Internet, Software, E-commerce & Mobile Apps

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Internet Law: Website Terms, Contract Law and Consumer Rights – Flipkart vs eBay vs Amazon

Posted by techcorpgroup on September 28, 2013

Original article source: http://wp.me/p2PCVq-NS

Few weeks back, this article was shared across various platforms: Flipkart screwed me over: Here’s how they could stick it to you as well

This prompted us to analyse Flipkart’s terms and conditions.

Website Terms, Contract Law and Consumer Rights – Bermuda Triangle of e-commerce, Flipkart vs eBay vs Amazon

Originally published by Digital News Asia

  • Website terms create a binding contract between the buyer and the seller

  • Although the terms are drafted to secure seller’s interest, consumer rights shouldn’t be ignored

Flipkart_Lawyer_India

CONSUMERS have been switching to digital channels for buying products and with every purchase, the retail sites are accomplishing greater market penetration. Every site is trying hard to win this fight by getting more visitors than their competitors and convincing them to spend their dollars.

In Asia Pacific, the rapidly expanding middle class and their access to the Internet is the largest factor for e-commerce growth as consumer demands are increasing with the latest technology.

However, while executing their business plans, most companies ignore a very crucial aspect of online business: The website terms and conditions of use. Since the transactions happen online, such terms and conditions govern the purchase between the consumers and the businesses.

Effectively, such terms and conditions are governed by Contract Law. The terms are generally drafted to create a binding contract on the buyer that protects the seller, but while doing so, many companies miss the basic rights of the consumers.

For example, Indian e-commerce giant Flipkart announced its marketplace in April, wherein it opened up the platform for various third-party sellers to sell their products. However, as per user terms, all commercial/ contractual terms are offered by and agreed to between Buyers and Sellers alone, and Flipkart states that it does not have any control of such commercial/ contractual terms between the Buyers and Sellers. Detailed terms may be seen here.

But while stating that the company has no control over transactions between buyers and sellers, companies like Flipkart forget that consumers have basic legal rights, and since buyers are paying money to sellers through Flipkart, they are equally responsible towards buyers.

But it does not end here, Flipkart goes one step ahead in arm-twisting its consumers by stating that it is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers; Flipkart cannot and does not guarantee that the concerned Buyers and/ or Sellers will perform any transaction concluded on the website; and Flipkart shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.

In simpler terms, if a seller sends a wrong item, it is the sole responsibility of the buyer to handle this. Although it offers a 30-day replacement guarantee, this does not allow Flipkart to be oblivious to the rights of consumer in accordance with Indian consumer laws. Since sellers sell through Flipkart’s marketplace, they need to strictly regulate and monitor all the transactions and take full responsibility for resolving consumer’s issues, rather than blatantly ignoring those.

Comparing this approach with that of Amazon, which sells in India through a marketplace model, the terms are very well balanced, consider basic consumer rights, and offer detailed provisions for every step of the transaction.

In case any seller fails to abide by his commitment towards the buyer, the buyer can request for a refund. Subsequently, if a seller does not refund within three business days, Amazon states that the buyer can make an A-to-Z Guarantee claim to Amazon whereby Amazon will stand by the claim and help the buyer recover the payments made to the seller if the claim is valid.

In addition to the above, Amazon clearly states Conditions Of Sale (between Sellers and the Customer), wherein it is interesting to note that the entire terms are drafted to bind sellers and buyers with a legal agreement.

Effectively, Amazon specifies its role as a marketplace and strictly regulates both sellers and buyers, which is in stark contrast to Flipkart’s approach of not regulating the marketplace, leading to a desquamation of its responsibility of honouring the basic rights of the consumer.

Similarly, eBay India offers buyer protection programmes whereby it states a clear procedure to assist consumers in case of any issues they face due to a seller’s non-performance. Apart from this, eBay plays an active role to solve the problems faced by both buyers and sellers, thereby providing a marketplace that is well regulated to respect consumer rights and protect sellers’ interest at the same time.

eBay offers similar user agreements for other countries like Singapore and Malaysia, thereby setting an international standard.

In the case of content-aggregating sites, such as AllDealsAsia, which is a Singapore-based daily deals aggregator and group buying site, the terms of use are slightly different as the site is allowing merchants to offer deals to the buyers on an online platform.

Referring to the terms of AllDealsAsia, the site provides distinct terms of sale that are categorised into three categories, including terms of sale for restaurant specific vouchers, terms of sale for non-restaurant merchant vouchers, and terms of sale for all deals including redemption of voucher for cash value.

While specifying all such terms, AllDealsAsia clearly mentions applicable laws in all the provisions, thereby drawing a distinct line while absolving its responsibility in case of direct dealings between merchants and buyers.

AllDealsAsia further defines responsibilities of the merchants succinctly whereby it is clearly stated that since the deals (vouchers) are offered by the merchants (and not AllDealsAsia), the merchant is solely responsible for redeeming the same. Detailed terms may be seen here.

From the perspective of business owners, a number of legal issues should be considered before the e-commerce site goes live. The general terms and conditions of use should be clearly defined, giving due consideration to contract law and consumer rights.

The terms governing online transactions between buyers and sellers should include provisions to limit transaction risk and protect the business by specifying limitations of liability, indemnities, returns policy and favourable legal jurisdiction.

The terms related to security, privacy and best trade practices should be defined in light of the laws of the jurisdiction.

It should also be ensured that the website does not host defamatory material, infringe third party intellectual property rights, and should further operate in accordance with the data storage and data protection laws of the country.

Businesses should also take strict measures to protect their own intellectual property rights by filing appropriate copyrights, trademarks, patents and design protections both domestically and internationally, which ensures strong brand protection in the digital world.

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M&A Review: Nokia Microsoft Deal & Smartphone Patents – Summary & Differences with Google Motorola Deal

Posted by techcorpgroup on September 28, 2013

Original article source: http://wp.me/p2PCVq-NM

Nokia Microsoft Deal & Smartphone Patents – Summary & Differences with Google Motorola Deal

Image representing Nokia as depicted in CrunchBase

Brief facts and analysis:

Amount paid by Microsoft to Nokia: $ 7.2 Billion / Є 5.44 Billion

Acquisition includes:

  • Nokia’s Devices & Services business
  • Mobile Phones and Smart Devices business units
  • Industry-leading design team
  • Operations: Nokia Devices & Services Production Facilities
  • Devices & Services-related sales and marketing activities
  • Related support functions

For detailed infographic, click here.

