Can a former employee take IP they developed with me to a rival?
  • Home
  • Questions
  • Can a former employee take IP they developed with me to a rival?

Can a former employee take IP they developed with me to a rival?

1 answer

Answer to the question

0
0
2

15.07.2026

A former employee of my company in Malta was involved in developing some proprietary processes and technical documentation as part of their role, and they’ve now left to join a direct competitor. I’m concerned they might use or share what they developed while working for me. What are my rights here?

Site Administration 18.07.2026
reply date: 18.07.2026

Generally, under Maltese employment and IP law, intellectual property created by an employee within the scope of their employment and duties typically belongs to the employer by default, rather than the individual employee, meaning the proprietary processes and documentation your former employee developed while working for you would generally remain your company's property, and your former employee would not have a legal right to take, use, or share this material with a new employer, regardless of their personal involvement in creating it. If your employment contract with this individual included confidentiality obligations, and ideally more specific IP assignment and post-termination restrictive covenant clauses, these would provide additional contractual grounds to act if you have genuine evidence they are using or disclosing your proprietary information, alongside your underlying IP ownership rights themselves. If you have concrete evidence, or a genuine, well-founded suspicion, that your former employee has taken or is using your proprietary materials at their new employer, this is a serious matter that could support both a claim against the former employee for breach of confidentiality or contractual obligations, and potentially action regarding misuse of your intellectual property, so it would be important to gather whatever evidence you have and consult a lawyer promptly to assess your strongest available legal options given the specific facts.

Похожие вопросы

Do I need to renew my trademark, and what if I forget?

1 answer
15.08.2026
I registered a trademark in Malta a few years ago and I vaguely recall something about needing to renew it periodically, but I'm not entirely sure of the timeline or what would actually happen to my protection if I simply forgot or missed a renewal deadline.
0
0
2

Someone used my copyrighted photos without permission. What can I do?

1 answer
02.07.2026
I discovered that a business based in Malta has been using several of my original photographs on their website without ever asking my permission or paying for a licence. I took these photos myself for my own portfolio. What are my options for addressing this?
0
0
2

Can I get urgent legal action to stop trademark misuse during a suit?

1 answer
20.08.2026
I've discovered a business in Malta actively using a trademark almost identical to mine, and the ongoing damage to my brand and customer confusion is happening right now while I consider my legal options. I'm worried that waiting for a full court case to conclude will cause serious harm in the meantime. Is there a way to get them to stop urgently while the underlying dispute is resolved?
Читать далее
0
0
2
Show all