Bengaluru | 13 Sep, 2016 (2 years, 10 months ago)

Contracts and Legal Documentation

which are the legal or financial things to be taken care of, for a startup?

Hello, We are a mobile application startup for schools.In this regard, we would like to know,about the privacy policy,terms and use,financial or legal issues and copyrights,trademarks and patents where are they applicable in mobile application and website software.It would be very helpful,if you can respond on this. Thanks, Vijay.
Answers

Dear Vijay,

We understand that you are engaged in the development of the Mobile Application for schools (“App”) and wish to obtain a general understanding of the requirements to be complied by you pursuant to your business. In light of the same, please find below a brief response to the specific queries raised by you :

1. Privacy Policy and Terms of Use:

As per the applicable laws any body corporates or any person who on behalf of the body corporate collects, receives, possesses, stores, deals or handles personal information shall provide a privacy policy. In light of the same, such privacy policy shall be required to be published on the App. Generally, the privacy policy provides for the manner in which such personal information, including sensitive personal data is handled or dealt with by the App and should be available for the viewing of the persons who provides such data under a lawful contract.

Further, the Terms of Use shall also be in published on the App. Generally, the Terms of Use provides for, including but not limited to, a detailed description of the functionality of the App and underlying services, products and offerings, general disclaimers, and App specific disclaimers depending on the nature of the App. The Terms of Use also provides for the underlying content/offerings which establishes the ownership rights of the owner of the App in and to the applicable content and offerings featured on the App, limits the liability of the App owner in connection with the App and its content/offerings, applies restrictions on end-user conduct by and through the App, establishes payment terms (if any) and sets forth the terms for dispute resolution including choice of law and arbitration provisions.

2. Intellectual Property:

Intellectual Property in India includes trademarks, copyrights and patents. Early identification and obtaining registrations is a key for driving higher, value of the business of any e-commerce enterprise.

In light of the same, it is advisable that you obtain a trademark registration under the trademark laws of India for the logo, name and other specifications of the App to enable the owner of the App to ensure that no third party shall use the same trademark for any other business by making inconsequential additions or deletions.

In addition, a copyright registration under the applicable copyright laws can be obtained for the source code of the software of the App which will enable you to protect your rights towards it.

Further, the applicable patent laws of India govern invention of a new article, process and method subject to certain conditions as provided in statute.

We have provided you with the basic guidelines for your reference. Do reach out to us for any further information and clarification in this regard.


14 Sep, 2016 | 20:01

To correctly appreciate the various legal issues involved, it would be important to know in detail about the mobile application, it functioning, purpose, etc. Since you would be aiming at school children who would be minor, the issue of entering into a contract with them and making them pay for the application (if you would charge) would certainly arise and would be a big issue. Depending on whether you collect personal information, it is important and advisable that you do include a privacy policy and terms of use which are prominently visible. Being the developer of the application, you definitely will have IPR issues involved such as claiming copyright and trade mark. Though not compulsorily registrable, it is advisable that you register your IPR so as to claim a better protection.


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