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Hello my name is ***** ***** I will be the expert assisting you with this matter today
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Do you have a copy of your old employment contract?
Hello, thank you for your question. Do you have a copy of you employment contract with your old employer?
No problem I don't need to see the NDA or the contract I can simply tell you what to look for if you feel that would help?
No problem... I will just write up my response now, I would be obliged if you could rate my response once I have written it up for you.
Thank you. So the first thing you will want to look at is to see if there is a clause in the contract that states that the company owns the anything you have created whilst at the company. It is highly likely that this is the case. However, even if it is not expressly stated in your contract, the general rule of law is the if you create something within the role of your employment then that IP belongs to the hiring company and not the individual. So as you said, this is something that you created at the old company then the IP will belong to them I am afraid to say. However, as with everything in law there are always caveats, and it will really depend on what the product is and how it is executed ( a simple change of name is ***** ***** enough to avoid any IP issues). If the company realise that you are using this and they can show that there is IP attached which belongs to them then they could take legal action. However, what I would highly recommend you do is if you feel there is a big enough difference, you should look at getting an appointment with a local solicitor who deals with IP law ( I will provide you a useful link). By looking at the two products they will be able to determine if there is either IP attached to the original product or if you would be able to use the same thing. For example, if you were a chef and you moved from one restaurant to another you can use recipes from other restaurants. However, if you were to develop a machine that gives (for example) a new texture of food, then this is something specific you could attached IP to. So I cannot say definitively, however if there is IP attached then it would likely belong to the company you previously worked for.
I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;
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You are very welcome. I hope you manage to get a resolution. All the best.