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The validity of the Employment Contract can be fought on the grounds that the consent for the same was caused by fraud, i.e. with intent to deceive, and it also lacked lawful consideration. As the employer, in this case, made a promise without any intention of performing it, such a claim should hold strongly. Further, the validity of the assignment cl...
Wazzeer Professional Network
ProfessionalI have developed a school management ERP and E-Learning software which I have copyrighted as “Campus Management Solution ERP Suite with Community Digital Library. I have started marketing this product from 2010 and had got about 6 customers. On my health ground, I was in search of a Marketing partner, during which I had met one Person in Hyderabad & he had agreed to do marketing on a royalty basis with 40 percent on the invoice.
I have all the mail conversations between me and that person from 2011 onwards about Product. He intentionally avoided making an agreement and orally said he will make the agreement on the same after 6 months of test marketing. He asked me to join in his Company to look after the given ERP. So, I got Appointment letter on 1st August 2012 & joined the Company on 3rd Sep 2012. He keeps postponed agreement, so I have applied Copyright on 25th Sep 2012 and accordingly got copyright. In that, they mentioned my product published year was 2011. I gave them Developer code which contains Secured Libraries which can't be a break. He is running my software product on another name from his Binami Company which bear 2 different Directors which is no way relevant to our discussions. After that, he had kept dragging on the marketing, got 200 plus customers and is generating Rs 6 Lakhs revenue per month, but never paid even a single penny of royalty as committed. He multiple times had tried to get hold of the copyright from me, which I had kept on rejecting and asked to make the marketing agreement as discussed earlier. Now, with the bad intention of cheating on me, is trying to sell the product to other parties, claiming him as the owner of the product. In Appointment Letter there is one clause saying "While employed with the Company, you will promptly disclose to it and Assign to it your interest in any invention, improvement or Discovery made or Conceived by you either alone or jointly with others which arises out of any proceedings relating to such invention improvement or discovery and in obtaining domestic and foreign patient or other protection covering the same" Showing the above clause he is saying my product is automatically transferred to him with the Employment. I have all the mail proof that he has taken & marketing & also I have Copyrighted. Even Police dept is not booking FIR on the above Clouse. What are the grounds I can fight? Is Appointment Letter valid?
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Wazzeer Professional Network
ProfessionalThe validity of the Employment Contract can be fought on the grounds that the consent for the same was caused by fraud, i.e. with intent to deceive, and it also lacked lawful consideration. As the employer, in this case, made a promise without any intention of performing it, such a claim should hold strongly. Further, the validity of the assignment clause can also be contested as it does not specify the duration and territorial extent of the assignment or the royalty/consideration payable as is required by the provisions of the Copyright Act, 1957. Only the IP created during the course of employment, under a contract of service, makes the employer-owner of the IP directly; in all other cases, a proper Assignment deed is mandatory. Once the Employment Contract is declared voidable, you can also bring a suit for infringement of your copyright against the person for injunction and damages and claim compensation for the wrongful loss you have suffered by his actions.
In case you need a support in legal matters, things can be consulted and delivered seamlessly on Wazzeer platform -> "Get Started!"
over 4 years ago
View answer
I have developed a school management ERP and E-Learning software which I have copyrighted as “Campus Management Solution ERP Suite with Community Digital Library. I have started marketing this product from 2010 and had got about 6 customers. On my health ground, I was in search of a Marketing partner, during which I had met one Person in Hyderabad & he had agreed to do marketing on a royalty basis with 40 percent on the invoice.
I have all the mail conversations between me and that person from 2011 onwards about Product. He intentionally avoided making an agreement and orally said he will make the agreement on the same after 6 months of test marketing. He asked me to join in his Company to look after the given ERP. So, I got Appointment letter on 1st August 2012 & joined the Company on 3rd Sep 2012. He keeps postponed agreement, so I have applied Copyright on 25th Sep 2012 and accordingly got copyright. In that, they mentioned my product published year was 2011. I gave them Developer code which contains Secured Libraries which can't be a break. He is running my software product on another name from his Binami Company which bear 2 different Directors which is no way relevant to our discussions. After that, he had kept dragging on the marketing, got 200 plus customers and is generating Rs 6 Lakhs revenue per month, but never paid even a single penny of royalty as committed. He multiple times had tried to get hold of the copyright from me, which I had kept on rejecting and asked to make the marketing agreement as discussed earlier. Now, with the bad intention of cheating on me, is trying to sell the product to other parties, claiming him as the owner of the product. In Appointment Letter there is one clause saying "While employed with the Company, you will promptly disclose to it and Assign to it your interest in any invention, improvement or Discovery made or Conceived by you either alone or jointly with others which arises out of any proceedings relating to such invention improvement or discovery and in obtaining domestic and foreign patient or other protection covering the same" Showing the above clause he is saying my product is automatically transferred to him with the Employment. I have all the mail proof that he has taken & marketing & also I have Copyrighted. Even Police dept is not booking FIR on the above Clouse. What are the grounds I can fight? Is Appointment Letter valid?
-
Wazzeer Professional Network
ProfessionalThe validity of the Employment Contract can be fought on the grounds that the consent for the same was caused by fraud, i.e. with intent to deceive, and it also lacked lawful consideration. As the employer, in this case, made a promise without any intention of performing it, such a claim should hold strongly. Further, the validity of the assignment clause can also be contested as it does not specify the duration and territorial extent of the assignment or the royalty/consideration payable as is required by the provisions of the Copyright Act, 1957. Only the IP created during the course of employment, under a contract of service, makes the employer-owner of the IP directly; in all other cases, a proper Assignment deed is mandatory. Once the Employment Contract is declared voidable, you can also bring a suit for infringement of your copyright against the person for injunction and damages and claim compensation for the wrongful loss you have suffered by his actions.
In case you need a support in legal matters, things can be consulted and delivered seamlessly on Wazzeer platform -> "Get Started!"
over 4 years ago
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