Patent Business Lawyer in Asia

Patent Attorney practicing Patents, Corporate Law, Mergers and Acquisitions, Venture Financing, Startup Technology Law

This case study is about IP services provided to a client in the domain of cloud telephony. Specifically, the cloud telephony company developed an innovative technology product and this case study provides a reference for patent attorneys and intellectual property law firms worldwide.

Oroginally published here.

Cloud Telephony Product – Innovative Technology

The innovative technology product is aimed at offering cloud telephony solutions to users for performing secure transactions via mobile devices.

mobile app software patents

Task – IP Protection

Client wanted to protect overall intellectual property (IP) associated with the innovative product, including the technology powering the product, corresponding product and / or service embodiments, and related aspects of intellectual property rights (IPR).

Patent Portfolio – Creation and Development

The first step executed was to create a patent portfolio by drafting and filing multiple patent applications covering different embodiments of the innovative product. The aim of creating patent portfolio was to add value to the company’s intangible assets by developing the patent portfolio into an asset with global execution potential by way of patent licensing and patent assignment.

 

The patent portfolio included patent applications having claims protecting broad level scope to cover overall technology and corresponding aspects embodied over the wireless network. For example, the parent patent application claimed features to connect users of the product in a secure environment.

[slideshare id=wVpJcTI1Q2YE9y&w=595&h=485&fb=0&mw=0&mh=0&style=border:1px solid #CCC; border-width:1px; margin-bottom:5px; max-width: 100%;&sc=no]

Cloud Telephony Patent – Case Study – Patent Strategy for International Patent Filings and Global Brand Protection via Trademarks from Rahul Dev

Patent Filing vs. Product Launch

Considering the fact that the innovative technology could be applied across multiple industry sectors, parent patent application was filed well ahead of the product launch date and subsequent patent applications were filed in a timely manner in-sync with the subsequent versions and features of the technology product.

Patent Strategy

An accelerated patent strategy was formulated for the client with a view to achieve timely and enforceable patent protection across multiple jurisdictions based on the business interests of the client. Consequently, a strong patent portfolio was created and developed across different countries by way of international patent filings (PCT International Phase Patent Filing, PCT National Phase Patent Filing, Paris Convention). By taking advantage of the patent cooperation treaty (PCT) as per the WIPO (World Intellectual Property Organisation), patent filing procedure across different patent offices was streamlined by bringing together a strong network of international patent attorneys to work on the project.

Brand Protection – Trademark Registrations

In addition to patent protection, multiple brands associated with the product were protected by filing applications for domestic and international trademark trademark registrations. International brand protection was achieved by way of Madrid system, which includes Madrid Protocol, which is related to Madrid Agreement, an international treaty to facilitate international registration of trademarks and management of trademark applications.

Conclusion

Therefore, as may be seen, different aspects of intellectual property rights can be protected by collectively filing multiple patent and trademark applications, both domestically and internationally.

Rahul Dev, Partner at the law firm of Tech Corp Legal LLP, is a patent attorney and international technology business lawyer. Dev’s corporate law practice is aimed at integrating patents, technology laws, intellectual property rights, regulatory and security laws to provide services to Tech companies.

Patent Drafting Resources

  1. Patent Drafting and Writing Strong Patent Applications for Creating & Protecting Inventions

  2. Patent Application Writing Guide | Ultimate Cheat Sheet for Drafting Software Patents and Mobile App Patents

  3. Patents in MedTech – Online Healthcare & Medical Practice Management

  4. Patent Research & Analytics | Where Patent Analytics Are Headed – Harnessing Power of Patent Analytics for Patent Strategy

  5. Frequently asked questions (FAQs) | Drafting and Writing Provisional & Non-Provisional Patent Applications (Specifications)

  6. How and Why are Patents Important for Technology Companies & Startups In Asia?

  7. How can Patent Search help in determining Patentability of Invention?

  8. What is the meaning of Patent Pending Status?

  9. What are advantages of Filing a Provisional Patent Application?

  10. What is a Provisional Patent Application?

About Us – Indian Patent Law Firm

We, at Tech Corp Legal LLP, an Indian law firm serving global clients and patent attorneys worldwide, provide quality patent drafting services to inventors. Along with patent support services provided by GIP Research, we offer top quality patent specification drafting services including enforceable patent claims and high quality patent illustrations.