Timing of the move: quite sensible considering BlackBerry‘s uncertain future, implies Microsoft’s long term commitment towards Smartphones

Patent-related Aspects: Nokia has only licensed, not sold its patent portfolio

Image representing Microsoft as depicted in Cr...

Contrasting Differences with Google – Motorola Deal

  • Google acquired Motorola mainly for its patent portfolio
  • Google overpaid for Motorola’s 
  • At present, only one enforceable patent injunction against Apple in Germany
  • No injunction against Microsoft

Microsoft to pay Є 1.65 billion to license Nokia’s patents:

  • Boost for Nokia’s Patent Monetization Strategy
  • Microsoft to grant reciprocal rights to Nokia for using Microsoft patents in its location and mapping software
  • Nokia to grant an option to extend this mutual patent agreement in continuity to Microsoft
  • Nokia’s existing long-term patent licensing agreement with Qualcomm and other licensing agreements also licensed to Microsoft
  • Nokia is also licensing existing arrangements with IBM, Motorola Mobility and Motorola Solutions to Microsoft
  • Design Patents, which are generally not licensed to third parties, have been acquired by Microsoft, 8500 in total

Regulatory Issues: Deal is subject Antitrust Approval, and termination fee of USD 750 million will be paid by Microsoft to Nokia in case transaction fails, which in case of Google – Motorola deal was USD 2.5 billion, which was astronomically high probably concerned over antitrust approval

Microsoft has acquired Lumia & Asha brands

Microsoft to use Nokia brand on smartphones for 10 years

Nokia’s patent portfolio – one of the strongest in tech sectors

Overall, Nokia’s patent portfolio covers 30,000 utility patents + applications

Conclusion: Microsoft will have most cost effective patent arrangements for smart devices

Nokia’s future: they possess the largest and strongest intellectual property portfolio in the industry, with ~10,000 carefully selected patent families

Nokia has already established a successful patent and technology licensing operation, which will be expand to continue to drive revenue and profit for Nokia through the new Advanced Technologies business, as conveyed by Nokia’s Chairmain Risto Siilasmaa.

Nokia will also select a new CEO since current Chief Executive Stephen Elop will follow the mobile business to Microsoft.

English: Stephen Elop meets the bloggers in 20...

Impact of Nokia – Microsoft Deal on BlackBerry:

  • One obvious buyer of BlackBerry’s mobile division does not exist anymore.
  • Microsoft will not buy it BlackBerry – Google has quite different strategy from Apple – Samsung will be not interested at all.
  • Present categories of OS – divided among Google, Apple and Microsoft, BlackBerry’s OS is entirely different.
  • Impossible for any company to acquire BlackBerry as it will require abandonment of existing OS.

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Infographic:

Microsoft_Nokia_Google_Apple

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Infographic: Nokia Microsoft Deal vs. Google Motorola – Comparison of Patents

Posted by techcorpgroup on September 28, 2013

Original Source: http://wp.me/p2PCVq-Ni

Microsoft_Nokia_Google_Apple

If you need business advisory services, you can refer to our Business Accelerator (TechCorpCapital), our law firm (TechCorpLegal) and our tech business consultancy (Tech Corp International Consultants, Singapore).

For technology specific advisory, you can refer to our premium service offerings for Mobile Applications, Social Media & Cyber Laws (CyberCorpLegal) and Pharmaceuticals, Biotechnology, Food & Healthcare (BioCorpLegal). 

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Website Legal Audit: How to Perform Legal Audit of Your Website | Role of Internet Lawyer (Law Firm)

Posted by techcorpgroup on May 11, 2013

Website Legal Audit

Source: http://wp.me/p2PCVq-HW

Introduction

With the ever changing advent of Internet law, it is very crucial to ensure the legal compliance of a website and get it audited from an internet lawyer. Various components of a website, including, Terms and Conditions, Privacy Policy and Legal Disclaimer, should be in compliance with the recent legal regulations. Regular legal audit of the website ensures that potential litigation is avoided and your intellectual property is duly protected.

internet-audit-strategy-legal

How to define web site legal audit?

A legal review of a website by an internet lawyer to analyze potential legal issues associated with the website may be defined as Website Legal Audit. As a general practice, the website legal audit begins by analyzing and distinguishing the content hosted on the website and services provided by the website.

Website Disclosure

Websites generally have a uniform conduct for the visitors many a times called “Terms of Use”, “Legal Terms” or “Terms of Services”, these are the sections used for defining the explanation and relationship between the owner of the website and visitor. A website owner is solely authoritative for having the appropriate terms to use the website.

Intellectual Property Issues: Copyrights

The most common infringement of intellectual property rights on internet is by “Copying and Pasting”. If the data is not copyrighted it is a public realm, these are the assumptions violating the website operator. So the owners should be sure enough that all their data and information should be properly licensed from the respective owners. A copyright is not competent to claim the image, specified licenses are also required.

The three basic methods to obtain content for the site are:

(a) The content can be created by the owners.

(b) They can use already published content with the permission of the author

(c) They can use the content without permission as well but that obviously be termed as ‘copying’.

Advertising and Promotions

In most of the countries, the advertising is regulated by various Federal / Central and State / Local laws. Almost all organizations let the advertisement to be circulated on their websites. The owner of the website should review all the guidelines for the advertisement to be announced. Any false advertisement can lead to legal liability. The guidelines should be in a written form which consists of all legal requirements as required by various national and international laws.

Advantages of Legal Audit of Website

A through legal audit of a website includes, assessment of the full extent of website’s legal liability, legal analysis to ensure that the website is in compliance with various legal regulations as specified by major jurisdictions, such as, US, UK and EU and international Internet laws, and determining the necessary terms, disclaimers, policies, procedures and measures to prevent expensive litigation. Thus, the website legal audit can provide multiple advantages, such as, detecting whether the website is breaching any laws, detecting whether the website is infringing any third party rights, and ensuring full legal compliance.

Checklist: Do’s and Don’ts

(a) Incorporation of “I Accept” Button: One of the best ways to make the terms accessible to users is by incorporating a click-through “I Accept” or “I Agree” button, which must be completed before the visitor can access the website.

