Advocate Arjun Narayan

Questions Answered by Advocate Arjun Narayan

Q: Does “retained” rights pose a risk to the intentions of a licensee

I am an LLC owner in the USA who is licensing IP to a company in india. The IP was originally owned by a University and has now been assigned to myself. The assignment agreement, assigning rights to me states “entire right title and interest” are assigned from University to me. Yet University retains rights to “education, research and patient care at the University” are retained by the University. I do not believe that these “retained” rights should be problematic for my licensee in India who is being given my full right to “product development, manufacture, commercialize”. My licensee is concerned about “parallel” rights held onto by University. Can you confirm that these “retained” rights pose no risk to the intentions of my licensee in india?

Advocate Arjun Narayan answered
Providing such a confirmation, would amount to tendering legal-advise. This is something that I avoid doing, without studying the relevant underlying records. The following does not, therefore, constitute legal-advice: “Retained Rights”, in my opinion, would, possibly, only present itself as a problem - if: (a) the prospective licensee is made unaware (of their existence); and (b) the scope of this license/ its verbiage/ your representations, when read in isolation, offers exclusivity, on such subjects that would, otherwise, fall within the purview of those “Retained Rights” as well. What is important for you to appreciate, is that your license-agreement shouldn’t deal with such (retained) rights from the standpoint of what is practically foreseeable; but, instead, should deal with such rights from the standpoint of what is legally-tenable. I work on such agreements routinely and encourage you to reach out to me through Lawrato - to take this conversation forward.

Q: What if the insurance gets cancelled due to a mistake in document

My father's mediclaim was denied stating the I have not disclosed that he has hypertension. Actually policy is 2 years old and my father has bp from last 13 months, however hospital mistakenly mentioned it as 13 years and they canceled claim. Please suggest what I can do in this case.

Advocate Arjun Narayan answered
I would need to study the policy-terms (and your disclosures), before tendering legal-advice. Having said this, your problem, at first blush, is one that may require the consumer courts intervention - if the insurer cancelled your father’s policy, despite being made aware of the facts (and those facts being substantiated, within reasonable time, with appropriate supporting records). I think that I can help you through this, and request you to reach out to me through Lawrato. I look forward to being of help.

Q: Received mail for copyright infringement what to do

We are a small bakery. Received a mail from a international shoe/apparels brand owner that we have used their logo in our cake. Does it come in copyright infringement? If yes then how can we resolve this issue as we were not aware ?

Advocate Arjun Narayan answered
Yes, this claim could potentially invite legal-proceedings against you/ your company/firm, for copyright and/or trademark infringement and passing off. This, needless to say is subjective. I would, therefore, need to review the cease and desist notice that you have been served with (ie the email) and study the nature of protection that the claimant (your opponent) has secured under law - to guide you meaningfully on this matter. Please ask Lawrato, to put you in touch with me, for taking this conversation forward. I often advise my clients on such issues and look forward to being of service to you.

Q: Compliance to follow after a breach of contract

we have signed contract with one datacenter for services, but in testing phase we found that bandwidth given to us for email services is very less, now to increase the bandwidth Data Center is asking for money. Since already we are paying them amount which is more then our other datacenter vendors. So we want to exit the contract. Now can somebody help me what are the compliances that my firm owes as per contract one month notice is needed, but we are start ups we cannt pay for one month without fulfilling of requirement. So we are feeling that we are forged by Datacenter, since we clearly mentioned our requirement then why they had offered us bandwidth of 3Mbps, when they have experience, they know that this bandwidth will not be useful to us. When now we want to exit the contract they say that they will take legal action etc. But I exited, we have no pending liabilities and dues, we have paid all our dues for services used. But they want us to pay for one month as we are exiting.

Advocate Arjun Narayan answered
It wouldn’t be responsible on my part to tender legal-advise, of any kind, without studying the underlying agreement that you/ your firm/company has with this Data Center. Please ask Lawrato to put you in touch with me, to take matters forward. I look forward to being of help.

Q: Procedure to file a writ petition on the behalf of my brother

Sir/Mam I want to file a writ petition on behalf of my brother in SUPREME COURT for illegal detention by a police officer in delhi

Advocate Arjun Narayan answered
This is a matter that requires a proper consultation with your lawyer - to understand your needs and the context of your question. Feel free to get in touch with me, through Lawrato, if you do not already have one. I would be happy to help.