This document discusses intellectual property law and strategies for technology businesses. It provides an overview of different types of intellectual property including patents, copyrights, trademarks, trade secrets, and designs. It then discusses considerations for businesses around IP generation, protection, infringement, sharing, and licensing. Specific agreements related to development, technology sharing, licensing, and non-disclosure are also mentioned. The document emphasizes strategies for collaboration over monopoly and addresses balancing investment, risk management, and profit/revenue goals. It is presented by P.V.S.Giridhar & Sai Associates, Advocates.

1. P.V.S.Giridhar & Sai
Associates, Advocates
319, Linghi Chetty Street,
Chennai 600001
Ph: 91-44-25243949
E-mail: giridhar@lawgonindia.com

2.  All agreements are contracts if they are
made
 by the free consent of parties
 competent to contract,
 for a lawful consideration and
 with a lawful object

3.  Copyright
 Trade Mark
 Patents
 Trade secret/Confidential Information
 Design
 Geographical Indication

4. – Patent
• broad protection for a range of implementations of an innovation
• “software” patents vs. other patents
– Copyright
• protection limited to copying of “expression”
• also does not prevent others from independently developing same
ideas
• primarily a tool to prevent “piracy” (reproduction of entire work or key
components)
• not very effective at preventing “cloning” or duplication of features
– Trade Secret
• broad protection
• but does not prevent others from independently developing same
ideas
– Trademark
• icons, logos and stylistic elements;
• User Interface

6. Generation
Protection
Infringement
Sharing
Licensing

7. MONOPOLY
COLLABORATION

8. REGISTRATION
CONTRACTS

9. › Development Agreements
› Technology Sharing Agreements
› Licensing Agreements
› Assignment Deeds
› MSAs
› NDAs
› Source Code Escrow

10.  Delineate each party’s existing IP;
 Specify who would own not just the
product/solution created out of the
project (subject-matter of contract),
but the IP therein too;
 Consider prudence of sharing IP
 Delineate terms of sharing of IP

11. Geography Term Purpose
Conditions Covenants

12.  Stamp Duty
 Registration
• Sec. 19 of Copyright Act (In writing)
• Sec. 45 of Trade Marks Act (Registration)
• Sec. 69 of Patents Act (Registration)

13. › Legality
› Sanctions
› Foreign Exchange Management
› Friendliness to trade/industry

14. › Venue
› Conflict of laws
› Choice of law

15. › Litigation
› ADR
 Arbitration
 Mediation
 Collaborative Law

16.  Monopoly or Collaboration
 Necessary Cost or Desirable Investment
 Risk management or Business Strategy
 Enhancement of profit or
Multiplying Revenue Streams
- A hut on the goldmine?
http://yourstory.in/2010/04/the-hut-on-the-goldmine-why-start-ups-fail-to-dig-for-gold/
(c) PVS Giridhar & Sai Associates

17. P.V.S.Giridhar & Sai
Associates, Advocates
319, Linghi Chetty Street,
Chennai 600001
Ph: 91-44-25243949
E-mail: giridhar@lawgonindia.com