(b) Define the Scope: It is always beneficial to assert the website owner’s rights (including IP rights) and define what all users can do and cannot do.

(c) Jurisdiction and Applicable Laws: With a view to avoid any confusion, always specify the jurisdiction(s) that will be applicable along with relevant laws.

(d) Collection of Information: Always explicitly state what all information will be collected, how it will be collected and for what purposes it will be collected.

(e) Legal Disclaimer: Always include a legal disclaimer to dissolve the liability for the content and performance of the website.

(f) Viruses: The terms should clearly prevent the introduction of viruses and should dissolve any liability on the part of the website owner if anything from the website infects the visitor’s computer.

(g) Cookies: Always ensure that Cookies, which are used to identify a user’s preferences, cannot be stored on a user’s computer without informing the user and without obtaining the consent of the user.

(h) Storing Personal Information: It should be clearly stated to the user (in case his personal information will be stored) that where the personal information will be stored, i.e. either locally, or over cloud in another jurisdiction.

For any further clarifications regarding website terms, privacy policies and legal disclaimers, please feel free to get in touch at info (at) techcorplegal (dot) com.

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Tech Corp International Consultants Pte. Ltd. is a Singapore based business consultancy company focusing on at entrepreneurs who are exploring to start a new business by incorporating a company in Singapore. Through a strong network of our business associates in Singapore, we provide a diverse range of services, including, Singapore company incorporation, accounting, tax, immigration and related compliance services. We assist our clients in incorporation of local Singapore companies, Singapore subsidiaries of foreign corporations and registration of Singapore branch offices of overseas companies, statutory administration of companies, accounting and tax filing for companies and individuals, application for work passes and permanent residence for expatriates, application for business licenses, and related corporate services.

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Singapore’s Personal Data Protection Act (PDPA) 2012 & Cloud Control | Mobile Applications & Mobile App Development in Singapore

Posted by Rahul Dev on January 24, 2013

Source: http://bit.ly/Ypigo6

A software program that can be downloaded and accessed directly using a phone or amobiledevice, like a tablet, is generally known as Mobile Application (orMobile App). From the perspective of mobile app developers, mobile applications form an important part of the booming mobile segment, which has gained tremendous momentum due to ever increasing sophistication of mobile devices and improving capabilities of wireless networks.

The first and foremost requirement before developing a mobile app is to have a viable concept in place, which may be a total game changer with unique and novel characteristics, or an enhancement / improvement over existing apps that adds more features and makes them more user friendly. Accordingly, while finalizing the concept, a lot of research is required to analyse existing apps to ensure the novelty and utility of the proposed app.

Another factor that is required to be considered before developing an app ismobile app monetization, i.e. whether the app will be a free app, a paid app, or a combination of both (freemium app). Generally, a freemium app provides a product or service, such as software, media, games or web services, free of charge, but a premium is charged for advanced features, functionality, or virtual goods. To read more about freemium model, you can refer to thisTechCrunch’s post.

Deciding the right platform to launch the mobile app is very crucial. The major platforms include Apple, Android, Windows Mobile and Blackberry. Each of these comes as a package with its own advantages and limitations that may be understood in detail by analysing the respective Software Development Kits (SDKs).

After developing a mobile app based on above-mentioned parameters and other related considerations, issues related to data privacy and cloud control may arise and it is always advisable to resolve those at the earliest. Generally, such issues involve understanding of legal and regulatory policies, which vary for each jurisdiction. Hiring alegal consultant with adequate knowledge of cyber lawsis always advisable.

In Asia,Singaporeis the best place to study future ofmobilemarketing and commerce, which significantly define monetization of mobile apps. According to aSingapore Mobile App study, Singapore M commerce is expected to be worth S$3Billion by 2015. Currently half of all online shoppers are mobile shoppers, according to a Forrester survey and that is growing exponentially. Almost a millionSingaporeansmade a purchase through a mobile device in 2011 according to the survey and that number has grown dramatically in 2012. Interestingly Singaporeans spent a third more from their tablets than they do on their mobile and they spend on more luxurious items on their tablets such astechnologyand cars.

Usage of most of themobile appsinvolve mining of information, including personal data of users as many apps are designed to retrieve information stored onmobiledevices, which may include location based data, photos, contact information, and the like. Such information is then sent to remote servers located at a different location, which is generally referred to as ‘cloud computing’, with a view to provide multiple services to the users, such as, mobile commerce, storage, gaming, social media, and the like.

From legal perspective, it becomes very important for the companies andapp developersto consider the type of information that is being procured, stored, and managed by various mobile apps as well as how such information is handled by the application programming interface (API). Accordingly, mobile apps certainly fall under the purview of data privacy laws. One such law has been introduced inSingapore, known as Singapore’s Personal Data Protection Act 2012 (“PDPA”).

The Personal Data Protection Act 2012 of Singapore is aimed at protecting individual’s personal data against misuse. It provides provisions for a national Do-Not-Call registry and a new enforcement agency will be tasked to regulate the management of personal data by businesses and impose financial penalties.

Generally, personal data is defined as data that relates to an individual, whether the data is stored in electronic or non-electronic form. The Personal Data Protection Act 2012 of Singapore is further aimed at providing individuals more control over their personal data, as they have to give consent and be informed of the purposes for which organizations collect, use, or disclose the information. In addition, the individuals may also seek compensation for damages directly suffered from a breach of the data protection rules through private rights of action.

With a view to tackle the issue of unsolicited telemarketing calls and messages, a National Do-Not-Call (DNC) Registry will be created by early 2014 inSingapore. The registry prohibits organizations in Singapore from sending specified messages to any Singapore telephone number registered with the DNC, unless the owner of the telephone number has given consent to be contacted for marketing purposes. Additionally, a Personal Data Protection Commission (PDPC) will also be set up to serve as the country’s main authority on matters relating to personal data protection and enforce data protection rules. If an organization is non-compliant, the PDPC may impose a maximum financial penalty of S$1 million (US$818,150). The full copy ofThe Personal Data Protection Act 2012 of Singapore may be accessed here.

