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Re: International Licensing


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Posted by M. Arthur Auslander on January 21, 2000 at 04:40:46:

In Reply to: International Licensing posted by Norman R. Farnhill on January 20, 2000 at 18:36:03:

: First I accept that I am naive concernig what i am intellectually trying to talk about. The company I represent (Life Line Water Company) has several patents already approved. You may see what they do by addressing lifelinewaterco.com (you may have to try several search engines to get it) We believe that our patented technology allows the delivery and storage of potable water for extended periods of time, is needed around the world.

: In the begining of the patent process, we had neither deep pockets nor expertise. We did not file in any foreign countries, nor did we file the application that must be filed within one year stating we intend to file in other countries by naming them.

: Having said that here is the problem. Currently we have great interest from many countries. The one we would attempt to work with first is Idia.

: What does your expertise say as to how we should proceed. It is our desire to sell the equipment at a little over cost and receive a license fee for each gallon of water sold. Is it possible to make contracts with individual in India and expect they willk abide by the licensing agrement and if not how can I make this thing work?

: Norman R. Farnhill
: thetaxdr@gtii.com
: 231-946-6445
: fax 231 946-2488

: Any direction would be appreciated, as it it is currently 8 degrees F out with two feet of new fallen snow I would even welcome the first place you thought to tell me to go to....
Local Counsel is India, would be a start. It looks like you have a product that have value in India even though you have not patent there. There is know how and possible trade secrets that may give advantage with a local patent. My gut says get as good price for youself in advance and an agreement to maintain or something like that so that you also get paid for continuing service. It is important for you not to let them get ahead of your. Dollars are hard to come by in India. Be in short on cash is always a problem but it pays to spend to know what you are doing and how to do it. Early legal advice is not expensive. It looks like you have given a lot already. Don't let this get further out of hand becauce of money. The big firms may be too rich for your blood and there may be many small firms that just don't know no matter what they charge.
M. Arthur Auslander
E arly L egal A dvice I s N ot E xpensive
ELAINE's Workshop (sm):
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com


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