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Developing apps while already employed

  • 27-08-2016 2:45pm
    #1
    Registered Users, Registered Users 2 Posts: 3


    Hi

    Just looking for some advice...

    Basically, I work for a well known company which won't allow me to release any new apps or push updates for existing apps.

    Im just wondering if I register a business name would that get around it as it would be the business's apps and not me personally??

    Thanks in advance


Comments

  • Registered Users, Registered Users 2 Posts: 14,810 ✭✭✭✭jimmii


    You have to be cautious some places could see that as a conflict of interests and that might not go down well. Registering a trading name wouldn't really make any difference other than it might take them a little longer to find out.


  • Moderators, Society & Culture Moderators Posts: 9,768 Mod ✭✭✭✭Manach


    A lot of this depends on what is in the OPs employment contract. Most now have clauses that not only forbid outside activity that might conflict with core business but as well have broad provisions that could sweep up Intellectual property being developed.


  • Registered Users, Registered Users 2 Posts: 8,004 ✭✭✭ironclaw


    Trading Name would legally have no effect, it just allows you to trade under that name. It doesn't make a legal entity. You would need to set up a Ltd or another legal partnership that could in theory hold the rights to your development efforts if you sold them to it. If you developed the Apps before you started employment with your current employer, and seek legal advice here, then the App as it stood before you signed the contract was not developed whilst you had a binding 'they own it' clause. If you developed it while on their contract, then you are in a bit of a bind.

    It really comes down to how close your App aligns to the core business of your company e.g. If your company makes Apps for business expenses, and you develop a game, then there is no correlation so the company would risk extremely bad publicity to pursue you e.g. 'MegaCorp takes on wannabedevguy in high court over FlappyBirds-alike' However, if you developed ideas or techniques that could have aided your companies business e.g. Some new fangled yet amazing way to record expenses, then they have a solid case to pursue you.

    If you believe your App has business potential, I'd seek legal advice. There are means and ways to get out of such a clause that could be beneficial to you e.g. The company has no interest in your ideas and sign away the rights, the company happen to love your idea and pay you for it, the company consider a license agreement with you etc.


  • Moderators, Computer Games Moderators Posts: 10,462 Mod ✭✭✭✭Axwell


    1. Check your contract and any NDA you signed.

    2. If you arent fully sure of what it states after reading it seek legal advice.

    From what you wrote you said "wont allow me to release any new apps" - on that basis then you would most likely be in breach of contract if you developed and released an app be it under your name/a business or company name which belongs to you or you were involved in.


  • Registered Users, Registered Users 2 Posts: 171 ✭✭Deadwards.com


    As suggested, get some legal advise first but usually IP rights are very hard for an employer to enforce.


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  • Registered Users, Registered Users 2 Posts: 22 rainbow_beard


    Unless it directly competes with your current employer's product I would say just go for it. They would be silly to enforce a dumb contract like that and if they do you can always get a job with a more employee-friendly company.

    Life's too short to miss out on opportunities due to corporate bureaucrats


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