Our team of patent attorneys and technical patent experts has comprehensive experience in executing projects pertaining to international patent drafting, patent drafting services, drafting patent claims and patent applications, software and mobile app patents, provisional and non-provisional patents, patent searches, office action responses, etc.

***************************************

Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology & Corporate Laws. He is reachable at info (at) techcorplegal (dot) com & @rdpatentlawyer on Twitter

Discuss your Queries

https://clarity.fm/assets/widget_loader.jsFrequently asked questions – Patents, Technology & Internet Laws ***************************************

To get in touch with us, please click here.

View our presentations here.

About the Author: Rahul Dev

Engagements: Contractual Consulting, Hourly, Project Based

Contact Mode: LinkedIn or directly message here

Schedule a Consultation Now

This is not a legal advice: Disclaimer, Non-Solicitation & Liability

[slideshare id=nBPIaLwdPRD8AB&w=425&h=355&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px; margin-bottom: 5px; max-width: 100%;&sc=no]

Patent Basics and Intellectual Property Rights from Rahul Dev

[slideshare id=fedUH8BLnh5Y6T&w=425&h=355&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px; margin-bottom: 5px; max-width: 100%;&sc=no]

IPR Protection for Hardware Startups – Patents, Trademarks, Copyrights and Designs from Rahul Dev

[slideshare id=45lPAl6nOHQUkd&w=425&h=355&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px; margin-bottom: 5px; max-width: 100%;&sc=no]

How to Hire a Startup Lawyer – Ultimate Guide to Understand Startup Laws from Rahul Dev

Important Website Terms of Use & Legal Disclaimers for Online Business Models and Mobile Apps Download free ebook for “Drafting Website Terms and Conditions – Important Legal Considerations”:http://app.getresponse.com/view_webform.js?wid=9764902&u=SkJ5Add to Flipboard Magazine.https://cdn.flipboard.com/web/buttons/js/flbuttons.min.js

Startup deals across various business and technology sectors are exposed to legal and regulatory landscape at various levels. Venture capital is constantly powering private equity investments through venture funding by VC firms and angel investments by angel investors.

startup business corporate lawyer attorney india gurgaon delhi

Indian government under the leadership of PM Modi has announced Startup India Action Plan and Policy, which includes multiple tax incentives, RBI incentives, incentives for ease of doing business in India, Intellectual Property Rights Incentives to file patents and trademarks via IP Facilitators etc.

Originally published here.

A crucial step for startup includes incorporation of the legal entity in India for doing business. Structuring of a startup business can follow different models, including, global business led by intellectual property, investments by promoters outside India, conducting business using offshore company in India, etc.

Most preferred legal entity for doing business in India is a private limited company, which can be incorporated under the provisions of the Companies Act, 2013. Startups can select between a private company that requires at least two directors or a one person company (OPC), which requires one director. Once a company is incorporated, post incorporation steps are required as guided by a chartered accountant (CA) and a corporate lawyer.

If business includes providing services to consumers, limited liability partnership (LLP) can be incorporated having two or more partners, who can be individuals or corporate entities.

While doing business, startup needs to execute various legal agreements and contracts, including, confidentiality & non-disclosure agreement (NDA), offer letter, employment agreements, non-competition agreements, non-solicitation agreements, intellectual property (IP) assignment agreements, employee stock options (ESOPs) plans, investment agreements, shareholder agreements, founders agreement, term sheet, and advisor agreements.

For startups conducting online business using internet, websites and mobile apps, additional measures are required for risk management, including IT Act Compliance, Content Regulation, Online Payment Gateways etc.

