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VIC Previous Business Owner Copied Design Library

Discussion in 'Intellectual Property Law Forum' started by Ripped off, 4 February 2015.

  1. Ripped off

    Ripped off Member

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    We purchased a business 4.5 years ago. Part of the purchase price was software containing a library of designs used for the purposes of the business. The previous owner is now operating a similar business using the designs he sold to us. He took a copy of the designs before he left. Do we have any rights under intellectual property law in this situation?
     
  2. Rod

    Rod Well-Known Member

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    Depends on your purchase agreement. Did you have IP clauses in the sale contract? Also, were there restraint of trade clauses?
     
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  3. Sarah J

    Sarah J Well-Known Member

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    Hi Ripped Off,

    I agree with Rod, you need to look at your sale and purchase agreement. Did the previous owner expressly agree to assign all rights and title over the designs to you? If so, is there another clause that allows previous owner to copy and use such designs? If not, you, as the owner of the designs, may possibly sue the previous owner for using your designs without authority, hence, breaking copyright/IP.
     
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  4. DennisD

    DennisD Well-Known Member

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    I also agree with the suggestion to check the purchase agreement provisions re transfer of IP, designs library
     
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