![]() He will make sure that only he has access to the key trade secrets and assets of the business. This was round one the case may yet proceed to full trial. That’s when Nether Games and the three creators took action. That’s when the business becomes a target. Not documenting it when the business turns the corner of success is downright dangerous. Not tying down these issues in writing at the start is risky. An employment agreement can also introduce an employee incentive scheme, including a share scheme for key employees. Often the business cannot afford to pay market rate wages. ![]() Employee incentivisation is critical for start-ups. An employment agreement can confirm that the company owns the intellectual property of the business. The Court granted a mandatory injunction requiring Nether Games and the three creators to give back control and operation of Ninja Games to Emagist.Īn employment agreement could have sorted this out from day one. A work created in the course of employment belongs to the employer. He believed there was an employment relationship. All it would have taken to stop this reaching the Courts was a written employment agreement between Emagist and each of the three creators. Lee did not give them the agreed equity stake in the business. ![]() They terminated the licence to Emagist to use the Ninja Saga game when Mr. They owned the copyright after all, they created the Ninja Saga game. Their evidence was they were not employees they were co-founders of the business. The three creators did not hide in fact, they believed they were right. The Ninja Saga business – 99% of the revenue of Emagist – was now under the control of Nether Games, owned by the three creators. Ninja Saga was transferred to a server that Emagist did not control. He hears rumblings of discontent in Hong Kong. He notices that Ninja Saga is interrupted on Facebook. None of this was in writing.įast forward to 2012. Lee fulfilled a prior promise to give some shares to the three creators. ![]() Lee then restructured the business so it would be held by a Cayman company. Ninja Saga became a big success on Facebook. ![]() Lee set up a company, Emagist, and transferred the employments to that company. They designed and created the game, now called Ninja Saga. He employed three people to develop the idea. In 2009, he came up with a business idea for an online social game using a ninja theme. Even when they become successful, they stay messy. Legal News & Analysis – Asia Pacific – Hong Kong – Dispute Resolution ![]()
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