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Basic Development Legal Requirements |
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A.1 |
Execute confidentiality agreement prior to any confidential discussions with outside company details |
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A.2 |
Mark, handle and disclose proprietary information per strategy details |
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Phase 1 – Concept |
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1.1 |
Plan strategy for competitive analysis vs risks of competitive trade secret contamination. details |
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1.2 |
Develop patent and standards strategies. details |
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1.3 |
Clear code name for project. details |
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1.5 |
Evaluate availability of technology licenses required from other companies details |
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1.6 |
Compliance with regulatory/Industry/government standards (e.g Section 508) details |
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1.7 |
Start Export Control Planning. details |
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1.8 |
If joining standards body, adhere to legal requirements. details |
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Phase 2 - Plan |
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2.3 |
Submit request for Trademark clearance & registration. details |
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2.4 |
Complete export classification questionnaire. details |
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Phase 3 – Develop “Alpha” / working prototype |
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3.1 |
Follow-on Patent Review. Submit invention disclosures. details |
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3.2 |
Conduct patent review of technical documentation before external release (e.g. whitepapers, journal articles, sem.presos, technical publications). details |
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3.4 |
Before hiring consultant or contractor to develop any portion of product – use contract to control ownership of work for hire details |
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3.5 |
If downloading or using any opensource code or freeware obtain evaluation / advice details |
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3.6 |
Plan for OEM, Supply, Manufacturing agreements. details |
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3.6 |
Supplier Contracts Negotiated. details |
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3.7 |
Prepare Marketing Agreements / includes joint mktg efforts or 3rd party mktg involvement. details |
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3.9 |
Confirm export approval status. details |
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3.10 |
Contracts for backline customer support service, including contracts for vendor support and FRU repair` details |
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3.11 |
Incorporate Legal Notices into source code and splash screens. details |
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3.12 |
For software stacks/bundles review legal - service and tax issues involved. details |
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Phase 4 System Test “Beta” / “Production Prototype” |
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Validate that test module has licenses for third party technology details |
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4.2 |
Confirm Submission of Patent filings. details |
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4.3 |
Complete pre-release requirements for external testing of products. details |
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4.4 |
Confirm Trademark registration has been finalized. details |
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4.5 |
Incorporate legal notices in product literature / CD case / documentation / enclosure as required- including as applicable Software source and binary code, manuals docs, web pages, etc. details |
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4.6 |
Determine if Copyright registration is required. Copyright registration for strategic software. 8 weeks lead time. details |
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4.7 |
All inbound license, reviews and vendor agreements. Finalize Inbound Technology Agreements and Opensource/Freeware reviews, Complete license, supply, service, support and marketing agreement. details |
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4.8 |
Prepare listings and/or customer agreements All inbound license, reviews and vendor agreements. service, support agreements. details |
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4.9 |
Complete Due Diligence Review. Confirm right to release all technology incorporated into the product. Start at least 4 weeks prior to earliest of first external release/ BOM freeze /code freeze/ or documentation sent for internationalization / localization. details |
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4.10 |
Due Diligence Review of Company/3rd Party collateral used for Marketing. Includes demos CD or website. details |
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4.11 |
Finalize Pre-Release/Early Access License Agreements. PRLAs for external alpha or beta testing details |
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4.12 |
Complete Phase 4 export legal requirements. Apply for Export License for all destinations details |
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4.13 |
Apply for Export Control Clearance. Needed only for Non-US system test or Beta candidates details |
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4.14 |
Apply for Import Clearances. As needed for products using encryption. details |
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4.15 |
Finalize Supply & Manufacturing Agreement details |
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4.16 |
Finalize Marketing and Marketing related agreements. Joint Marketing, Porting, Benchmark and Testing Agreements details |
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4.17 |
Conduct Collateral Review and website content. details |
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4.18 |
Review privacy issues. Use of personal customer data. details |
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4.19 |
Cddress competitive / comparative claims in marketing.. details |
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4.20 |
Prepare Launch related standard agreements details |
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4.22 |
Prepare Agreements for 3rd party compatibility/ certification programs. details |
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4.23 |
Confirm Compatibility/ Certifications details |
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4.25 |
Resolve Customs Duties legal issues. Sale of new products or services. details |
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4.26 |
Resolve Service & Support legal issues. details |
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Phase 5 Customer Acceptance |
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5.1 |
Confirm all Patent filings have been completed. details |
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5.2 |
Finalize Trademark Clearances/Registration Confirm completion. details |
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5.3 |
Finalize and Integrate Legal Notices. Confirm incorporation into products and documentation. details |
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5.4 |
Finalize Product Release Due Diligence. Confirm completion and incorporate legal notices and license terms into product and documentation. details |
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5.5 |
Finalize Demo Product Due Diligence. Confirm completion. details |
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5.6 |
Finalize Inbound Agreements. All licenses, design, development, prototype, engineering services, supply and manufacturing agreements. details |
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5.7 |
Finalize Export Licenses and Clearances. Confirm completion. details |
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5.8 |
Finalize Marketing Agreements Confirm completion. details |
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5.9 |
Finalize product announcements details |
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5.10 |
Continue Collateral Review as needed. Ongoing. details |
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5.11 |
Finalize Substantiation of product claims. details |
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5.12 |
Finalize Integrated Stacks or Bundle Requirements. details |
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5.13 |
Finalize Competitive/Comparative Marketing Issues. details |
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5.14 |
Finalize Services Legal Issues. details |
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5.15 |
Post supplemental license terms.. details |
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5.16 |
Does product require modification to standard sales / sales licensing agreements. details |
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5.17 |
Finalize Early Access Agreements or Service Pilot agreement details |
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Phase 6 Deploy |
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6.2 |
Evidence of Use of TM. Provide evidence of use of registered Trademarks. details |
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6.3 |
Finalize Copyright Registration Application (if required). details |
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6.4 |
Continue Collateral Review as needed. details |
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6.5 |
Finalize Launch Related Agreements. details |
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Phase 7 Sustain |
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7.1 |
Notify Patent review for technical modifications details |
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7.2 |
Negotiate necessary in-bound license amendments for product refreshes. details |
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7.3 |
Negotiate new Supply & Manufacturing Agreements for product refreshes details |
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7.4 |
Update Product Release Due Diligence for product refreshes and demonstration releases details |
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7.6 |
Incorporate legal notices and licenses as needed for updated product releases. details |
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7.7 |
Seek legal guidance regarding quality issues as needed. details |
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7.8 |
Comply with export legal issues for product refreshes and updates. Update Export Licenses and Export Control Clearances. details |
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7.10 |
Legal plan for “end-of-life” details |
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7.11 |
EOL External customer letters and announcements. details |
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7.12 |
Anticipate supplier financial difficulties, bankruptcy, mergers and acquisitions. details |
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Phase 8 End of Life / Retire |
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8.1 |
Confirm notification of EOL details |
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8.2 |
Trademark EOL. details |
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8.4 |
Terminate license agreements as needed, so notices can be given as required. details |
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8.5 |
Anticipate Supplier Claims. details |