The act comes into effect in 2013, with an 18 month sunrise period for organisations to comply with data protection requirements. Mobile app developers and owners should now consider implication of data protection laws at the early stages of development, so that there are no legal hassles at the time of scaling up and monetizing apps, seeking funding and launching global operations.

As the Personal Data Protection Act 2012 of Singapore governs the collection, use and disclosure of “personal data” by organisations, it should be ensured that what exactly includes personal data as most mobile apps collect information from users, but not all the mobile apps collect personal data. As per Section 2 PDPA, “Personal data” means “data, whether true or not, about an individual who can be identified – (a) from that data; or (b) from that data and other information to which the organisation has or is likely to have access”. In case of apps utilizing crowd-sourced data, including location-based data and user-generated content, some of the information may constitute personal data.

Moreover, as per PDPA, consent is required before the collection, use or disclosure of personal data. However, there are exceptions where no consent is required. For example, one exception is that no consent is required for the collection, use and disclosure of personal data which is publicly available. Such publicly available information may include data available over various public websites, blogs and social networks.

Jurisdiction wise, the provisions of PDPA may be applicable to mobile app development companies operating outside of Singapore, as the PDPA applies to private sector organisations whether or not formed, resident or having an office or place of business in Singapore. It also applies to individuals who are using the data other than for domestic or personal use. Accordingly, the PDPA would be applicable to mobile app developers and owners who offer their apps to the Singapore market through the Singapore Apple App store, the Google Play store, the Blackberry World, or the Microsoft’s Windows App store.

Visit ourTech Patents Bloghomepage:http://www.techpatentstrategy.com

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Contributors:Prity Khastgirand Rahul Dev

We regularly update our Facebook page and share similar stories on Twitter. You can also check out our premium service offerings for Mobile Applications, Social Media & Cyber Laws and Pharmaceuticals, Biotechnology, Food & Healthcare
To know more about us, get connected with us on LinkedIn or mail us at info [at] techcorplegal [dot] com

Patent Licensing: We assist in patent licensing by developing licensing strategies, managing licensing programs, applying required technical expertise for patent evaluation and reverse engineering, negotiating patent licensing terms, thereby bridging the gap between technological innovations and commercial markets.

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Funding & Investments: We make small investments, provide mentoring, consultancy, premier legal and accounting services, access to capital and work with the entrepreneurs to get their venture into the best possible shape for pitching to investors.

Starting a New Business in Singapore | Singapore Business Guide

Tech Corp International Consultants Pte. Ltd. is a Singapore based business consultancy company focusing on at entrepreneurs who are exploring to start a new business by incorporating a company in Singapore. Through a strong network of our business associates in Singapore, we provide a diverse range of services, including, Singapore company incorporation, accounting, tax, immigration and related compliance services. We assist our clients in incorporation of local Singapore companies, Singapore subsidiaries of foreign corporations and registration of Singapore branch offices of overseas companies, statutory administration of companies, accounting and tax filing for companies and individuals, application for work passes and permanent residence for expatriates, application for business licenses, and related corporate services.

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Touch Patent Analysis | Panasonic Lets You Edit Photos on TV with Touch Pen #2013CES | Panasonic’s TOUCH SCREEN DEVICE P atent

Posted by Rahul Dev on January 8, 2013

Source: http://techcorpgroup.com/Singapore/panasonic-lets-you-edit-photos-on-tv-with-touch-pen-2013ces-panasonics-touch-screen-device-patent/

Panasonic Lets You Edit Photos on TV with Touch Pen #2013CES | Panasonic’s TOUCH SCREEN DEVICE Patent

As published byMashable, at 2013CES, Panasonic showed off a new vision of the second screen, introducing new ways your phone or tablet can interact with what you’re watching on TV. In short, Panasonic revealed a new accessory called the Touch Pen that lets you edit photos right on the screen, and then immediately push them to a mobile device.

In the case of photos, the users can actually edit them and by using a Touch Pen, users can write notes or draw pictures on the screen with the Pen, assisted by a pull-down menu that appears when the pen touches the TV. Those edited pictures can then be pulled back down to any mobile device.

In addition Swipe and Share 2.0, Panasonic is enhancing its second-screen experience through partnerships with HSN, which has developed a app called Shop by Remote, which lets users get detailed product information and read customer reviews of whatever they’re checking out on the channel.

Panasonic’s TOUCH SCREEN DEVICE Patent

Titled “TOUCH SCREEN DEVICE”, United States Patent Application 20120293453Panasonic’s patent was filed on 05/03/2012 and was published on 11/22/2012, and it relates to a touch screen device that determines whether a pointing device for a touch operation is a pen or a finger.

It may be noted that this patent may not be exactly related to the latest technology revealed by Panasonic, but still acts as a reference to study the patent filing trends.

As may be seen therein, the touch screen device 1 includes a panel body 5, which is provided with a touch surface 2, on which a touch operation by a pen P or a finger F is performed, and in which a plurality of transmitting electrodes 3 extending in parallel to one another and a plurality of receiving electrodes 4 extending in parallel to one another are arranged in a grid pattern; a transmitter 6 that applies a drive signal to the transmitting electrodes 3; a receiver 7 that receives a response signal of the receiving electrodes 4 in response to the drive signal applied to the transmitting electrodes 3, and outputs detection data of each electrode intersection, at which the transmitting electrode 3 intersects with the receiving electrode 4; and a controller 8 that detects a touch position based on the detection data output from the receiver 7, and controls operations of the transmitter 6 and the receiver 7.

Additionally, the touch screen device 1, combined with a large screen device, is used as an interactive white board, which can be used in a presentation or a lecture. In particular, in this embodiment, the touch screen device 1 is used in combination with a projector device 10, and a touch surface 2 of the touch body 5 is used as a screen that displays a projection image of the projector device 10.

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Tech Corp International Consultants Pte. Ltd. is a Singapore based business consultancy company focusing on at entrepreneurs who are exploring to start a new business by incorporating a company in Singapore. Through a strong network of our business associates in Singapore, we provide a diverse range of services, including, Singapore company incorporation, accounting, tax, immigration and related compliance services. We assist our clients in incorporation of local Singapore companies, Singapore subsidiaries of foreign corporations and registration of Singapore branch offices of overseas companies, statutory administration of companies, accounting and tax filing for companies and individuals, application for work passes and permanent residence for expatriates, application for business licenses, and related corporate services.

