No Non competence agreement with company issue of infringement
10-Sep-2023 (In Corporate Law)
Hello, I am Aditya and have been working in an organization as Business Analyst from past 5 years. During my tenure there, I used to work on enhancement and functionality testing of a Project Management tool which was used In-house for all internal employees. From last 2 years I started working on creating a Project Management tool of my own. Since I'm not a developer so hired a developer who had build the application for me. The application is totally different than what I used to work on in terms of Functionality and UI however the base of both remains the same (Project Management) I have recently resigned in the organization and planning to incorporate my Private Limited firm and start selling the same once I'm out of the office. There isn't any Non-competence Agreement signed by me. I wanted to know if there would be any legal issues in this as I started working on it while I was employed with the company (however I did all in my Non-working hours) Also other issues if any.
Dear Aditya, I need to go through the appointment letter issued by your company and also need to know and understand in detail the exact modus operandi of your work. So don't take hasty decision else you may land up into legal problems. So better you call me and take my appointment and meet me, I will go through the documents and after discussion will be able to guide you properly.
To answer your questions accurately need the following:-
1. Employment Agreement/Appointment letter with all annexure signed by you as joining formalities
2. Copy of Policy to which you are bound to abide or comply during employment esp policy dealing with BYOD, LAPTOP UNDERTAKINGS AND SO ON
3. Source and INFORMATION OF KNOWLEDGE AND REFERENCE MATERIAL REFERRED DURING DEVELOPMENT work
4. Which laptop(personal or office) was used while doing development.
There are many things to be assessed before deciding the issues and probability of infringement claim in addition to non-compete & non-solicitation clause.
1. Employment Agreement/Appointment letter with all annexure signed by you as joining formalities
2. Copy of Policy to which you are bound to abide or comply during employment esp policy dealing with BYOD, LAPTOP UNDERTAKINGS AND SO ON
3. Source and INFORMATION OF KNOWLEDGE AND REFERENCE MATERIAL REFERRED DURING DEVELOPMENT work
4. Which laptop(personal or office) was used while doing development.
There are many things to be assessed before deciding the issues and probability of infringement claim in addition to non-compete & non-solicitation clause.
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