If I was a fisherman and I engaged a subcontractor under an agreement to work for me...This person has no experience at all. I take them in and teach them all the trade secretes to catching the fish and take them to market to sell direct to the public. I show them the right fishing holes where you can always get the best catch and I pay them a commission to catch a fish. I also get them to go to market with the fish to sell direct to the public.
After 6 months, they hand in their notice and give me back my boat and all my fishing gear.
Next week, I take my boat out and this subcontractor is sitting right in my fishing hole with his own boat using all the gear I taught him to use as well as my 5 years of knowledge. I find out he had registered his business and starting obtaining all the equipment to set up his own fishing business 4 months ago while he was still under contract with me.
My concerns are I have been going to the markets for 5 years and he has been the new face of our business for the past 6 months, so I fear my customers are going to be confused that they brought my fish of him for the past 6 months that now he set up his store they will mistake his business as mine either though he has set up a new business name.
Do I have any legal intellectual property law rights in Australia? It's so frustrating I taught him all the trade secrets of what I have learnt over the past 5 years.
Thanks in advance.
After 6 months, they hand in their notice and give me back my boat and all my fishing gear.
Next week, I take my boat out and this subcontractor is sitting right in my fishing hole with his own boat using all the gear I taught him to use as well as my 5 years of knowledge. I find out he had registered his business and starting obtaining all the equipment to set up his own fishing business 4 months ago while he was still under contract with me.
My concerns are I have been going to the markets for 5 years and he has been the new face of our business for the past 6 months, so I fear my customers are going to be confused that they brought my fish of him for the past 6 months that now he set up his store they will mistake his business as mine either though he has set up a new business name.
Do I have any legal intellectual property law rights in Australia? It's so frustrating I taught him all the trade secrets of what I have learnt over the past 5 years.
Thanks in advance.