Intelectual property

[jasebert]

Hey all,
I have a question. Hopefully a simple one. We have recently hired a new Business Development Executive. He has come into the company and the first thing he did was transfer his old contacts list from a CSV file into Outlook Contacts. He has from then on being calling his old client base selling a very similar product to his previous company (his previous company sold PABX stuff and we sell IP phone stuff). But as well, he has been selling our infrastructure services also.
He also said that in his previous contract there was no mention of intellectual property and that he was not allowed to take it.
I suppose I am concerned that if his old company find out he is doing this, we might be in shit.
Is this legal to do or is it illegal?
Sorry for the vagueness of the explaination, I do not really know how to explain it that well. Ask more questions if required.

[Rod]

While technically it may be illegal (not sure), this is done all the time by Sales Guys. A contact list could also be argued to belong to this guys personal network.

IP usually refers to trade secrets, designs, source code etc.

No real cause for concern here.

[dwarfthrower]

Names, phone numbers and email addresses are not "intellectual property". They're just plain old data.

If the previous company had no clause in their contract with him to prevent him from taking it, then he's in the clear. If they did, then they have to a) know that he took it, and b) care about it enough to want to chase it up in court.

It's not "illegal" in the sense of committing a crime no.

[jasebert]

From what I understand, as long as a 'no disclosure' agreement was signed, it should be ok. I suppose the only concern is if it is ethical or not.
Thanks for clearing it up guys, you are super dooper.

[dozer]

ethics have no place in sales.

[s3raph]

Thats true. Its all about the money. And yeah, sales people do that kind of crap all the time, I mean it is just data. You can't make someones phone number your intellectual property.

[s3raph]

Oh and on another note? If he said there was no mention of it in his contract, yet he wasn't allowed to take it? Theres a simple explanation for that; He's in sales, and therefore retarded.

[Kez]

Nothing is stopping him poaching off clients from his old work place. I'd have to say it's perfectly legal.

If anything it's immoral, but business is far from moral these days.

[Raymond]

Just be ready for when the guy might leave, will he take your contacts?

Its a game, the game of sales is ruthless and so it should be, its competition, all a vying for sales, the person with the least ethics usually always win, even in the long term!

[ShinymetalASS]

I'm only here to make the remark....

Intelectual Property eh?

unpossible..... ;)

[Scythe]

If they were his personal contacts, then he's fine, but if he poached his previous employer's database for the best customers, there's a chance he could get sued if their privacy contracts specify what an employee is entitled to after being made redundant.