Legal Question in Intellectual Property in North Carolina

Recreate Software

While working for a former employer that provides professional services, I rewrote a piece of software that they sell to existing clients as an add-on service. Recently I decided to leave the employer and start my own technology consulting company. I want to create a software product that provides similar functionality but in a different way with features that do not exist in my former employers product and will be created using different technologies and programming languages.

Am I breaking any laws by doing this?


Asked on 7/22/08, 12:17 pm

2 Answers from Attorneys

Richard Wolf Wolf Law Associates LLC

Re: Recreate Software

The questions you raise require consultation with a qualified intellectual property and business lawyer. It is suggested that you also consider someone with an employment law background. I would be happy to discuss these issues with you.

This response to an anonymous inquiry is not intended as legal advice and does not form an attorney-client relationship.

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Answered on 7/22/08, 12:26 pm
Nancy Delain Delain Law Office, PLLC

Re: Recreate Software

Mr. Wolf is correct.

Whether or not your actions would be actionable depends in large measure on your contractual obligations to your former employer, and you do need to spend some time with a lawyer to determine exactly where you stand in this. Your state or county bar associations are probably good sources of referrals to attorneys who handle a mix of IP, business and employment law.

Good luck.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 7/22/08, 3:02 pm


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