student
[ Scorecard : 30]
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Posted On 12 June 2012 at 16:02
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Dear Frnd's and legal advisers,
I started a private limited designer company for which i selected a person from fashion institute on the campus Interview for the position of designer in my company and asked him to join within two month by giving him an offer letter. And later he made his confirmation through e-mail to join as an employee.. So, on the mutual trust I din't gave him an appointment letter. But after two to three days going through all the intellectual documents, concept design etc in the company and now he disappeared.
1. so, what is the legal remedy available for the company against him from exploiting my idea's and designs.
2. And also get me an Draft Appointment Letter.
kind regards;
Abdul Rahman
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NA
[ Scorecard : 3362]
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Posted On 12 June 2012 at 17:14
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Advocate
[ Scorecard : 279]
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Posted On 12 June 2012 at 17:15
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If your dress designs are registered with the Controller then you can sur him for trademark violation for copying your designs upto 10 years after their creaton. If unregistered you can still sue him till you have manufactured 49 pieces of your dress/items.
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Advocate
[ Scorecard : 279]
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Posted On 12 June 2012 at 17:21
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^^ sue for copyright violation not trademark
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student
[ Scorecard : 30]
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Posted On 12 June 2012 at 17:38
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thank a lot Mr.Sanyam Malhotra but still i want more clarification about the procedure to be adopted and the applicable law with the section, if possible
kind regards..
A. Abdul rahman
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student
[ Scorecard : 30]
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Posted On 12 June 2012 at 17:39
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And whether can we invoke sec 72 of Information Technology Act over here..
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Advocate
[ Scorecard : 279]
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Posted On 12 June 2012 at 17:58
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Section 72 of IT act has no application in your case. If you want to initiate criminal charge you will have to establish 'mens rea' in court. If your design is registered you can proceed u/s 22 of designs act for piracy of design.
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student
[ Scorecard : 30]
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Posted On 12 June 2012 at 20:21
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but I haven't registered it sir, now wat is the procedure to be taken by me againt him if he exploits my designs...to other competitors under copyright , etc.
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Advocate
[ Scorecard : 279]
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Posted On 13 June 2012 at 12:21
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please get in touch with an advocate for details
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Advocate
[ Scorecard : 24]
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Posted On 18 June 2012 at 19:23
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Hereafter, please enter into a Non-Disclosure Agreement before disclosing your Intellectual Property to any one. And also, it is advisable to have an NDA with all your employees so that they cannot go use it in any manner when they go out.
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