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LG’s 55-inch OLED HD TV at CES 2013, Las Vegas #2013CES | Analysis of OLED Patents owned by LG

Posted by Rahul Dev on January 8, 2013

Article Source: http://techcorpgroup.com/Singapore/lgs-55-inch-oled-hd-tv-at-ces-2013-las-vegas-2013ces-analysis-of-oled-patents-owned-by-lg/

LG’s 55-inch OLED HD TV at CES 2013, Las Vegas #2013CES | Analysis of OLED Patents owned by LG

LG has recently announced at CES in Las Vegas that it would launch the long-awaited OLED TV into the U.S. market this March, for a suggested retail price of $12,000.

In addition to OLED, LG also announced it will expand its line of Ultra HD TV sets with two more sizes: 65-inch and 55-inch sets. They join an 84-inch, $20,000 model that launched in 2012. However, LG didn’t announce pricing or availability of the new Ultra HD models, which display images with four times more detail than the standard high-definition TVs.

Generally, an OLED TV screen’s design is based on a new display technology called OLED (Organic Light Emitting Diodes). OLED televisions provide multiple advantages, such as, for example, more brightness, more efficiency, thinner screens, better refresh rates and contrast as compared to either LCD or Plasma.

The manufacturing process of OLEDs includes placing thin films of organic (carbon based) materials between two conductors. Accordingly, when electrical current is applied, a bright light is emitted. Subsequently, the OLED materials emit light and do not require a backlight (unlike LCDs). As a matter of fact, each pixel is a small light-emitting diode.

In addition to the above, OLED TV panels offers several advantages over LCDs, such as, faster refresh rate, better contrast and better color reproduction. In terms of thickness, LG’s EL9500 is just 1.7mm thick. It also provides much better viewing angle of almost 180 degrees. In terms of power consumption, moving towards greener segment, OLEDs draw less power, and also do not contain any bad metals. Another advantage is that OLED panels can potentially be made flexible and/or transparent.

Patent Trends

Although it is a well known fact that Samsung and LG make Korea one of the top 5 countries that file for patent applications, a quick search at USPTO revealed that there exists almost 50 patents (both granted and pending) assigned to LG having OLED mentioned in the abstract. This may not provide an accurate analysis but still act as a reference to study the patent filing trends.

Among these granted patents and published patent applications, a few has been randomly selected and briefly analysed below.

United States Patent 8330675 – Organic light emitting display

Filed on 07/21/2009, this patent relates to an organic light emitting diode (OLED) display that includes a panel, a driving unit, and a sense unit. The panel includes subpixels, disposed on a first substrate, and electrode patterns disposed on one side of a second substrate. The first substrate and the second substrate are attached to each other, and the electrode patterns are disposed on a side of the second substrate that is facing the first substrate.

As seen therein, FIG. 4 illustrates an exemplary view of an electrode patterns having a two-dimensional dual-layer structure, and the electrode patterns may have a structure in which the electrode patterns are divided into Y-axis electrode patterns Y0, Y1, Y2, and Y3 and X-axis electrode patterns X0, X1, X2, and X3 both of which are disposed in different layers. For example, as seen above, FIG. 4 is a diagram showing that the Y-axis electrode patterns Y0, Y1, Y2, and Y3 and the X-axis electrode patterns X0, X1, X2, and X3 are arranged in a diamond form. As per the disclosure, in this structure, when a user touches a point A0, the sense unit TSC can detect a change in the capacitance, caused by the area of Y0 and the area of X0, through the electrode patterns located in the touched area.

Accordingly, the sense unit TSC can detect capacitance, changed according to the touch points A0, A1, A2, and A3 by a user, through the electrode patterns. Here, the above-described electrode patterns may have a different structure according to their positions. Accordingly, the sense unit TSC may convert data, input in the form of an analog signal, into a digital signal in order to use the change in the capacitance acquired from the electrode patterns.

Also, FIG. 5 is a diagram showing the structure of a panel that comprises subpixels, disposed on one side of a first substrate 100a, and lower electrode patterns 161 disposed on one side of a second substrate 100b (i.e., a side facing the subpixels). The first substrate 100a and the second substrate 100b are coalesced together and sealed by an adhesive member 180. Meanwhile, the lower electrode patterns 161 are coupled to the sense unit as described above. Further, the lower electrode patterns 161 may be divided in plural numbers in respective lines corresponding to the subpixels, but not limited thereto. Here, the panel may comprise a protection layer 190 disposed on the other side of the second substrate 100b. The protection layer 190 may be made of a polarizing film, but not limited thereto. In the case where the lower electrode patterns 161 are disposed on one side of the second substrate 100b as described above, a buffer layer 155 made of organic material or an insulating film may be formed on an upper electrode 150 in order to prevent short between the lower electrode patterns 161 and the upper electrode 150. In this case, the buffer layer 155 may be omitted.

This patent further discloses that the OLED device according to the embodiments of the invention may have a function of the touch screen panel using the electrode patterns on the panel. Furthermore, in the OLED device according to the embodiments of the invention, because the electrode patterns driven in a capacitance manner and the panel form an integral body, a function of the touch screen panel capable of performing the multi-touch operation may be provided so as to reduce the manufacturing cost.

United States Patent 7932916 – Organic light emitting diode device capable of decreasing data procesing capacity and timing controller suitable for the same

Filed on 05/03/2005, this patent relates to an organic light emitting diode (OLED) device, and a method for driving the same, in which image data is processed by Frame Rate Control (FRC) and dithering, so that it is possible to decrease data processing capacity, area of drive IC, and power consumption.

As shown therein, FIG. illustrates the OLED device according to the present invention including an OLED (or OELD) panel 200, a gate drive unit 203, a data drive unit 205, and a timing controller 210, all operatively coupled. At this time, the gate drive unit 203 and the data drive unit 205 respectively apply driving signals to gate and data lines formed on the OLED panel 200. Also, the timing controller 210 controls the gate drive unit 203 and the data drive unit 205.

Also, the timing controller 210 receives RGB image data of n-bit, and synchronized signals HSYNC and VSYNC and clock signals DE and MCLK for displaying the corresponding RGB image data from a graphic source, e.g., from an external system. Then, the timing controller 210 performs gamma correction, color compensation, FRC (Frame Rate Control), and dithering, and outputs the compensated RGB data of n′-bit (n′=n or n′=n+1) to the data drive unit 205.

