Legal Question in Intellectual Property in India

technical design copy charges

i m n engineer and workd with X co at gurgaon for 2 years and left that to join Y company.X company have three partners with seperate products and offices. One of them got one product based on s/w and h/w patented and having good buiseness of that.I designed and created the same product for Y company and ready to launch. A third co Z had also developed the same and had become a competetor of First company X. X had filed a case , claiming that I left them and joined the Z company and assisted them in developeing the product. they had claimed that i was not in same design section, but had proper approach to all sections due to profesisonal powers. I got the data and shared with them. now the court had summoned me for the same. The X company had earlier also filed a case against another company and another ex employee to create buiseness trouble to them.My side of facts are that , i never even went to delhi office of company even for a single day of job. I never joined the third Company Z for even single day, nor I got any money ever from that company. I don,t hv any professional relation at all with that Z company. they had also mentioned the wrong time period of my tenure with them,shud i recieve the summon and go to highcourt


Asked on 11/27/07, 12:26 am

8 Answers from Attorneys
G. M. Gupta gmguptaandassociates

Re: technical design copy charges

you should go to court and tell them the facts. and should move against the company too.

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Answered on 12/01/07, 9:38 am
Amit Shukla AS and Associates Legal Services

Re: technical design copy charges

Pls contact personally.

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Answered on 12/01/07, 9:49 am
Nandita Haldipur Haldipur Associates

Re: technical design copy charges

you need to recieve teh summons and defend ur case

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Answered on 11/30/07, 9:30 am
Deepak kumar

Re: technical design copy charges

You will have to take summons seriously, not because the allegations are serious, because there is deadline and time attached to the reply, which as per Civil procedur code is to be filed within 30 days.

Regarding allegations in the plaint/suit, you are protected by Section 27 of Indian Contract Act, where by you cannot be prevented from pursuing your intellectual pursuits. Further Constitution itself guarantees you liberty in chosing your profession. Therefore you have good defence, but it need to be timely pursued.

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Answered on 11/27/07, 7:21 am
NISHANT KAUSHIK Juris Legam

Re: technical design copy charges

yes you should accept the summons , because there is time limit to file the reply in court.

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Answered on 11/27/07, 8:12 am
NISHANT KAUSHIK Juris Legam

Re: technical design copy charges

yes you should accept the summons , because there is time limit to file the reply in court.

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Answered on 11/27/07, 8:12 am
NISHANT KAUSHIK Juris Legam

Re: technical design copy charges

yes you should accept the summons , because there is time limit to file the reply in court.

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Answered on 11/27/07, 8:12 am

Re: technical design copy charges

You must accept the summons to avoid any adverse effect.In regad to rest, all the court papers are required to be examined to give and advise on subject matter.Your employment letter etc. also to be seen along with nature of your duty etc.Contact with details.Professional charges are applicable.

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Answered on 11/27/07, 10:40 am


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