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Vol. 2 (2006)

Outsourcing In India: Practical Approaches To Intellectual Property Issues From The Indian Company Perspective

Wilburn L. Chesser & Steven A. Cohen

International outsourcing transactions by their very nature require some understanding of the laws in multiple jurisdictions on a variety of subjects, including contract law and intellectual property rights law. Such an understanding becomes especially difficult if the systems of law are very different from each other, but it is required nonetheless to ensure that both parties are fully aware of the best ways to avoid liability and maximise their own benefits from the transactions. This article takes the familiar example of US companies outsourcing to India and discusses what the Indian company should be aware of in the context of the intellectual property issues involved, as well as the tactics it can use to maximise the market.


Partner, Arent Fox LLP, Washington D.C.; B.A. ’86, University of Pennsylvania; J.D. ’93, University of Maryland School of Law. ** Partner, Arent Fox LLP, Washington D.C.; B.A. (Hons.) ’92, Johns Hopkins University; J.D. ’95, New York University School of Law.

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