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Sunday, September 24, 2017

Business Law-some finer points-Part 2

  1. Reasons to apply for patents outside India would be due to 
    1. software patents issue in India, and friendly jurisdictions such as USA, Australia, Japan; and if technical problem related EU too
    2. Pre grant opposition very easy in India(no need to be interested party also)
    3. Ease of enforcement abroad easier, and thus valuation better
  2. 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.
  3. Ways to speed up arbitration
    1. Allow arbitrator the power to impose fines for delaying tactics(such as non filing reply)
    2. Time limit for counter claims/setoff, to include in statement of defence, ensures endless pleading won't  happen. 
    3. CPC provision for max 3 adjournments and reasons recorded in writing/show cause
  4. Dispute resolution is a skill not just a subject. Further, clients classified as as follows
    1. Startups just hate lawyers who complicate thing
    2. Seek same advice from multiple lawyers/too many cooks
    3. those who come after problem arises and facts usually compex/verbal/not in place.
    4. Those who seek advice from the very inception. 
  5. Exclusive jurisdiction clause helpful to allow anti-suit injunction later