- Reasons to apply for patents outside India would be due to
- software patents issue in India, and friendly jurisdictions such as USA, Australia, Japan; and if technical problem related EU too
- Pre grant opposition very easy in India(no need to be interested party also)
- Ease of enforcement abroad easier, and thus valuation better
- Non economic considerations(beyond market potential) is to increase startup valuation via patent applications :D and quantify sweat equity brought in by promoters. Further, cross border patents allow for potential total addressable markets(TAM) in valuations.
- Ways to speed up arbitration
- Allow arbitrator the power to impose fines for delaying tactics(such as non filing reply)
- Time limit for counter claims/setoff, to include in statement of defence, ensures endless pleading won't happen.
- CPC provision for max 3 adjournments and reasons recorded in writing/show cause
- Dispute resolution is a skill not just a subject. Further, clients classified as as follows
- Startups just hate lawyers who complicate thing
- Seek same advice from multiple lawyers/too many cooks
- those who come after problem arises and facts usually compex/verbal/not in place.
- Those who seek advice from the very inception.
- Exclusive jurisdiction clause helpful to allow anti-suit injunction later
Sunday, September 24, 2017
Business Law-some finer points-Part 2
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