Category: Allgemein

Which Of The Following Is An Exception To The Rule That An Agreement In Restraint Of Trade Is Void

In Chua Chian Ya v Music & Movements (S) Pte Ltd,(4) the Singapore Court of Appeal distinguished between restrictions on an artist`s ability to earn a living (i.e. by writing or performing music) and restrictions on an artist`s sale of his or her interest in his or her musical compositions. The Court held that the doctrine of trade restriction applied to the first restriction, but not to the second. In that case, the court held that the clause was not a commercial restriction clause, since the clause in question allowed the artist`s intellectual property rights to be sold. .