Legal Framework in Employment - Assignment Example

The cakes that are produced using the recipe are well-known in the locality. It is upon this recipe that the entire business is built. However, on the face of it, neither Stella nor her family has patented the recipe. What this means is that they do not own intellectual rights to the recipe. Therefore, Stella cannot claim that Angela, or any other person for that matter, has stolen her idea by producing Black Forest cakes using the recipe that she uses for her business. Similarly, Angela does not own the rights to the recipe. Therefore, the recipe cannot be said to be intellectual property. What this implies is that anyone can use it to produce and sell cakes. As such, about intellectual property, the recipe can be easily used by any other person apart from Stella and her family.

The second issue that should be considered about the question of whether or not Angela can use Stella’s recipe for the Black Forest cake if she leaves Coffee and Cakes Limited is the terms and conditions that are included in the employment contract of Angela. There are specific provisions in the employment contract between Angela and Coffee and Cakes Limited that are relevant to the issue. First, clause 8.2 of the contract states that the employee must not engage or be concerned in the business of a cake shop or a restaurant within a radius of four miles from the location of the company.

This provision is enforceable for six months from the date on which an employee ceases to work for the company. When applied to the case of Angela, it means that she cannot be involved in any business that deals with cakes or provides restaurant services for a period of up to six months near the location of Coffee and Cakes Limited. Basically, by this provision, Angela is implicitly barred from using the recipe that is used by Stella. Another important provision in the employment contract that is relevant to the question is clause 8.3, which provides that during the time of employment and up to 12 months after termination of employment, an employee of the company cannot solicit the clients of the business.

Therefore, what these provisions in the employment contract and the legal status of the recipe for Black Forest cake mean are that Angela cannot use the recipe by the provisions of the contract that bar her from engaging in a business similar to Coffee and Cakes Limited for a specific period after leaving her job. However, since the recipe is not patented, she can use it the moment she is no longer barred by the provisions of the employment contract.