1) Suppose I have a commercial idea to make an App by which I can make money.
2) To seek investment or partnership, I discuss my idea to a friend. Friend refuses to become my partner in this venture.
3) He steals my idea. Starts his own company, makes an App suggested on my lines and begins to make money.
4) I feel cheated. I feel oinch. I want to take legal action.
5) The question is which laws are involved here?
I think following laws are involved.
A) Copyright Law. Whenever I create some original work capable of commercial value, my copyright in that work is generated automatically, even if I may not have registered my copyright on it. The laws here are also called intellectual property rights.
B) Evidence Act. I need to prove what I say in court of law as per provision of Evidence Act.
C) Contract Act. If you have done something of commercial value, and if it was not your intention to do it free ( Gratuitously), then you are entitled to be compensated for what you may have done.
D) Law of Tort: If I had shared something in confidence to someone, and if there was an implied duty on him of not to leak and not to take advantage of what I told him in confidence, I may be entitled to claim damages if I can prove breach of duty.
E) The Basic Laws are two 1) No one has right to put you in any kind of damage unless authorised by law to do so. 2) Courts are usually inclined to remove injustice unless they are prevented by lack of Evidence or by express bar of some provision of law.
(C)Haresh Raichur
2/9/2016