Startups leveraging intellectual property can secure corresponding IP rights (IPR) by way of filing patents, trademarks, copyrights and industrial designs in India and abroad under various mechanisms as allowed by WIPO, such as, the patent cooperation treaty (PCT), Madrid Protocol etc.

Lawyers with expertise in corporate law keep a track of startup developments worldwide along with niche across different technology sectors, including, but not limited to, Enterprise Infrastructure, Enterprise Applications, Internet of Things (IoT), Wearable Technology, Smart Homes, Smart Cars, Smart Cities, Semiconductors, 3D Printing, Consumer Robotics, Industrial Robotics, Drones, Virtual Reality (VR), Augmented Reality (AR), Space Technology, Artificial Intelligence (AI), Advanced Materials, Chatbots, Display Technology, Marketplaces, Hyperlocal Delivery startups, Food Tech, Auto Tech, Online Travel, Logistics tech, Real Estate Tech, Online Retail, eCommerce, Online Grocery, Mobile Commerce, FinTech (Financial Technology), Mobile Communication, Online Dating, Matchmaking, Sports Tech, Wedding Tech, Mobile Gaming, Fashion Tech, Mobile Apps, Social Networking, Social Platforms, Big Data, Mobile Payments, Mobile Advertising, Payments, Crowdfunding, Bitcoin, Finance & Accounting, AdTech, HealthTech, Mobile Health, Telemedicine, Fitness & Wellness, Healthcare Information Technology (IT), Healthcare Analytics, Biotech, Pharma, Life Sciences, Medical Devices, Energy, CleanTech, Telecom and SaaS (Software as a Service).

Rahul Dev, Partner at the law firm of Tech Corp Legal LLP, is a patent attorney and international technology business lawyer. Dev’s corporate law practice is aimed at integrating patents, technology laws, intellectual property rights, regulatory and security laws to provide services to Tech companies.

Patent Drafting Resources

  1. Patent Drafting and Writing Strong Patent Applications for Creating & Protecting Inventions

  2. Patent Application Writing Guide | Ultimate Cheat Sheet for Drafting Software Patents and Mobile App Patents

  3. Patents in MedTech – Online Healthcare & Medical Practice Management

  4. Patent Research & Analytics | Where Patent Analytics Are Headed – Harnessing Power of Patent Analytics for Patent Strategy

  5. Frequently asked questions (FAQs) | Drafting and Writing Provisional & Non-Provisional Patent Applications (Specifications)

  6. How and Why are Patents Important for Technology Companies & Startups In Asia?

  7. How can Patent Search help in determining Patentability of Invention?

  8. What is the meaning of Patent Pending Status?

  9. What are advantages of Filing a Provisional Patent Application?

  10. What is a Provisional Patent Application?

About Us – Indian Patent Law Firm

We, at Tech Corp Legal LLP, an Indian law firm serving global clients and patent attorneys worldwide, provide quality patent drafting services to inventors. Along with patent support services provided by GIP Research, we offer top quality patent specification drafting services including enforceable patent claims and high quality patent illustrations.

Our team of patent attorneys and technical patent experts has comprehensive experience in executing projects pertaining to international patent drafting, patent drafting services, drafting patent claims and patent applications, software and mobile app patents, provisional and non-provisional patents, patent searches, office action responses, etc.

***************************************

Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology & Corporate Laws. He is reachable at info (at) techcorplegal (dot) com & @rdpatentlawyer on Twitter

Discuss your Queries

https://clarity.fm/assets/widget_loader.jsFrequently asked questions – Patents, Technology & Internet Laws ***************************************

To get in touch with us, please click here.

View our presentations here.