In the OLED device and the method for driving the same according to this patent, the FRC and dithering process is performed for the gamma correction, whereby the data processing capacity and the area of the drive IC decrease, thereby decreasing the power consumption.

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Tech Corp International Consultants Pte. Ltd. is a Singapore based business consultancy company focusing on at entrepreneurs who are exploring to start a new business by incorporating a company in Singapore. Through a strong network of our business associates in Singapore, we provide a diverse range of services, including, Singapore company incorporation, accounting, tax, immigration and related compliance services. We assist our clients in incorporation of local Singapore companies, Singapore subsidiaries of foreign corporations and registration of Singapore branch offices of overseas companies, statutory administration of companies, accounting and tax filing for companies and individuals, application for work passes and permanent residence for expatriates, application for business licenses, and related corporate services.

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iPhone Mobile App Analysis: iPhone 5’s and iOS 6’s Passbook App | Overview of Passbook Patent | Apple’s iWallet | Mobile Payment Patent Trends

Posted by Rahul Dev on January 7, 2013

Article Source: http://techcorpgroup.com/Singapore/iphone-5s-and-ios-6s-passbook-app-overview-of-passbook-patent-apples-iwallet-mobile-payment-patent-trends/

iPhone 5’s and iOS 6’s Passbook App | Overview of Passbook Patent | Apple’s iWallet | Mobile Payment Patent Trends

When Apple announced iOS 6 and iPhone 5 in 2012, among all the features revealed, the Passbook app is one of the most relevant features for potential marketing. In simpler terms, it’s a digital wallet meant to compete directly withGoogle Wallet, which is Google’s smart, virtual wallet for in-store and online shopping.

For example, it may be possible for merchants to code Passbook offers and deliver them via email, Web or within their brand apps. Subsequently, such Passbook items (coupons, discounts, etc.) can be associated with up to 10 locations via latitude and longitude coordinates, which can provide Passbook with the ability to offer reminders on a user’s home screen, similar to push notifications, that an item in his or her Passbook is available for redemption (e.g., coupon) when the user’s location is in the vicinity of those designated coordinates.

For marketers, specifically consumer firms and deals companies, the Passbook app may boost the adoption and importance of real-time, geo-contextual mobile marketing. Additionally, with the increase in length of the iPhone 5 screen, which is 176 pixels taller than the iPhone’s previous versions, marketers have now got an extra real estate for mobile display ads and landing pages, as it will reduce mis-clicks and increase interaction with an ad.

Apple’s Passbook patent (US 20120323664) disclosessystems, methods, and non-transitory computer-readable storage media for managing and redeeming electronic coupons on a mobile device. As per the disclosure, the invention may also cause a mobile device to generate an alert when it is at or in the vicinity of a location such as a retail store where an electronic coupon held by the mobile device may be redeemed. An alert may also be caused when the mobile device is used in a sales transaction at the location. The electronic coupons may be redeemed in a number of ways including scanning an image displayed on the mobile device, communicating with a wireless network, or through an integrated near field payment system offered by the location.

As may be seen therein, Apple’s patent FIG. 4 illustrates an exemplary embodiment of a paper coupon being entered into the user’s coupon wallet, FIG. 5 illustrates an exemplary coupon wallet graphical interface, while FIG. 6 illustrates an exemplary coupon reminder on a mobile device, and FIG. 7 illustrates an exemplary coupon stored in the user’s coupon wallet.

Earlier also, on 08/07/2012, Apple was granted apatent (United States Patent 8239276) for an iWallet related technology, which termed the application as “Shopping”. As per the contents of the patent, various shopping related transactions may be performed on an iPhone or any similar device. Some embodiments may be employed to identify a product and obtain pricing information relevant to retailers of the product within a specified geographical location. In another embodiment, an iPhone may be used to acquire pricing information for a shopping list of products.

This patent related to Apple’s "Shopping" app discloses that it may be advantageous to provide a system and method that allows consumers to quickly and easily obtain highly relevant shopping data, while also allowing retailers and manufacturers to send targeted advertising or other relevant product data to interested consumers. More specifically, it may be advantageous to provide a system and method of using an iPhone to distribute and receive shopping-related information.

As per the disclosure, various embodiments may also include a variety of features that make the shopping experience quick and efficient while allowing the consumer to hunt for a better bargain. Furthermore, several embodiments also allow the product manufacturers and/or retailers to distribute relevant product information to targeted consumers who are known to be, or who may be, interested in buying a particular product.

Mobile Apps and Patent Strategy

In light of the above examples of Apple’s patents and other similar patents filed by Apple and its competitors, it can be rightly said that patents are always a good strategic element for a mobile and web-based business, and the patent applications should always be planned and structured to best control the patents in the technology portfolio. Accordingly, devising a patent application strategy is always beneficial for startups and small businesses.

Generally, invention monetization strategies include licensing or sale of the technology, wherein the inventor conceptualizes the idea and may develop a prototype, and further protects the idea by way of one or more patents covering the various elements of the invention. Thereafter, the inventor can license or sell the patents to a company, which commercializes the invention.

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Doing Business in India | India Business Entity Types | India Business Guide

Posted by Rahul Dev on January 3, 2013

Article Source: http://techcorplegal.com/Blog_Technology_Law_Business_Research/2013/01/03/doing-business-in-india-india-business-entity-types-india-business-guide/

Doing Business in India | India Business Entity Types | India Business Guide

India at present is one of the fastest growing economies in the world. Globalization and liberalization have been facilitating the growth of India. Following is a tour of different business entities in India, their overview, advantages and disadvantages as well.

 

The business entities allowed by Indian Law are –

1. Proprietorship

2. Private Limited company

3. Public Limited Company

4. Limited Liability Partnership

5. Partnership firm

In addition to these entities, there are types of entities available for foreign investors having business in India –

1. Representative Office

2. Project Office

3. Branch Office

4. Joint Venture Company

5. Wholly Owned Subsidiary Company

PROPRIETORSHIP

In India, proprietorship is the most ancient form of business entity. Though it is the easiest form to set up but it is not suitable for each business type. Proprietorship does not need a formal registration but trade related licenses are necessary to obtain. This business entity returns with a limited growth by involving small risk, small growth and small capital. In comparison with other entities, this business provides less hardship on the owner and he is solely responsible of the authority. There are no laws differences between the business and its owner, both go hand in hand. This business is preferred among small traders like tailors, artists or even freelancers.

