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NSW Intellectual Property Law - Starting Business in Another Country with Same Product?

Discussion in 'Intellectual Property Law Forum' started by Sagar, 19 November 2015.

  1. Sagar

    Sagar Member

    30 June 2014
    Likes Received:
    Hi there

    I am working for a company that had patents that are now expired. If I want to start my own business in another country other than Australia to manufacture the same products, will I be in legal trouble over Intellectual property law? My contracts say I am not allowed to work in a similar industry for a period of two years.

    It states "during my employment, I may receive know-how information confidential to the company, not necessary in writing form, which is commercially valuable to the company, its commercial competitor and its potential commercial competitors. I agree the laws of NSW will apply in interpreting the above-mentioned conditions".

    I want to start my own business in another country after 2 years. Will I be legal trouble If I start my own business?


  2. Sophea

    Sophea Guest

    Hi Sagar,

    In terms of what the patent contains - once something goes through the patenting process it is no longer confidential. It cannot be used by anyone else for the period of the patent, however after that time it is no longer confidential or subject to patented rights. Therefore as long as the information and know how you are using is the subject of the patent and not confidential info that is independent to the patent then you should be right.

    Whether or not the subject matter is patented in the country where you are considering starting up a business will also depend on whether a patent was registered in that country. This will not affect the fact that the information is no longer confidential once a patent application is made, though.

    Does that make sense? Sorry if it's unclear.

    btw did your restraint of trade clause have a geographical limit as well as a time limit? Or just a time limit?

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