About the Author: Rahul Dev

Engagements: Contractual Consulting, Hourly, Project Based

Contact Mode: LinkedIn or directly message here

Schedule a Consultation Now

This is not a legal advice: Disclaimer, Non-Solicitation & Liability

[slideshare id=nBPIaLwdPRD8AB&w=425&h=355&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px; margin-bottom: 5px; max-width: 100%;&sc=no]

Patent Basics and Intellectual Property Rights from Rahul Dev

[slideshare id=fedUH8BLnh5Y6T&w=425&h=355&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px; margin-bottom: 5px; max-width: 100%;&sc=no]

IPR Protection for Hardware Startups – Patents, Trademarks, Copyrights and Designs from Rahul Dev

[slideshare id=45lPAl6nOHQUkd&w=425&h=355&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px; margin-bottom: 5px; max-width: 100%;&sc=no]

How to Hire a Startup Lawyer – Ultimate Guide to Understand Startup Laws from Rahul Dev

Important Website Terms of Use & Legal Disclaimers for Online Business Models and Mobile Apps Download free ebook for “Drafting Website Terms and Conditions – Important Legal Considerations”:http://app.getresponse.com/view_webform.js?wid=9764902&u=SkJ5Add to Flipboard Magazine.https://cdn.flipboard.com/web/buttons/js/flbuttons.min.js

Originally published here and here.

Startup India refers to action plan announced by PM Modi that defines “Startup” & introduces recognition procedure for startups in India.

As may be seen, the startup India action plan introduces constitution of Inter-Ministerial Board along with a new category of white industries. The action plan as introduced by government of India provides provisions for self-certification of startups for Labour Laws Compliance along with relaxed norms of Public Procurement for startups.

startup india certification government modi policy law rules incubator

Startup India Action plan is aimed at providing tax exemption for startups on investments above Fair Market Value (FMV). The action plan introduced by government of India also includes ‘Atal Tinkering Laboratories’ under Atal Innovation Mission, ‘Atal Incubation Centres’, and Atal Innovation Mission National Initiative on Developing and Harnessing Innovation (NIDHI).

For facilitating filing of patents and trademarks in India, the government of India under Startup India Action Plans has proposed legal support and fast-tracking patent examination at lower costs scheme under Start-Ups Intellectual Property Protection (SIPP), which also includes a provision for IP facilitators.

The SIPP is aimed at making IP Protection strategy imperative for Startups in India by promoting awareness and adoption of Intellectual Property Rights (Patents, Trademarks, Designs) and also provide startups with access to high quality IP Services and Resources by way of IP Facilitators.
[slideshare id=gruQBde0CCWbu&w=595&h=485&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px; margin-bottom: 5px; max-width: 100%;&sc=no]

Patent and Trademark Filing in India Under Startup India Action Plan – Guidelines for IP Facilitators – Scheme for Facilitating Startups Intellectual Property Protection – SIPP from Rahul Dev

To avail these benefits, Start-Ups are required to be certified by Start-up Certification Board as having an innovative business with a legal entity incorporated or registered in India not prior to five years. Additional conditions include an annual turnover not exceeding INR 25 Crores in any preceding financial year. All the benefits shall be available to the eligible startups after obtaining Certificate from Start-up Certification Board.

IP Facilitators

IP Facilitators are empanelled by the Controller General of Patent, Trademark and Design (CGPDTM) and eligibility criteria includes, Patent Agents registered with CGPDTM, Trademark Agents registered with CGPDTM, and Advocates entitled to practice law under The Advocates Act, 1961. In addition, government departments/ organizations/ agencies like TIFAC, NRDC, BIRAC, DEITY, DSIR can also act as IP Facilitators.

Rahul Dev, Partner at the law firm of Tech Corp Legal LLP, is a patent attorney and international technology business lawyer. Dev’s corporate law practice is aimed at integrating patents, technology laws, intellectual property rights, regulatory and security laws to provide services to Tech companies.