The major disadvantage of proprietorship is it has a limited growth, so it is less attractive to the investors or to the creditors.

PRIVATE LIMITED COMPANY

The companies act, 1956 defines the sustenance of the Private Limited Company. A Private Limited Company needs to get itself registered with Registrar of Companies (ROC). ROCs are located all over the country in different states and provinces, ones a business started in one state can be carried out all over India. The minimum funds required to get the company registered is INR 100,000. It might get increased at the time of additional stamp duty. A minimum of two members or maximum of 50 members as its shareholders are required by a Private Limited Company. The number of directors can also vary from two to twelve.

The shareholders are themselves legally responsible for the shares subscribed by them. The shares cannot be transferred to anyone except among the members. Shareholders possess fewer liabilities in comparison with the Director/Manager. A Private Limited Company is easy to set up relatively a Public Limited Company.

PUBLIC LIMITED COMPANY

The Company’s Act, 1956 holds the balancing terms of Public Limited Company. A Public Limited Company also needs to register itself with ROC. A Public Limited Company should have a minimum of 7 shareholders and the maximum number of shareholders is not constrained, whereas a minimum of three directors and a maximum of 12 directors are mandatory. The minimum funds required to get a Public Limited Company started is INR 500,000 and as the capital scores off INR 50 million, a company secretary should be hired.

The ownership and the management of the company are completely different from each other and do not play any role in each other’s work. Director’s having the majority play a crucial role in decision making.

Following are the important conditions which are necessary for the agreement of a Public Limited Company –

1. Before the allotment of shares it should be made sure that the outline of the Company is filed with the Registrar of Companies.

2. Before starting the Company, it is mandatory to have a certification of commencement of business from Registrar of Companies.

3. The Public Limited Company should have at least three Directors.

4. The members of the Company should file the basic legal report to the Registrar of Companies.

Deemed Public Companies

Some private companies are deemed to be private under section 43 (A) of Companies Act 1956, under the following requirements –

1. The average yearly upheaval of a Deemed Public Company goes up to INR 250 million.

2. Deemed Companies make advertisements to attract the customers, and by this step, it gets gold of 25% or more of the paid up capital.

Limited Liability Partnership (LLP)

LLP is a combination of incorporated company and partnerships. All the partners have the authority to manage the business directly. The main aim of a LLP is to target on profit and for this there is no restriction to the number of partners but it is necessary for at least one partner to hold Indian citizenship. They all can execute the legal business by filing the incorporated document to the Registrar. The capital required by the LLP is very less and the accounts are settled yearly with the Registrar by every LLP.

LLP is getting popular among small business as it provides limited liability among partners. LLP is being welcomed internationally as well and that is adding the advantages to it.

Partnership Firm

Indian Partnership Act, 1932 holds the laws of the Partnership Firm. Registration of a partnership firm is not mandatory; it solely depends on the partners. But if a third party comes in between, to take a legal action, registration of the firm is required. Partnership firm is based on the agreement between partners varying from two to twenty. Partnership firm allows the individuals such as doctors, management consultants, lawyers, etc to combine their resources and expand the business entity. At time of fulfilling the dues of the firms, the assets of the firm are used but the creditors can also demand for personal property of the partners. Retirement or death of any partner leads to the disintegration of the firm. A partnership agreement when stamped and registered is called “partnership deed”. Following are the points required to fulfil a partnership deed –

1. Name of all the partners.

2. Type of business.

3. Name of the firm.

4. Name of place where business is being worked on.

5. Role played by each partner.

6. Financial status of each partner.

7. Other terms related to the nature of business.

Partnership firm is an optimum setup for small scale business which only requires minimum capital and sources to manage the business. But partnership firm also have its own disadvantages like a) no concordant authority, b) restriction on transfer of rights, c) limited life, and many more.

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Starting a New Business in Singapore|Singapore Business Guide

Tech Corp International Consultants Pte. Ltd. is a Singapore based business consultancy company focusing on at entrepreneurs who are exploring to start a new business by incorporating a company in Singapore. Through a strong network of our business associates in Singapore, we provide a diverse range of services, including, Singapore company incorporation, accounting, tax, immigration and related compliance services. We assist our clients in incorporation of local Singapore companies, Singapore subsidiaries of foreign corporations and registration of Singapore branch offices of overseas companies, statutory administration of companies, accounting and tax filing for companies and individuals, application for work passes and permanent residence for expatriates, application for business licenses, and related corporate services.

Our Business Law Services: Company & Individual Representation, Business Litigation & Corporate Law, Business formation & Review of Business Formation Documents, Cyberlaw, New Media, & Internet/Technology, Entertainment, Sports, & Media, Contract Negotiation, Review, & Drafting, Intellectual Property (“IP”), Real Estate Transactions and Landlord/Tenant Disputes, Employment Law, Securities, Mortgage, Banking & Finance, Mergers & Acquisitions, Legal Malpractice / Ethics Violations / Company Policies / Website Terms & Conditions, Brand Identity & Positioning, Brand and Intellectual Property Licensing and Development, Compliance, Preparation of Business Plans, Business Process, Efficiency Consulting, & Outsourcing, Investment & Strategic Ventures, Project Finance & Management, Competitive Landscape Analysis, Right Time to Incorporate a Legal Entity, Finance, Funding & Venture Capital, Type of Entity: Company vs. Partnership vs. Sole Proprietorship, Right Location (Jurisdiction) to Incorporate a Company, Company Incorporation in India, Partnership, Sole Proprietorship & LLP in India, Setting up Liaison / Representative / Branch/ Project Office in India, Franchising in India, Licensing in India, Retail in India, Things to do Before Quitting a Job and Starting a Business, Selecting a Business Name, Branding & Trademarks, Shareholders & Stock Options, Tax Planning & Management, Employees, Interns, Human Resource (HR) Management & Labor Laws, Joint Ventures, Corporate Restructuring, Mergers & Acquisitions, Commercial Disputes, Litigation & Arbitration, Foreign Direct Investment & Foreign Exchange Regulations in India

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Doing Business in India | Incorporating Company in India | India Business Guide

Posted by Rahul Dev on January 2, 2013

Article Source: http://techcorplegal.com/Blog_Technology_Law_Business_Research/2013/01/02/doing-business-in-india-incorporating-company-in-india-india-business-guide/

Doing Business in India | Incorporating Company in India | India Business Guide

Although India’s economic growth is unlikely to cross 6 per cent during the current fiscal due to the global uncertainties, it is still an extremely attractive place for foreign investors due to its higher disposable incomes, rising middle class, investment friendly policies and progressive reforms.

