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Food and Beverage (F&B) Business in Gurgaon

As per latest tech trends, when food meets technology to reach the customers, it is termed as Food Tech startups. In a city like Gurgaon, food startups have significant advantages as it is one the hottest place in India to launch a food business. With multinational crowd, demand for new options for food is ever increasing and on-demand (home delivery) provides immense convenience to end-users.

Originally published here.

food tech beverage laws india

Online Food Startup: Business Model

Latest companies and startups in F&B space are establishing innovative business models. For example, kitchen in the cloud model embodied by FoodPort allows players to run their own kitchen instead of outsourcing or aggregating.

Another category is aggregators, which is well known due to the likes of Zomato and Swiggy. In this model, the aggregators provide interactive web-based platforms and mobile apps to users to connect with restaurants. Such interaction provides a diverse range of options, including managing the listings, taking food orders online, food delivery, etc.

Paradigm Shift

Traditional food stores are changing their business model completely from offline to online due to high rentals and unbearable maintenance costs. For example, Buenowhich had an outlet in DLF CyberHub (CyberCity), recently shifted to an online food company model.

Angel Investment & Venture Capital Funding

Food tech startups are buzzing with funding news in recent past. For example, InnerChef, a food-technology company based in Gurgaon, recently announced pre-series A funding. InnerChef delivers ready-to-eat and ready-to-cook meals by providing an online fresh food delivery platform offering fresh paninis, salads, combos, snacks and desserts throughout the day.

Business Validation

Due to huge corporate base, Gurgaon is largest market in India for customer validation and although numerous food tech startups have received angel funding and influx of venture capital investments, only a few will survive in future because the market is all set for consolidation.

Food Startups and Law

There are some crucial legal considerations associated with food business and appropriate measures are required to minimize the risk / liability. Specifically, to launch and grow a food startup / business quickly, it would require formulating strategy to handle potential issues relating to corporate law, employment law, intellectual property rights, and taxation.

Initial steps to start a food tech startup include determining an appropriate corporate structure by incorporating a legal entity (private limited company, partnership, OPC, LLP etc.)

With a view to have clarity regarding management roles, co-founders agreement (shareholders agreement) should be executed having detailed provisions for role of founders (directors or promoters), commitments, cash investments, shareholding pattern, vesting schedule, lock-in period, dispute resolution mechanism, and exit procedure. This helps in smooth functioning of business. Similarly, appropriate contracts, agreements and legal documents should be executed with Investors, manufacturers and third party vendors.

Intellectual Property (IP) ownership should be clearly stated in all documents and agreements. As a standard practice, all IP rights (patents protecting technology, trademarks protecting brand names and copyrights protecting other artistic works) should generally be owned by the company.

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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

Often we come across multiple blogs and other related content (videos, images, presentations, documents, eBooks etc.) written by experts and it can get troublesome at times to read and grasp multiple such blogs at one go.

Industry experts are mostly reading and writing at the same time, so if valuable content is curated and presented smartly, it can boost effective knowledge sharing.

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This article is aimed at compiling five (5) interesting blog posts pertaining to law and technology, covering diverse topics. Hope these blog posts form an interesting and valuable read:

a. 7 Considerations While Drafting a Non-Disclosure Agreement (NDA)

It is commonly observed that every business discussion between two parties requires disclosure (or exchange) of confidential information, which mandates the execution of a non-disclosure agreement (NDA), also known as the confidentiality agreement.

Parties execute the NDA to protect confidential and proprietary information shared by (and between) each party. In most cases, NDAs act as first step towards subsequent business agreements and contracts, which include additional provisions to cover complexities of business transactions between the parties.

While drafting a confidentiality (non-disclosure) agreement, it is crucial to ensure interests of both the parties is adequately secured by including the required provisions in a well-defined manner and excluding provisions that are not required. Read more here.

b. Your Ultimate Guide To Understanding IPR for Hardware – Patents | Trademarks | Designs | Copyrights

“80% of things that surround us are not made by God, they are made in China”. Considering the dynamically changing landscape of hardware products due to latest developments in technology and introduction of lean manufacturing methods, it has become feasible to launch a hardware business that solves a real world problem.