Patent Drafting Resources

  1. Patent Drafting and Writing Strong Patent Applications for Creating & Protecting Inventions

  2. Patent Application Writing Guide | Ultimate Cheat Sheet for Drafting Software Patents and Mobile App Patents

  3. Patents in MedTech – Online Healthcare & Medical Practice Management

  4. Patent Research & Analytics | Where Patent Analytics Are Headed – Harnessing Power of Patent Analytics for Patent Strategy

  5. Frequently asked questions (FAQs) | Drafting and Writing Provisional & Non-Provisional Patent Applications (Specifications)

  6. How and Why are Patents Important for Technology Companies & Startups In Asia?

  7. How can Patent Search help in determining Patentability of Invention?

  8. What is the meaning of Patent Pending Status?

  9. What are advantages of Filing a Provisional Patent Application?

  10. What is a Provisional Patent Application?

About Us – Indian Patent Law Firm

We, at Tech Corp Legal LLP, an Indian law firm serving global clients and patent attorneys worldwide, provide quality patent drafting services to inventors. Along with patent support services provided by GIP Research, we offer top quality patent specification drafting services including enforceable patent claims and high quality patent illustrations.

Our team of patent attorneys and technical patent experts has comprehensive experience in executing projects pertaining to international patent drafting, patent drafting services, drafting patent claims and patent applications, software and mobile app patents, provisional and non-provisional patents, patent searches, office action responses, etc.

***************************************

Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology & Corporate Laws. He is reachable at info (at) techcorplegal (dot) com & @rdpatentlawyer on Twitter

Discuss your Queries

https://clarity.fm/assets/widget_loader.jsFrequently asked questions – Patents, Technology & Internet Laws ***************************************

To get in touch with us, please click here.

View our presentations here.

About the Author: Rahul Dev

Engagements: Contractual Consulting, Hourly, Project Based

Contact Mode: LinkedIn or directly message here

Schedule a Consultation Now

This is not a legal advice: Disclaimer, Non-Solicitation & Liability

[slideshare id=nBPIaLwdPRD8AB&w=425&h=355&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px; margin-bottom: 5px; max-width: 100%;&sc=no]

Patent Basics and Intellectual Property Rights from Rahul Dev

[slideshare id=fedUH8BLnh5Y6T&w=425&h=355&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px; margin-bottom: 5px; max-width: 100%;&sc=no]

IPR Protection for Hardware Startups – Patents, Trademarks, Copyrights and Designs from Rahul Dev

[slideshare id=45lPAl6nOHQUkd&w=425&h=355&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px; margin-bottom: 5px; max-width: 100%;&sc=no]

How to Hire a Startup Lawyer – Ultimate Guide to Understand Startup Laws from Rahul Dev

Important Website Terms of Use & Legal Disclaimers for Online Business Models and Mobile Apps Download free ebook for “Drafting Website Terms and Conditions – Important Legal Considerations”:http://app.getresponse.com/view_webform.js?wid=9764902&u=SkJ5Add to Flipboard Magazine.https://cdn.flipboard.com/web/buttons/js/flbuttons.min.js

Views published in Economic Times:

FreeCharge’s patent filing for alternative to OTP a wake up call for other companies

Originally published here.

financial technology patent attorney

FreeCharge files patent for technology claiming secure features for online transactions that provide alternative to the SMS based one-time-password (OTP)

Freecharge’s Technology named ‘On The Go Pin’ makes online and offline transactions faster

FinTech innovation by FreeCharge can reduce delay caused in receiving OTP through text message (SMS)

Freecharge’s patent claims innovative technology wherein security pin for online transactions resides within smartphone and keeps changing every few seconds.

To ensure security of online transactions, backend server of bank and merchants verify pin to process transaction.

Startups and companies file FinTech patents to prevent innovation theft and build up portfolio of intangible assets.

Patents serve as valuable assets for innovative companies spending valuable resources in research and development.

Analysis of patent portfolios of active companies and startups in financial technology (‘FinTech’) sector reveal that patenting activity in this patent classification is tossing up.

FinTech patents claim innovative technologies using digital platforms to deliver financial products and services that are implemented via efficient business models.

FinTech patents are filed in business sectors covering payments, banking, wealth management, capital markets, insurance, lending etc.

FinTech patents generally disclose innovations covering data, analytics, Internet of Things (IoT), artificial intelligence (AI), crowdfunding, security, cloud computing, cryptocurrency etc.

Patent filing trends indicate R&D for financial technology based innovations is active among banks, financial institutions, telecoms companies, software companies and e-commerce companies.

