The legal issues surrounding software development can be sometimes complex and often confusing. It is not unusual for developers to take up development gigs without any formal engagement in writing resulting in bitter experiences. By understanding the importance of agreements
As a software developer, there are a lot of things that need to be taken into consideration at the time of negotiation with the person engaging you to develop the software. It is very crucial to read the agreements that you might sign. On the other hand, as a person engaging a third party to develop software, you would always want exclusivity to the said software and accordingly, would like to include terms in a contract favouring that. So what happens when there a battle of ownership between the parties? This case here involves Section 17 of the Copyright Act which lays down who the first owner of the copyright is, various tests to determine what formulates a “contract of service” and some absolutely unique arguments. Here is the Court decoding the mystery of copyright ownership, source code and software in India
I swear I can almost hear that thought passing through the cerebral cortex of many a client when it comes to discussing charges. Never mind that, as a part of a mid sized firm, I deal with flat fees instead of hourly and advise on strategic ways to reduce costs, when it comes to contract and prosecution of intellectual property, most people think they can do it on their own without a lawyer.
I’d written about Trade Secrets a while back, and the only way to protect those secrets in India, (barring not revealing them to another soul) is through Non Disclosure Agreements (NDAs).Non Disclosure Agreements are basically agreements signed between two people or entities which put down in writing that confidential information is being passed from one person to another, the nature of the information, the purpose and most importantly an undertaking from the person receiving the information not to reveal it to anyone for a specified period of time.
Cadbury and Lotte are famous brands for chocolates with Cadbury probably a little more famous in India since it has been around for quite a while. This fact may have been one of the many reasons why Cadbury could obtain an interim injunction against Lotte in January this year.
We are a boutique intellectual property law firm based out of India, assisting clients ranging from early-stage start-ups to Fortune 500 companies across several industries in protecting intellectual property across the globe.