Guy A owns a bakery. Guy B works at the bakery. Guy C offers guy B money for a recipe so he can make the food from the bakery and sell it somewhere else without Guy A's permission. Is it a crime just to make that offer? Can Guy A press charges on Guy C?
2007-10-26 15:55:36 · 15 answers · asked by Bob 5 in Politics & Government ➔ Law & Ethics
IF the information was disclosed by improper means, it would be considered "theft of a trade secret." In this case the recipe would be considered a trade secret, given the recipe isn't the rightful property of someone else or has not been patented by another party. In the case where a trade secret exists, the owner has the right to prevent the employee from disclosing the information to others without permission.
To answer your question, TECHNICALLY, if the information was not disclosed, there isn't an actual crime that would warrant charges, although there may be a foundation for a lawsuit, though it may be considered a "frivolous lawsuit" if it cannot be proven that any real damages were sustained.
2007-10-26 17:16:41 · answer #1 · answered by sahara 3 · 1⤊ 0⤋
Depends.... if Guy B created the recipe and it is no PATENT on the recipe, then guy B is free to sell said recipe because he basically OWNS the recipe... HOWEVER, if Guy A who owns the bakery CREATED the recipe then it belongs to GUy A and Guy B had NO rights at all to sell the recipe to Guy C or anyone else. As for CHARGES... if the recipe was patent, YES charges could be filed.. If not, well it could go either way in court....but would more then likely go in favor of Guy A, the bakery OWNER
2007-10-26 16:13:31 · answer #2 · answered by LittleBarb 7 · 0⤊ 0⤋
I don't believe making this offer is a crime, but if the employee accepts the offer than he is probably breaking a contract with his employer to keep proprietary recipes a secret. If the bakery uses a proprietary recipe, all employees are normally under some type of contract with the employer (the bakery) to keep all recipes a secret. Then Guy A can sue Guy B and C.
2007-10-26 16:09:39 · answer #3 · answered by ALFimzadi 5 · 1⤊ 0⤋
No crime committed. But the weakness in that is what if the recipe originator decides to expand business to the same area as the buyer. And what gurantees the guy won't compete right next door? To be ethical, a person would want to pass the transaction. Basic trust would be violated.
2007-10-26 16:42:08 · answer #4 · answered by genghis1947 4 · 0⤊ 0⤋
Wouldn't Guy A press charges against Guy B because he gave away or sold the recipe?
2007-10-26 16:13:48 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Certainly....what a stupid thing to do ! By selling a recipe that is used in a business for the business, you or the one who sold it is taking business away from his employer. AND his own pocket. If the business doesn't flourish, you don't have a job....DUH....
2007-10-26 16:18:34 · answer #6 · answered by Toffy 6 · 0⤊ 0⤋
If the recipe was actually patented that would violate the trademark law and is a very serious offense.
2007-10-26 16:06:04 · answer #7 · answered by Xerxes 2 · 0⤊ 0⤋
Guy B be fired. Guys B and C will probably get sued (and Guy A will probably win).
Sometimes the penalties are civil - not just criminal.
2007-10-26 16:21:27 · answer #8 · answered by Boots 7 · 0⤊ 0⤋
I would think just making the offer would be a crime. Attempting to buy what would be stolen property.
2007-10-26 16:14:30 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Guy A could only do anything if his recipe was patented.
2007-10-26 16:02:41 · answer #10 · answered by Anonymous · 2⤊ 0⤋