Interesting patent filing trends in FinTech sector indicate that institutions like Visa and Bank of America have filed numerous patents.

FinTech patents can be used to generate revenues by enforcement or by selling the patented technology to interested companies.

Rahul Dev, Partner at the law firm of Tech Corp Legal LLP, is a patent attorney and international technology business lawyer. Dev’s corporate law practice is aimed at integrating patents, technology laws, intellectual property rights, regulatory and security laws to provide services to FinTech companies.

Patent Drafting Resources

  1. Patent Drafting and Writing Strong Patent Applications for Creating & Protecting Inventions

  2. Patent Application Writing Guide | Ultimate Cheat Sheet for Drafting Software Patents and Mobile App Patents

  3. Patents in MedTech – Online Healthcare & Medical Practice Management

  4. Patent Research & Analytics | Where Patent Analytics Are Headed – Harnessing Power of Patent Analytics for Patent Strategy

  5. Frequently asked questions (FAQs) | Drafting and Writing Provisional & Non-Provisional Patent Applications (Specifications)

  6. How and Why are Patents Important for Technology Companies & Startups In Asia?

  7. How can Patent Search help in determining Patentability of Invention?

  8. What is the meaning of Patent Pending Status?

  9. What are advantages of Filing a Provisional Patent Application?

  10. What is a Provisional Patent Application?

About Us – Indian Patent Law Firm

We, at Tech Corp Legal LLP, an Indian law firm serving global clients and patent attorneys worldwide, provide quality patent drafting services to inventors. Along with patent support services provided by GIP Research, we offer top quality patent specification drafting services including enforceable patent claims and high quality patent illustrations.

Our team of patent attorneys and technical patent experts has comprehensive experience in executing projects pertaining to international patent drafting, patent drafting services, drafting patent claims and patent applications, software and mobile app patents, provisional and non-provisional patents, patent searches, office action responses, etc.

***************************************

Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology & Corporate Laws. He is reachable at info (at) techcorplegal (dot) com & @rdpatentlawyer on Twitter

Discuss your Queries

https://clarity.fm/assets/widget_loader.jsFrequently asked questions – Patents, Technology & Internet Laws ***************************************

To get in touch with us, please click here.

View our presentations here.

About the Author: Rahul Dev

Engagements: Contractual Consulting, Hourly, Project Based

Contact Mode: LinkedIn or directly message here

Schedule a Consultation Now

This is not a legal advice: Disclaimer, Non-Solicitation & Liability

[slideshare id=nBPIaLwdPRD8AB&w=425&h=355&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px; margin-bottom: 5px; max-width: 100%;&sc=no]

Patent Basics and Intellectual Property Rights from Rahul Dev

[slideshare id=fedUH8BLnh5Y6T&w=425&h=355&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px; margin-bottom: 5px; max-width: 100%;&sc=no]

IPR Protection for Hardware Startups – Patents, Trademarks, Copyrights and Designs from Rahul Dev

[slideshare id=45lPAl6nOHQUkd&w=425&h=355&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px; margin-bottom: 5px; max-width: 100%;&sc=no]

How to Hire a Startup Lawyer – Ultimate Guide to Understand Startup Laws from Rahul Dev

Important Website Terms of Use & Legal Disclaimers for Online Business Models and Mobile Apps Download free ebook for “Drafting Website Terms and Conditions – Important Legal Considerations”:http://app.getresponse.com/view_webform.js?wid=9764902&u=SkJ5Add to Flipboard Magazine.https://cdn.flipboard.com/web/buttons/js/flbuttons.min.js

In June, I attended Echelon, Asia’s largest technology conference featuring 50+ global speakers, investors, startups, entrepreneurs, and prominent tech corporations.

Originally published here.

startup patent business attorney

I got a chance to listen to Udemy’s Co-Founder and chairman, Eren Bali, who spoke about building a marketplace business.

What I really liked about the presentation was the way he dissected the marketplace business model while discussing best practices about designing the business. It was quite similar to how a lawyer analyzes various legal issues during a business transaction.

