VIC Previous Business Owner Copied Design Library

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Ripped off

Member
4 February 2015
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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?
 
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Rod

Lawyer
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27 May 2014
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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?
 

Sarah J

Well-Known Member
16 July 2014
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Melbourne, Victoria
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.
 

DennisD

Well-Known Member
11 July 2014
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I also agree with the suggestion to check the purchase agreement provisions re transfer of IP, designs library