find the defendants (which included 2 ex-employees of the plaintiff) in contempt of court orders made preventing them from passing off and carrying themselves as a sister or associate company of the plaintiff (a former employer of the defendants). In addition the plaintiff sought to have the ex-employees committed in prison for three months for violating orders restraining one of the ex-employees from being a director in the 2nd defendant company for a stipulated period of 18 months.

This blogpost examines this case which illustrates the importance of ensuring that employers take proactive steps to secure all their intellectual property (IP) assets against employees no longer in employment and that such former employees are reasonably restrained by contract from trading using the IP assets of the former employer.

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