cpc

when nda is not signed


Hi,

 

I am running a small consultancy (single owner proprietorship). I am executing flow analysis for my clients company concept designs.I have not signed any NDA agreement with my clients.

 

I am getting the technical work done by several consultants and running my business with the help of my friends and relatives.

Few months before a new Manager has joined my client company and started insulting my consultants who are working for their project on behalf of my company,he threatned them to execute few projects free of cost else he will bound them in IP data dispute.After this incident my consultants stopped working for their project.

After completing the existing projects , I am not accepting any projects from that company.

 

My consultants are refusing to accept any projects with my company after this incident.

 

Please suggest me , whether my client company can bound my consultants and my friends and relatives in IP disputes?

What precautions I have to take to protect my consultants,friends and relatives?

For the projects we have executed earlier,where  NDA is not  signed,how many years we will be responsible for the design data?

 

Thanks in advance

Rajesh

 
Reply   
 

Dear Rajesh,

 

I presume that you and your consultants come across the Intellectual Property and technical know-how of your client when you execute flow analysis for them. In such a scenario it is the client who should have had a non disclosure agreement executed to protect its IP and know-how.

Regarding IP data disputes, please be advised that an action can be taken against you for infringement of registered IP such Patents, Designs, Trade Marks etc. If no such infringement has been happened at your end then you need not be worried. With regard to unregistered IP and technical know-how of a company, since a NDA has not been executed you cannot be held responsible for use of that know-how in any case since you are under no obligation to protect their data.

Going forward, I suggest you have appropriate agreements in place with your consultants and with your clients for future projects. Such agreements may provide for proper representations, confidentiality and indemnity protecting you and your consultants. 

Trust this is helpful.

 

Regards,

 

Abhinav Bhalla

B.Tech, LL.M. (Kings College London)

Advocate l Registered Patent Agent

abhinav.bhalla@gmail.com

+91-9910406711

 
Reply   
 


Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505

Dear Rajesh,

I have gone through your problem and advice given to you. In the given situation no body can harm you in any manner under IP Laws as well as IT act because your consultants were working for that company. Please ensure and get NDA agreements prepared from good lawyer.

Regards

Rajiv Bhasin(Adv.)
Managing Partner

Bhasin & Associates

9811210505, 9868635640

 
Reply   
 

Dear Sir,

Thanks for the advice.

Please let me know wheter my consultants can be harmed by my client company in any way ?

1.My consultants are working from their home (Not at my clients office) during the project.What ever the  minimum data required for the project has been send my  client company through e-mail  to their personal e-mail ID,with a copy to my personal e-mail ID.

2.I have executed agreements to my consultants telling that they are not a part of any dispute between my consultancy and my clients company.

3.It is agreed between my consultancy and my client company in the invoice stating that any dispute related to this project should be settled strictly with me (Rajesh,the proprietor) only.

A copy of this invoice is given to my consultants.

Sl No 2 and 3 is executed to  secure my consultants and bring them a confidence of security.Because they are the people who are the back bone of my consultancy.

 

Knidly advice whether my client company can harm my employees and consultants in any way under IT Laws and IP laws.

 

Thanks in advance

Rajesh

 
Reply   
 

Dear Sir,

Thanks for the advice.

Please let me know wheter my consultants can be harmed by my client company in any way ?

1.My consultants are working from their home (Not at my clients office) during the project.What ever the  minimum data required for the project has been send my  client company through e-mail  to their personal e-mail ID,with a copy to my personal e-mail ID.

2.I have executed agreements to my consultants telling that they are not a part of any dispute between my consultancy and my clients company.

3.It is agreed between my consultancy and my client company in the invoice stating that any dispute related to this project should be settled strictly with me (Rajesh,the proprietor) only.

A copy of this invoice is given to my consultants.

Sl No 2 and 3 is executed to  secure my consultants and bring them a confidence of security.Because they are the people who are the back bone of my consultancy.

 

Knidly advice whether my client company can harm my employees and consultants in any way under IT Laws and IP laws.

And also since an NDA is not signed between my client company and my consultancy , legally  how many years we are covered under NDA by default.

 

Thanks in advance

Rajesh

 
Reply   
 

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