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This principle is unlikely to be of great relevance in cases for the protection of business secrets.
The protection of business secrets should be safeguarded, as should the effectiveness of clemency programmes, for which guidelines are requested.
For example, an employee will have a written contract of employment in which clauses will provide for the restraint of trade and for the protection of business secrets.
The protection of business secrets is one of the two grounds upon which a restraint of trade clause can in general be justified (the other being the protection of customer connections).
It has long been recognised by the courts that the protection of business secrets is a legitimate ground for the imposition of restrictions on persons to whom such secrets have been disclosed.
The extent to which covenants in restraint of trade can be justified on the grounds of protection of business secrets is discussed in general terms in Part I and in relation to specific types of contracts in Parts III to VI.