However, while starting a business involving hardware as core product, adequate considerations must be given to issues related to Intellectual Property Rights (IPR). Read more here.

c. Drafting Website Terms and Conditions – Important Legal Considerations – Free eBook

Website Terms: As businesses and marketplaces transition towards new age mediums such as web and mobile, complexities surrounding them also continue to grow.

Appropriate terms and conditions along with privacy policies are critical to every website and mobile application.

Important considerations while drafting terms and conditions for websites and mobile applications are discussed in this eBook. Read more here.

d. Where Patent Analytics Are Headed – Harnessing Power of Patent Analytics for Patent Strategy

Patent analytics can be used as a crucial tool to prepare innovation landscape for any particular technology, following which the retrieved data can be used for multiple purposes, such as, for example:

(i) To determine scale and intensity of patenting activity across a particular technology sector.

(ii) To assess level of collaborations between Industry, Academia and Government by specifically focusing on patents filed jointly as a result of research collaboration between public and private sector, along with universities.

(iii) To evaluate quality of patenting activity.

(iv) To identify target markets by determining white gaps between existing patents (including both granted patents and pending patent applications).

Read more here.

e. Filing International Trademark Application Under Madrid Protocol 

Madrid System, including Madrid Agreement and Protocol relating to Madrid Agreement, is an international treaty to facilitate international registration of trademarks and management of trademark applications.

Madrid Agreement and Madrid Protocol – Governing Treaties

The treaties provide an easy and cost effective way of filing international trademarks. Once the trademarks are registered by respective designated offices, the Madrid protocol further provides simple procedures to manage international registrations. Read more here.

About Us

Tech Corp Legal LLP is team of accomplished patent attorneys with expertise in Intellectual Property, Patent Strategy & Technology Consulting for formulating profitable & sustainable Patent (IP) Strategy. Our lawyers are invited as Patent Attorneys & Global Business Lawyers to speak at various International & Govt events, News Channels, International Conferences, CEO Workshops.

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We act as Patent Consultants & Legal Advisors to International Law Firms (Including Patent Attorneys), Executives, Technology Corporations, Investors, Entrepreneurs & Startups (US, EU, Asia Pacific & various Jurisdictions). Our practice areas include: Patents, Trademarks, Intellectual Property Rights Strategy, Technology Laws, Corporate & Securities Law, Ventures Capital Financing, Fundraising and International Business Advisory, Patent Portfolio Management, Copyrights

We have extensive experience with Global Patent Attorneys, In-house IP Counsels, CTOs, R&D Heads, Licensing Officers and our services include: Patent Law Opinion, Drafting Patent Specifications, Prior Art Searches, Patent Invention Disclosures, Novelty (Patentability) Analysis & Patent Infringement Research (analytics), Patent Litigation Evidence (charts), Patent Invalidation & Validation Analysis, Patent (IP) Landscape Analysis, Patent Prosecution & Opposition, Office Action Responses (USPTO, EPO, UKIPO), Patent Licensing Agreements, Freedom to Operate Analysis etc.

Our Technology Expertise includes: Software Patents, Wireless Communications Patents, Mechanical Patents, Healthcare, Life Sciences, Genetic Engineering Patents, Video (Mobile) Games, Mobile Apps, Cloud Computing, Digital Media, Biotechnology, Semiconductor & Medical Devices

We are registered as Patent Attorneys with Indian Patent & Trademark Office for Prosecuting Patent Applications, Hearings, Responding to Examination Objections, Trademark Applications etc. and member of Delhi High Court Bar Association. Our engagement models include: Contractual, Hourly, Per Project

Our specialties include: Litigation, Patent Litigation, Patent Infringement, Corporate & IP Strategy, Startups: Incorporation, Funding, Brand Management, Contracts & Agreements, Legal Research, SWOT, Corporate Governance, Due-diligence, Mergers & Acquisitions, Antitrust & Competition Laws, Regulatory Affairs, Freedom-to-Operate, Patent Drafting, Claim Drafting, Patent Searches, Office Actions Response, USPTO Patent appeal briefs, Patent Invalidation Analysis, Patent Opposition, Product-Claim Mapping, Patent Enforcement etc.

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About the Author: Rahul Dev

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