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Escaping liability in starting business by copying employers formula
06-Jul-2023 (In Trademark & Copyright Law)
I Need an advise ,I am working as an employee in MNC Company in sales department . I have started my own company and I have copied my own company formula to make the product , well the product is not patent. Now I am all set to start the business but still I didnt left the company . I wanted to know where I will get stuck if I run the business now? what are the documents I should have ?
Dear Client,
Infringement of intellectual property (data/formula/etc) amounts to theft? Now as you are stating that the formula is not patented, kindly do some research and check for competitors who are using the same formula for doing same kind of business. You will get a fair idea of market and if its openly available in market you can always use it.
As the question is without specific details, nothing much can be said. To give a proper advice, will have to discuss the facts and check entire back ground, details about any NDA's (non-disclosure agreements, etc) before giving any legal advice.
If you with you can reach out to us for further consultation.
Expert Jurist LLP
Infringement of intellectual property (data/formula/etc) amounts to theft? Now as you are stating that the formula is not patented, kindly do some research and check for competitors who are using the same formula for doing same kind of business. You will get a fair idea of market and if its openly available in market you can always use it.
As the question is without specific details, nothing much can be said. To give a proper advice, will have to discuss the facts and check entire back ground, details about any NDA's (non-disclosure agreements, etc) before giving any legal advice.
If you with you can reach out to us for further consultation.
Expert Jurist LLP
Helpful?
25+
25+
Adv. JV Bhosale
Mumbai | 400+ Answers
Chat
to solve your query i need answer of fallowing questions.
1.which kind of product you have copied.
2.how you know that product is not patented by company.
3.we need to check all conditions which were mention in your offer letter and joining letter at the stage to joining of company.
4. is there any other kind of agreement which is signed by you and between company.
provide me these information than you will get proper advice by me.
1.which kind of product you have copied.
2.how you know that product is not patented by company.
3.we need to check all conditions which were mention in your offer letter and joining letter at the stage to joining of company.
4. is there any other kind of agreement which is signed by you and between company.
provide me these information than you will get proper advice by me.
Helpful?
25+
25+
Adv. Gaurav Bhawsar
Mumbai | 25+ Answers
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If I understand correctly- you are currently working in a MNC as an employee and during such employment you have started your own company? Where you have copied the product formula from this MNC?, If all of this is true I am assuming you would have signed an employment contract and a non-disclosure agreement with the MNC? If in fact you have signed these agreements then using the company's formula is illegal, whether you are employed in a company or not if you use their formula and especially without being granted a patent for the product you would have committed an illegal act for which the MNC can take legal action against you. Also running your own company while still being employed by the MNC would go against your employment agreement.
Helpful?
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