To set up business operations in India, first step is to incorporate a company, which includes: obtaining director identification number (DIN), obtaining digital signature certificate, reserving the company name with the Registrar of Companies (ROC) on-line, paying stamp duties online, filing all incorporation forms and documents online and obtaining the certificate of incorporation. Thereafter, it is required to get the company’s seal made and obtain a Permanent Account Number (PAN). Based on the nature of business, it may further be required to obtain a tax account number for income taxes deducted at source (TDS). Subsequently, additional requirements may include registration for Value Added tax (VAT), registration with Employees’ Provident Fund Organization, registration for medical insurance (ESIC), and the like.

For incorporating a company in India, there is a series of steps required for incorporating a private or public limited company in India. These steps work according to the guidelines provided by The Company’s Act, 1956.

1. The very first step of formation for incorporating a company is to get the name of the company registered at the Registered of Companies (ROC) in the territory of the company’s registered office. The company’s name should not match any existing name. ROC at least takes a week from the date of registration of the name to assure that the name does not exist before. After the completion of this process, the company has to file a Memorandum of Association and Articles of Association with ROC itself. For a public company, the company’s name should end up with “Limited” and for a private company; the company’s name should end up with “Private Ltd”.

2. After submitting the Memorandum of Association and Articles of Association, ROC issues an incorporated certificate only after receiving a mandatory registration fees.

3. After these steps, the next main step is to get the address of the registered office. It is not mandatory for the registered office to be the same building from where all the work is being carried out.

4. Foreign companies need to fill up a FNV-5 form with the Reserve Bank of India to get the permission to start the manufacturing and trading activities in India without an Indian partner.

5. For incorporating a Public Company, a minimum of three directors and seven shareholders are required and for incorporating Private Company, a minimum of two directors and two shareholders are required.

6. After the registration and certification, each company needs to designate an Auditor. He has a very important duty to perform in the company. All the balance sheets, company’s documents and company’s meetings are scrutinized by him.

7. Every company should have an account book and written records of all the directors, shareholders and the employees. Account book takes care of all income, including profits and losses and the records register takes care of all the past and present work of the people associated with the company.

8. At last, each company should have a different logo, and a stamp of that logo which is imprinted on each written record and each written document of the company.

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Starting a New Business in Singapore|Singapore Business Guide

Tech Corp International Consultants Pte. Ltd. is a Singapore based business consultancy company focusing on at entrepreneurs who are exploring to start a new business by incorporating a company in Singapore. Through a strong network of our business associates in Singapore, we provide a diverse range of services, including, Singapore company incorporation, accounting, tax, immigration and related compliance services. We assist our clients in incorporation of local Singapore companies, Singapore subsidiaries of foreign corporations and registration of Singapore branch offices of overseas companies, statutory administration of companies, accounting and tax filing for companies and individuals, application for work passes and permanent residence for expatriates, application for business licenses, and related corporate services.

International Technology Business & Patent Law Firm in India: Patent Drafting, Patent Searching, Patent Filing in India, PCT National Phase Filings in India: http://www.techcorplegal.com/

Our Business Law Services: Company & Individual Representation, Business Litigation & Corporate Law, Business formation & Review of Business Formation Documents, Cyberlaw, New Media, & Internet/Technology, Entertainment, Sports, & Media, Contract Negotiation, Review, & Drafting, Intellectual Property ("IP"), Real Estate Transactions and Landlord/Tenant Disputes, Employment Law, Securities, Mortgage, Banking & Finance, Mergers & Acquisitions, Legal Malpractice / Ethics Violations / Company Policies / Website Terms & Conditions, Brand Identity & Positioning, Brand and Intellectual Property Licensing and Development, Compliance, Preparation of Business Plans, Business Process, Efficiency Consulting, & Outsourcing, Investment & Strategic Ventures, Project Finance & Management, Competitive Landscape Analysis, Right Time to Incorporate a Legal Entity, Finance, Funding & Venture Capital, Type of Entity: Company vs. Partnership vs. Sole Proprietorship, Right Location (Jurisdiction) to Incorporate a Company, Company Incorporation in India, Partnership, Sole Proprietorship & LLP in India, Setting up Liaison / Representative / Branch/ Project Office in India, Franchising in India, Licensing in India, Retail in India, Things to do Before Quitting a Job and Starting a Business, Selecting a Business Name, Branding & Trademarks, Shareholders & Stock Options, Tax Planning & Management, Employees, Interns, Human Resource (HR) Management & Labor Laws, Joint Ventures, Corporate Restructuring, Mergers & Acquisitions, Commercial Disputes, Litigation & Arbitration, Foreign Direct Investment & Foreign Exchange Regulations in India

Our Patent, Trademark & Legal Services:

Patent Searching: Worldwide Patent Searching, Patentability Search, Invalidation Search, Freedom to Operate/ FTO Search, Infringement Search, State of the Art Search, Patent Process and Support Services Outsourcing: Patent Drafting, Patent Illustrations, Patent PCT Filing in India: Patent Filing, Market Research before International Filing

Patent Prosecution and Patent Grant Services in India: Patent Prosecution in India, Preparing Response to Office Action, Post Patent Grant Services for Licensing Inventions: Patent Licensing, Licensability Analysis Patented Technology Commercialization Services for Individuals, SMEs, Companies: Patent / Technology Commercialization, Due Diligence & SWOT Analysis, Worldwide Trademark/ TM Searching and Filing Services: Trademark Searching, Trademark Filing, Trademark Prosecution & Licensing, Trademark Due Diligence, Legal Research, Process and Support services Outsourcing: Legal Research, Contract Management, Litigation Support, Patent Litigation Support, Medical Litigation Support

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