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Breach of Contract and Intellectual Property Rights

Berrigan Doube Lawyers are currently reviewing a dispute between our private equity client and an individual who is an ex-contractor of our client (“the Defendant”). There is also a potential third party to this proceeding.

The Defendant was engaged by our client to develop our client’s website, portfolio management system and other developmental requirements. During the Defendant’s contractual relationship with our client, the Defendant also developed various intellectual property for the use of our client in providing marketing and other services to another third party company.

The Defendant was required to keep confidential, our client’s customer base, methods, trade secrets and business affairs which include but are not limited to its techniques, methods, programs, source codes, object codes, software, materials and any documents or manuals used by our client in its business.

Subsequently, whilst still engaged by our client as a contractor, the Defendant knowingly entered into a business relationship with a customer of our client. It is alleged that the Defendant is still using the intellectual property that belongs to our client.

We are reviewing our client’s options in relation to causes of action against the Defendant including breach of contract, breach of confidence and breach of copyright. We are also assessing the probability of obtaining injunctions to stop the use of the intellectual property by the Defendant. Proceedings are expected to be filed in approximately 1 – 2 weeks.