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The only constant in the world is change. We see it all around us. In the seasons that the planet experiences to the pace at which technology develops replacing the old and making it obsolete. Our world as we experience it today is a result of history. There are many aspects that shape our world, some of the prominent factors being climate, war, economy, peace and prosperity - all of which are linked intrinsically to the way in which a country or economy grows. When an economy does well because natural factors are aligned in its favor, it flourishes. And with it, flourish the lives of the people that belong to that economy. It is better able to command itself over fellow economies and mould the trade systems of the world in its favor. The collective and majority will of its people can reach beyond its borders. As a result, the laws it develops not only help it prosper but ensure that its impact is felt all around the world.
When I started negotiating my first technology contracts in 2007 - based out of Bangalore, India, I found myself looking at contract clauses and concepts which I hadn’t studied at my law school in India. Our in-house department fought tooth and nail to secure a favorable “Limitation of Liability Clause” but ironically, when I tried to check the jurisprudence on the topic in India - I came upon zero cases. This rather alien concept had come across from the Silicon Valley in the US and today sits in every one of our technology contracts. We had chosen to take templates that originated in the Silicon Valley, tweak a few clauses on jurisdiction and governing law, and insert references to local legislations on intellectual property law and we had our very own Indian technology contracts.
This story is from the December 2019 edition of Legal Era.
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This story is from the December 2019 edition of Legal Era.
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