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Can I get banned from using capacitive touch technology? (intellectual property)
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ebastler:

--- Quote from: Nusa on November 01, 2023, 06:44:52 pm ---In any case, non-lawyer legal advice or generalizations in an international forum should always be suspect, especially if they aren't familiar with the laws of the region in question. Which would appear to be Hong Kong, if the OP's tag is correct.

--- End quote ---

I think this will largely be a matter of negotiation with the client, not laws ruling one way or the other.
langwadt:

--- Quote from: nctnico on November 01, 2023, 05:01:31 pm ---Yup. But some just try. I typically counter long term non-competes politely by requesting a compensation of 30k (or more) euro a year for not being able to operate in a certain market segment.

--- End quote ---

afaiu, the employment law here for non-compete clauses is limited in time and requires compensation, up to 6 months with 40% pay, up to 12months with 60% pay

ebastler:

--- Quote from: langwadt on November 01, 2023, 07:23:20 pm ---the employment law here for non-compete clauses is limited in time and requires compensation, up to 6 months with 40% pay, up to 12months with 60% pay

--- End quote ---

Since the OP is writing about a "client", I am assuming that this is not about employment, but working as a contractor or consultant. I would be very surprised if Hong Kong law (or Danish law, for that matter) has hard-and-fast non-compete rules for those.
langwadt:

--- Quote from: ebastler on November 01, 2023, 07:28:42 pm ---
--- Quote from: langwadt on November 01, 2023, 07:23:20 pm ---the employment law here for non-compete clauses is limited in time and requires compensation, up to 6 months with 40% pay, up to 12months with 60% pay

--- End quote ---

Since the OP is writing about a "client", I am assuming that this is not about employment, but working as a contractor or consultant. I would be very surprised if Hong Kong law (or Danish law, for that matter) has hard-and-fast non-compete rules for those.

--- End quote ---

agreed

ejeffrey:

--- Quote from: ebastler on November 01, 2023, 07:28:42 pm ---
--- Quote from: langwadt on November 01, 2023, 07:23:20 pm ---the employment law here for non-compete clauses is limited in time and requires compensation, up to 6 months with 40% pay, up to 12months with 60% pay

--- End quote ---

Since the OP is writing about a "client", I am assuming that this is not about employment, but working as a contractor or consultant. I would be very surprised if Hong Kong law (or Danish law, for that matter) has hard-and-fast non-compete rules for those.

--- End quote ---

Definitely check with a local employment lawyer on that as well.  At least in the US, non-compete agreements with independent contractors are generally harder to enforce than for employees, and furthermore a broad non-compete agreement could actually lead (in part) to the contractor being legally reclassified as an employee.  That would entitle them to benefits, paid time off, and leave the unintentional employer on the hook for considerable taxes.  It's not just that, but the basic idea is that if you exert control over how a contractor runs their business rather than simply the result you want, they aren't actually independent.  The department of labor has a multi-part test for misclassification of independent contractors that also considers things like whether you set your hours of work, provide your own tools and equipment, hire and pay your own support staff, and so on.
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