Category Archive for "Contracts"

5 things every Software Developer should include in his Software Development Agreement/Contract

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

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Decoding the mystery of copyright ownership, source code and software in India

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

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Do I really need an IP/ Contract lawyer when I have Google

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.

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Privacy policy-Why do I need it for my website?

Did you know? By merely browsing a website on the internet, you have actually agreed to the website’s terms and conditions and privacy policy? Now that you are anyway bound by it by merely browsing the website, it would be best if you could actually go through it just to know the way in which your personal information which you may provide is going to be used. Just think about it. Okay other than our names I think everything else that we fill in on a standard log in form involves us disclosing our mobile phone numbers, card details, and addresses etc. I would definitely want to know how this information is being used by the website owners.

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Non Disclosure Agreements – Tell me what the secret is and I’ll tell you if it was a secret.

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.

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The Case of Choclairs

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.

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