The Protective Covenant Agreement serves as a crucial legal instrument for organizations operating in India to protect their legitimate business interests, confidential information, and competitive advantage. This document is typically used when engaging employees, contractors, or business partners who will have access to sensitive information or key business relationships. The agreement must be carefully drafted to comply with Indian legal requirements, particularly considering that Indian courts generally only enforce reasonable restrictions that are necessary to protect legitimate business interests. The document includes provisions for confidentiality, non-competition, and non-solicitation, while ensuring compliance with Section 27 of the Indian Contract Act, 1872, which renders agreements in restraint of trade void unless they fall within specific exceptions. The agreement's terms must be reasonable in duration, geographical scope, and subject matter to enhance enforceability under Indian law.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership聽of your docs
1. Parties: Identifies and defines the parties to the agreement, including their legal status and registered addresses
2. Background: Sets out the context of the agreement, relationship between parties, and purpose of the protective covenants
3. Definitions and Interpretation: Defines key terms used in the agreement and rules for interpreting the document
4. Scope of Relationship: Describes the nature of the business relationship between the parties
5. Confidential Information: Defines what constitutes confidential information and the obligations regarding its protection
6. Non-Competition Obligations: Details the specific restrictions on competitive activities, including temporal and geographical limitations
7. Non-Solicitation Provisions: Specifies restrictions on soliciting employees, customers, or suppliers
8. Intellectual Property Rights: Addresses ownership and protection of intellectual property
9. Duration and Territory: Specifies the time period and geographical area for which the restrictions apply
10. Return of Confidential Information: Procedures for returning or destroying confidential information upon termination
11. Breach and Remedies: Outlines consequences of breach and available remedies
12. General Provisions: Standard clauses including notices, entire agreement, variation, and governing law
1. Training and Development Protection: Used when significant investment in employee training needs protection
2. Industry-Specific Restrictions: Added for specialized industries with unique competitive concerns
3. Data Protection Obligations: Required when dealing with personal data or sensitive information
4. Post-Termination Obligations: Detailed section when specific post-relationship obligations need emphasis
5. Consideration: Required when specific consideration is provided for the restrictions
6. Severability and Modification: Detailed provisions for court modification of unenforceable terms
7. Dispute Resolution: Added when specific arbitration or mediation procedures are preferred
1. Schedule 1 - Protected Information: Detailed list of specific confidential information and trade secrets covered
2. Schedule 2 - Restricted Territory: Detailed description and/or maps of geographical areas where restrictions apply
3. Schedule 3 - Restricted Businesses: List of specific competing businesses or business types that are restricted
4. Schedule 4 - Key Customers and Suppliers: List of specific customers and suppliers covered by non-solicitation provisions
5. Appendix A - Acknowledgment Form: Form for periodic acknowledgment of compliance with obligations
6. Appendix B - Exit Procedures: Detailed procedures for ensuring compliance upon termination of relationship
Find the exact document you need
Non Solicitation Agreement Employees
An Indian law-compliant agreement preventing employees from soliciting company employees, clients, or business partners post-employment.
Download
Protective Covenant Agreement
An Indian law-governed agreement establishing protective covenants for confidential information, business relationships, and intellectual property protection, structured within Indian legal constraints.
Download
骋别苍颈别鈥檚 Security Promise
Genie is the safest place to draft. Here鈥檚 how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; 骋别苍颈别鈥檚 AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)