About Non-compete: Big companies come out of the entrepreneur please note!

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School and Dreams

Xiaolan University when the game Madman upgraded to game development madman, and the same dormitory dog son did a cottage small game, although not a big success, but also count small achievements. Pure young people also swear to the days to make the most popular game, after graduating two to dream into the country's most cattle game enterprise-the flower game. They are divided into a small team that develops mobile games, the average age of the team is less than 30 years old, Team passion, dare to try new things, all kinds of innovation, cell phone game itself development time is not long, 3 years down, the team has made no small achievements, Xiao Lan and the dog have become the game circle of small well-known developers.

With the growth of age, Xiao Lan and the dog son more and more firmly believe that the game is their lifelong career, in the game has fun and money. The predecessors of the flower game, some have been independent to set up their own game company, the same is the development of the game, people in the game after the sale of the full pot of gold and silver, Xiao Lan and dog son envious, since want to play the game as a career, why not come out to do it? You can make more money by doing what you love.

The way to start a fight

Xiaolan and the dog son resigned, set up a game company, and called the Circle of two friends to join the company, Common entrepreneurship. Now think of the company opened the declaration of "Forever game Gang" This sentence represents a dream and hope of a sentence, but now by the law to smash.

What caused them to be punished by law? Xiaolan and the dog's company just set up soon launched a creative game products, the first day of download is very large, on the table of each game platform, their day and night dry, good planning, so that Shanzhai products always in imitation can not go beyond, all the way down, It's really a good start, and they're also trying to develop new products on the premise of perfecting existing products, and VCs are also paying attention to the strength of their team, ready to put money in support of the boys ' dreams.

The trouble with the law

Signed the term sheet, waiting for the next day to sign the increase agreement and the money, Xiao Lan received the court summons, Xiao Lan a little puzzled mind, how to find the court? I didn't do anything illegal!

The court summons is not a joke, Xiao Lan had to find a lawyer to consult related matters.

Lawyer looked at the situation of Xiaolan company, came to the following three conclusions:

1. Writings on alleged infringement of art works by others

2. Suspected infringement of other people's software works

3. Founder Xiaolan and the dog son violate the non-compete clause

Legal analysis

First, what are the relevant rights of a gaming enterprise in legal intellectual property? Generally include:

1. Copyright of art works with characters or cartoon images

2. Game software works Copyright (source code)

3. Registered trademark of the game name

Secondly, whether the founding partner of the start-up company and the original company's non-compete agreement expire;

A new game development team, if the use of other people to design the game characters or cartoon images need to get the designer's permission, otherwise suspected infringement of other people's copyright; games are software products, involving the use of source code, if unauthorized use of other people's game works of software source code, then suspected infringement; The name of a large organization will apply for a registered trademark, and there is also the risk of infringement for businesses that follow similar routes using similar game names.

Xiao Lan's game characters are not authorized, and used the original company game part of the source code, in addition, Xiao Lan and the dog and the Flower game signed a non-compete agreement, violating the "2 years away from the company in the relevant industry, may not set up their own companies engaged in related industries" and other terms of agreement.

Ending

In the coordination of lawyers, Xiaolan finally and the flower game reached out-of-court settlement, compensation for flowers game 100,000 yuan, stop using the part of the flower game source code, the Flowers game no longer hold Xiao Lan and the dog son violates the non-compete clause of the related matters.