FLAT 20% OFF and 3-Months ADDED Validity on All Courses Absolutely FREE! Enroll Now Use Code: INDIA20
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Basavaraj (Asst, Manager-Legal)     21 October 2010

shall we issue notice to outsource employee for disclose IPR

Dear Learned Members:


We are coffee providing company and appointed one machine technician/employee through Man Power Agency (was an off roll employee associated with Man Power Agency), had worked in our clients sites/places to maintain coffee vending machine as a technician in Mumbai. In the site/places he had been caught doing some manipulation with our machine therefore started absconding, without our notice and thereafter he submitted his resignation to Man Power Agency, also they have accepted his resignation.

Now he joined our competitor and started disclosing our trade secrets to them, because of this we are facing major problem with our client.

Kindly let us know what legal action we can take for disclosing our trade secrets. We don’t have any agreement with but we have executed an agreement with Man Power Agency, but in that agreement we did not mention anything about this.

Can we suggest Man Power Agency to take action for disclosing our trade secrets .

Can we send legal notice to him from our end for disclosing our trade secret to our competitor.

 

Early reply would be approciated.

 



Learning

 3 Replies

Pushpa Rawat (n/a)     22 October 2010

Hi,

Since you had not mentione Non disclosure in the agreement you had signed with the Man power agenncy, you can not sue the Man power agenecy and hence the ex-emplopyee. Legally you can not bind that person, but personally speak to him and try to convice him not to do these kind of activities on mutual understanding.

However make sure that you get this Non Disclosure clause in the agreement and appointmnt letters for all the new joinees joing your organization. Also ask the exisitng staff to sing a NDA, make a format and put all the necessary and evident clauses in NDA.

Regards,

Pushpa

Pratheep Kumar (Asst. Manager - HR)     23 October 2010

 

Mr. BASAVARAJ.R

 

Since you do not have the agreement it is impossible to take the legal action against the worker.  Any how you may ask your service provider to file the complaint in local police station for the manipulation.

 

Regards

 

Pratheep Kumar. R

Basavaraj (Asst, Manager-Legal)     25 October 2010

Dear Pushpa and Pratheep, thanks for your reply.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query