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Author	Dr Parineeta Goswami
Organisation/Institution	University of Petroleum and Energy Studies, Dehradun
Country	INDIA
Panel	Corporate Law and Governance
Title	GUARDIANS OF INNOVATION OR GATEKEEPERS OF OPPORTUNITY? THE ROLE OF NON-COMPETE CLAUSES IN SHAPING ASIA’S CORPORATE AND EMPLOYMENT LANDSCAPE
Abstract	As Asia’s economies develop and integrate into the global economy, employment mobility and corporate interests are important in understanding the region’s unique interpretation of the rule of law. Non-compete clauses, traditionally aimed at protecting corporate interests and intellectual property, have become more essential in this evolving landscape. This paper reviews the application and enforceability of non-compete agreements in China, India, Japan, and Singapore and how these countries strike the balance between the protection of corporate assets and preserving employee rights. Asian legal systems frequently emphasize broader social goals, such as economic stability and collective interests, in interpreting non-compete clauses in contrast to Western approaches where labour mobility often receives more legal recognition. This paper examines how each country’s legal narrative is shaped by its cultural, economic, and social context. Issues highlighted by the paper include the legal parameters of reasonable restraints, the factors the court considers regarding the legal enforceability of such agreements, and the prospect of these businesses and the workforce within these emerging economies. Through in-depth analysis, this paper proposes to study how Asia’s distinct legal landscapes reflect and embody values like social harmony, economic development, and workforce protection, while simultaneously accommodating the region’s growing role in global business. By offering policy recommendations for balancing corporate innovation and employee mobility, the study provides a framework for potential legal reforms that consider both economic aspirations and workforce rights. Furthermore, this research contributes theoretically by framing Asia’s legal approaches as models of hybrid governance that adapt Western legal structures to align with Asian socio-economic priorities. By engaging with Asia’s diverse perspectives on the rule of law, this study contributes to the broader theme of "Asia’s Narratives" by illustrating how legal frameworks can uphold corporate innovation alongside individual opportunity. In doing so, it fosters dialogue on a balanced legal approach aligned with Asia’s unique aspirations, enhancing both legal scholarship and policy discourse.
Biography	Dr. Parineeta Goswami is an Assistant Professor of Law at the University of Petroleum and Energy Studies (UPES) in Dehradun, India, known for her dedication to legal scholarship and teaching. With over five years of experience, she has established herself as a respected educator and researcher in Corporate Law, Banking & Insurance Laws, and Insolvency and Bankruptcy Laws. Dr. Goswami's academic journey includes a Bachelor of Commerce (B. Com), a Bachelor of Laws (LL.B.), and a Master of Laws (LL.M.) with a Silver Medal for academic excellence. Awarded the prestigious Junior Research Fellowship (JRF) by the University Grants Commission (UGC), she later completed her Ph.D. at Rajiv Gandhi National University of Law (RGNUL), Punjab, focusing on insolvency and bankruptcy law. Dr. Goswami has served on the advisory and editorial boards of the journal KnowLaw and acts as a peer reviewer for the Law and Safety Journal. She is a member of several notable associations, including the International Institute of Engineers and Researchers (IIER), the Global Academy of Law-Tech Education and Research (GALTER), JustAI, and the South Asian Society of Criminology and Victimology (SASCV). Dr. Goswami has authored textbooks addressing crucial issues in the legal domain, including "Legal Aspects of Recovery and Reduction of Non-Performing Assets in Banking Industries" and "Emergency Arbitration Procedures." Additionally, she has contributed to an edited volume titled "Handbook on Traditional Pedagogy and Contemporary Approaches," alongside publishing numerous papers in prestigious journals indexed by Scopus, UGC CARE, and other peer-reviewed journals.