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Several of our partners have advised on the issues and drafting of rules under the Indian Information Technology Act, 2000 and our consultants and lawyers are in a unique position to provide the relevant expertise in this emerging area of law. Some of our partners also advise various law enforcement agencies on various aspects of cyber crime and cyber crime investigation.

1. Technology Transfer Agreements

Technology transfers require approval from either the Reserve Bank of India (“RBI”) or the Secretariat of Industrial Assistance (“SIA”), depending upon the nature of the technology being licensed. Except for products reserved for the small-scale industries sector and those requiring an industrial licence, the Indian Government welcomes foreign technology through technology transfer agreements. In addition to advising on the regulatory framework and drafting various agreements, we liaise with various Government bodies such as the RBI, SIA and the Foreign Investment Promotion Board (“FIPB”) to obtain the necessary clearances.

2. Convergence Technology & New Media

The digital revolution and an era of convergence technology have created exciting business opportunities for companies in the software, Internet, entertainment, mass media, digital media, film, music, video, computer, wireless and telecommunications industries, as well as for consumer product and financial services companies.

Our consultancy in this new field includes:

  1. Intellectual property protection such as: patent, copyright, trademark, advertising, and related unfair trade and unfair competition.
  2. Website development, hosting, co-location and telecommunications contracting.
  3. Site affiliation and linkage contracting.
  4. On-line contracting, including issues surrounding authentication, signatures, record retention, and the multi-state and multi-national implications of electronic commerce.
  5. Hardware and software licensing and distribution agreements and outsourcing agreements, and technology transfer agreements.
  6. Taxation of e-commerce transactions.
  7. Issues surrounding Internet fraud, fraud prevention and detection.
  8. Employee contracts and non-competition covenants and related issues.
  9. Jurisdictional issues involved in e-commerce transactions.
  10. Employee issues involving use and abuse of communication technologies.
  11. Export licensing and controls.
  12. Business defamation and free speech issues.
  13. Mergers, acquisitions of e-commerce businesses.