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Abu (student)     12 June 2012

Infringement on design

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


 10 Replies

Ranee....... (NA)     12 June 2012

I wud also like to know.

Sanyam Malhotra (Advocate)     12 June 2012

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.  

Sanyam Malhotra (Advocate)     12 June 2012

^^ sue for copyright violation not trademark

Abu (student)     12 June 2012

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

Abu (student)     12 June 2012

And whether can we invoke sec 72 of Information Technology Act over here..

Sanyam Malhotra (Advocate)     12 June 2012

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.

Abu (student)     12 June 2012

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.

Sanyam Malhotra (Advocate)     13 June 2012

please get in touch with an advocate for details

Ramachandran (Advocate)     18 June 2012

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. 

subramanian (consultant)     16 July 2012

The moment you employ any person there should be a service agreement which should include clauses relating to intellectual property like non dicclosure,the ownership of designs created by him while working in your organisation etc Further more you should have registered your designs under the designs act.As you have failed to do both I think you would not be able to take any action as the design if copied and sold to the public has entered public domain and so publicly known and nobody can claim right to it now.


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