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Illegal Arrest by Police

My previous company is harassing me regarding the source code of the computer application which is still working for the company. Not only that they are forcing me to hand over the intellectual property to them unlawfully . I have registered trademark certificate of the said application with me . The Company complained to the local police & spend lot of money on them according they have arrested me on 03-07-18 overnight without warrant. The police has give me charge of 419/420/467/468/408 IPC
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5 answers
Criminal
Posted on 12th Aug, 2018
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Advocate Utkarsh
Answered on 20-Nov-18
Hi. The source code of the software comes under Copyright law. Your company is essentially accusing you of defrauding them and taking away their IPR. Your defence has to be to show why your source code is not at all similar and how all accusations are motivated by their desire to get hold of the software.
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Advocate Sanjay
Answered on 02-Sep-18
Dear Client, what you want to know is not clear, But you should 1stly take care to get AB from Session Court, If there has been contract between you & company for the Software making or if you were in job with the company has even in that case you are bound to provide source code, BCZ company has paid for you that. That TM can be challenged in court in court. Basically source code is registered under Copyright, not TM Not Patent.
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Advocate Sarfaraz
Answered on 13-Aug-18
First of all you have take a bail. Then you have to file an application for discharge.
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Advocate Varun
Answered on 13-Aug-18
In regard to the IPR, you shall report the breach to nearest regional IPR body. In Mumbai, it is at Antop Hill and accordingly they shall frame charges on your company. In regard to Police, you can file a complaint with State level Police Complaint Authority against harassment to you. The Superior will surely take action. In case you are a female, you cannot be arrested from 6 pm to 6 am even if there is a warrant. Unless the contention mentioned by you are false, you have a strong case. You must approach the relevant authority.
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Advocate Rajiv
Answered on 13-Aug-18
It appears that you are not having complete information about your case. Secondly, you are out on bail. Thirdly, there is FIR against you. There is need to get the FIR quashed to let you move out of the case freely. For this purpose, consult your Advocate.
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