Legal Question in Business Law in India

IP Stealing and poaching

I employed two sales people in my start-up. One of them worked good and the other one didn't produce any results for a long time. I had a cash crunch in the company and with mutual agreement, I didn't pay full salary to them for whole period of employment. Then they left the company and now claiming a hefty amount for the whole salary. Also, they have copied the software application my company had created and they were marketting for with the help of few developers and trying to poach our employees. Please let me know what can I do in this regard? Do I have to pay them any amount? Are they accused for copying the application and poaching employees?


Asked on 12/08/08, 7:27 am

5 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: IP Stealing and poaching

you will have to pay them the dues outstanding. you can take action against them for copying

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Answered on 12/09/08, 7:38 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: IP Stealing and poaching

Hello.

You will have to pay them the outstanding dues and then you may take action against them for copying.

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Answered on 12/15/08, 6:42 am
Vivek Mapara Vivek N. Mapara

Re: IP Stealing and poaching

So far so, underpayment is concerned, you will have to pay, unless you can establish, that there was oral agreement, between you and employee reducing the pay.

Secondly, if details are sufficient, then a suit for copyright infringement can be filed, wherein damages and compensation can be claimed. You can also file criminal complaint, as infringement i a criminal offence attacting punishment extending to 3 years imprisionment and fine upto Rs. 2 Lack

Feel free to contact

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Answered on 12/08/08, 8:24 am
Nasir Butt Nasir Law Associates

Re: IP Stealing and poaching

Reply of Mr. vivek Mapara is good enough.

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Answered on 12/08/08, 10:01 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: IP Stealing and poaching

Yes, you may lodge a complaint against misuse of your product.

Their demand should be met as per the contract between you.

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Answered on 12/10/08, 12:20 am


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