Selected Intellectual Property Law Issues for Consideration in Licensing in India

more+
less-

A potential source of substantial problems in international licensing arises because of the differences in the national intellectual property rights. As software and other technology transactions between parties based in the United States and those based in India proliferate, such parties face an evergrowing need to be fluent with one another’s intellectual property regimes.

U.S. courts, for example, are likely to look at the law of India to determine who owns the rights in software developed in India for a U.S. customer. The failure to acquire all necessary rights from the right person under the law of India, then, may have unexpected and unintended consequences in the U.S. Similarly, a U.S. licensee of a work originally made in India must be knowledgeable about

the intellectual property law of India to make sure that the Indian licensor is really the owner. Otherwise the licensee may face an infringement action by the real foreign owner or another U.S. licensee who has licensed rights from the proper owner.

This paper generally addresses the intellectual property laws of India and how they differ from those of the U.S. We have focused on select topics that are commonly at the core of issues that may arise between parties engaged in cross-border technology transactions.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Morrison & Foerster LLP | Attorney Advertising

Written by:

more+
less-

Morrison & Foerster LLP on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×