While explaining various components of a marketplace business model, Eren discussed that to start the business, the main goal is to connect demand and supply, which means acquiring more and more users to connect them with the supply side.

Other subsequent components of marketplace business include discovery, pricing, payment, user experience and support.

An important approach explained by Eren was to categorize all components as centralized or decentralized. In other words, if marketplace intends to control any component, it can be called centralized while if it is left to the supply side, it can be categorized as decentralized. For examples, companies like Uber tend to embody the marketplace as completely centralized wherein Uber manages almost everything except driving, whereas companies like Airbnb, ebay, craiglist etc. embody marketplaces as decentralized, wherein the supply side manages most of the stuff.

technology business lawyer

His presentation and video are embedded below for more details.

[youtube https://www.youtube.com/watch?v=UmaIJKiU4aE]

Building a Marketplace Business from e27

[slideshare id=35919232&w=427&h=356&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px 1px 0; margin-bottom: 5px; max-width: 100%;&sc=no]

Legal Challenges

While managing a marketplace business, business owners have to consider and manage certain important legal concerns, some of which are discussed below:

Legal Liabilities

When you walk into a physical store to buy a product and question the store-owner in case of any defect in the product or issue related to electronic payment, a similar problem can also arise while buying a product from an online marketplace. In digital space, third-party vendors usually sell their products through marketplaces that are not owned by them, and consequently, the legal liabilities are also divided among marketplace owners and such vendors. Exactly who is liable for what and whether the liabilities are civil and / or criminal in nature, this will depend upon exact nature of transaction, issue faced by the end user, local laws, and other related factors.

For example, if there is a payment related issue, mostly the liability will lie with the marketplace as they are the ones who facilitate the transactions between buyers and sellers by providing a payment gateway. Similarly, faulty product will become liability of the vendor. In any case, liabilities will be a combination of basic contract law (between buyer and seller, buyer and marketplace business owner, seller and marketplace business owner), consumer laws (basic rights of buyers), data protection laws (mostly with the marketplace business owner), cyber laws, criminal law (mostly with both seller and marketplace in case of infringement of intellectual property rights like patents, trademarks, copyrights, designs, by selling of counterfeiting products by sellers through marketplace), and the like. Similar analysis can be applied while providing services through marketplace business, such as Uber, AirBnb etc.

Accordingly, it is advisable for marketplace business owners to have, (i) appropriate terms and conditions mentioned on their websites that are in line with domestic and international laws, (ii) appropriate contracts with external vendors (sellers) to ensure a smooth transaction with the buyer and prevent transactions pertaining to fake (counterfeit) goods that can result in intellectual property (IP) infringement. This is just an illustrative list of legal measures and based on exact marketplace business model, the exact legal requirements can be quite detailed.

About the Author: Rahul Dev

Advice for Contacting

Engagements: Contractual Consulting, Hourly, Project Based

Contact Mode: LinkedIn or directly message here

Schedule a Consultation Now

Ask a General Question

Previous Blog Posts on Web

http://l.yimg.com/rt/pps/listbadge_1.8.js

Previous Blog Posts on Twitter


//
This is not a legal advice: Disclaimer, Non-Solicitation & Liability

Visit Technology Law Business Blog’s profile on Pinterest.//assets.pinterest.com/js/pinit.jsAdd to Flipboard Magazine.https://cdn.flipboard.com/web/buttons/js/flbuttons.min.js

Contact Us

Contact

+91 96502 47494

Contact

Level 18, One Horizon Centre,

Golf Course Road

DLF Phase 5, Sector 43

Gurgaon, Haryana 122002

India

Business Hours

Mon: 9:00 AM – 6:00 PM
Tue: 9:00 AM – 6:00 PM
Wed: 9:00 AM – 6:00 PM
Thu: 9:00 AM – 6:00 PM
Fri: 9:00 AM – 6:00 PM
Sat: 9:00 AM – 6:00 PM
Sun: Closed