International Visiting Associate Program (IVAP)

Report by Sunita Jagtiani - 2006

I would like to thank ITechLaw, the host firms (and their staff) of the ITechLaw India Traveling Fellowship Award program for the time, planning, effort and care they have invested and their tremendous hospitality and my boss Mrs Cj Ortega, and my team-mates from ACS for their unstinted support in allowing me the time off to attend this program.

With Oosterbahn & Van Eeghen in Amsterdam, The Netherlands, I learnt about the way the EU and Dutch courts work, the differences between Regulations and Directives and I was given plenty of study material. I drafted a panel decision for an ADR on a domain name registration case which EURid had rejected under the Sunrise rules. I read thru a complicated infringement claim by a company including studying the law for protection of computer software with particular emphasis on the rights of the licensees to carry out error corrections and whether third parties could provide error correction and/or maintenance services and studying private international laws. I also studied the law of Data protection under Dutch law. I stayed with Mr Dinant Oosterbahn and his wife, Marie-Anne in their beautiful home. They took me to Haarlem, Eindhoven & Noord and Hague and treated me to a Mahler recital.

With Dr. Widmer & Partners in Berne, Switzerland, I was given an Indo-Swiss agreement to review and commented on the steps to be taken to improve enforceability of a contract in the Indian context. I re-drafted an OEM agreement for integrating a customer’s software into another software. I drafted an FAQ document on Escrow Agreements for source code and the risks arising if a party submitting a source code for escrow undergoes liquidation. I also reviewed and re-drafted a Software License agreement for and discussed the same with a software vendor. Numerous outings were organized in Bern including a multi language Mozart opera and a beautiful trip to Mt. Schilthorn and the fascinating cities of Lucerne, Thun and Gruyere.

With Lovells in Munich, Germany, I had the opportunity of reviewing an acquisition thru purchase of shares of a local software development company by a US based company including reading thru the documents available in the Data Room and the Due Diligence report and reviewing the Share Purchase Agreement. I also reviewed a sub-contracting agreement for hardware manufacture and re-drafted a Master BPO agreement. The highlights of the Munich stay were the visit to the Oktoberfest and the traditional launch procession.

With CMS Hasche Sigle in Hamburg, Germany, I reviewed and commented on an outsourcing agreement sent by the outsourcer, read through a software development and maintenance sub-contract and read the European block exemptions on vertical agreements and technology transfer agreements in connection with sale of a technology company and a re-assessment of its reseller agreements. I also read articles on hybrid open source software, data protection laws in Germany and the validity of Open source license. I took the opportunity provided by a week-day holiday to visit Berlin and was invited to spend the weekend at Luneburg where I attended a Bach concert.

My bags and my heart are bursting at the seams with all the wonderful memories of this trip. I would like to sincerely thank ITechLaw and all the people who have made this truly a once-in-a-lifetime experience, above all Dr. Ursula Widmer, member of ITechLaw’s Executive Committee and chair of the TFA program India and Europe.