Latest Services https://www.indianlegalconsultants.com Latest Services Sat, 16 Nov 2019 23:52:00 +0530 en-us https://www.indianlegalconsultants.com PCT Filing https://www.indianlegalconsultants.com/pct-filing.htm https://www.indianlegalconsultants.com/pct-filing.htm Thu, 10 Sep 2015 00:00:00 +0530 PCT is the acronym of Patent Cooperation Treaty. It is a sister Treaty of the Paris Convention administered by the World Intellectual Property Organization (WIPO). PCT Filing Procedure https://www.indianlegalconsultants.com/pct-filing-procedure.htm https://www.indianlegalconsultants.com/pct-filing-procedure.htm Tue, 10 Sep 2019 00:00:00 +0530 A PCT application means a patent application under patent cooperation treaty. The due date for a PCT application to enter into national phase is different in different countries. In most of the designated countries the due date for a PCT application to enter into national phase is thirty months from the priority date whereas in India the time limit is thirty one months from the priority date. A PCT application must clearly specify the name, nationality and address of the applicant, title of the invention, and background of the invention, method of invention, description of drawings, claims, abstract and various other requisites of a PCT application. The PCT application should be drafted specifically as per the rules and regulations governing patent law in various member countries. The forms to be submitted along with the complete or provisional specification should contain detailed information pertaining to the patent application in question. The statutory fees for filing a particular PCT application into national phase are different in different countries. In India, it is determined on the basis of number of priorities, number of claims and number of pages. If none of the above fulfills the criteria laid down by the Patent Act to determine the statutory fees of a national phase patent application than the basic statutory charges are Rs. Four thousand. It is to be noted that a PCT application can be signed only by a patent agent authorized by the government in this regard. Thus a PCT application should be drafted properly before it can be considered for registration. PCT Filing Requirements https://www.indianlegalconsultants.com/pct-filing-requirements.htm https://www.indianlegalconsultants.com/pct-filing-requirements.htm Tue, 10 Sep 2019 00:00:00 +0530 A PCT application into national phase has to be filed in the designated states within 30 months from the priority date. However in India it is 31 months. A PCT application must be drafted in a manner as prescribed by the rules and regulations governing patent law in different countries. A PCT application must contain the following requisites namely the title of the invention, Method of invention, Background of invention, description of drawings (if any), claims, figures(if any) and abstract. The patent application must be filed after consulting a patent agent or attorney skilled and experienced in this regard. The various forms to be submitted along with a PCT application are Form 1(application for grant of patent), Form 2(provisional/complete specification), Form 3(statement and undertaking) and Form 5(Declaration as to inventorship). These forms should contain each and every detail concerning the patent application in question. A PCT application may also be accompanied with a copy of WIPO publication, a copy of international search report, copy of written opinion of the international searching authority (PCT/ISA/237), copy of notification of the transmittal of the international search report and the written opinion of the international searching authority, or the declaration (PCT/ISA/220) and various other documents pertaining to the same, although it is not compulsory to submit these documents at the time of filing. The statutory fees of a PCT application is determined on the basis of number of claims(more than ten), number of priorities and number of pages(more than thirty). If none of the aforesaid requisites is available to determine the statutory fees of the captioned application than the fixed statutory fees of Rs four thousand shall be charged by the patent office. PCT Filing Timeline https://www.indianlegalconsultants.com/pct-filing-timeline.htm https://www.indianlegalconsultants.com/pct-filing-timeline.htm Tue, 10 Sep 2019 00:00:00 +0530 PCT means Patent Cooperation Treaty. A patent application filed under this treaty is required to be filed in most of the countries who are party to such treaty. The time line to enter into National phase is different in different countries. In most of the countries the due date to enter into national phase is 30 months from the priority date. The priority date is either the International filing date or the date when the application is filed in any of the convention country whichever is earlier. However in India the time period for a PCT application to enter into National Phase is 31 months. It is to be noted that a national phase application should contain all the requisites namely complete or provisional specification, title of the invention, field of invention, description of drawings, claims, an abstract etc. A patent application under National phase has to be drafted properly so that it can be preceded smoothly. The statutory fees of filing a patent application is determined on the basis of number of priorities, number of pages and number of claims. If nothing is there in the patent application than the basic charges for filing an application is four thousand rupees. Thus it is extremely essential that a patent application should be drafted from a technical expert who is well versed with the field of invention and as per the requirements of the Patent Act of 1970. PCT Registration Services https://www.indianlegalconsultants.com/pct-registration-services.htm https://www.indianlegalconsultants.com/pct-registration-services.htm Tue, 10 Sep 2019 00:00:00 +0530 Registration a PCT Application The PCT applications may be filed either in an approved Receiving Office or directly at the International Bureau at the WIPO in Geneva. The PCT applications usually claim priority from an ordinary patent application, but they may also be filed direct. On filing a PCT application, applicants must designate the countries in which they wish to retain the option to file a patent application. There is a fee per country designated up to the first 5 and after that any number of further countries may be designated without fee. It is also possible to designate multi-country regional offices such as the ARIPO or EP (European Patent Organization). International Phase and National Phase PCT has two phases, an international phase when they are international applications in the International Bureau, and a national phase when they are converted to national patent applications in the designated countries of interest. During the international phase, the designated International Searching Authority (a Patent Office authorized by WIPO) conducts a patent search and an International Search Report is provided within around six months of filing to assist the applicant in deciding whether or not to proceed with patent protection. The International Bureau also publishes the patent specification. Chapters I and II of the PCT The PCT is divided into two Chapters, Chapter I and Chapter II. Chapter I requires that within either 20 or 30 months of the earliest priority date, (depending on whether or not the country concerned has adopted the most recent amendments to the PCT Treaty), the applicant must enter the national phase, that is, file patent applications in any one or more of the countries initially designated Chapter II allows 30 months from the earliest priority date for entering the national phase and also requires a designated International Preliminary Examining Authority (authorized by WIPO to conduct international examinations) to conduct a non-binding substantive examination of the patent specification to determine whether it meets the requirements for patentability. Please note that, certain designated Offices have fixed time limits expiring even later than 30 months, or 20 months, as the case may be. For regular updates on these applicable time limits, refer to the PCT Gazette; a cumulative table is also available at WIPO's Internet site (www.wipo.int ) Entry into the National Phase The national phase is the second of the two main phases of the PCT procedure. The national phase starts only if the applicant files applications in each country of choice (the designated Office ) just as a usual application would be filed, either before the expiration of the time limit or together with an express request that it start earlier. The applicant has sole responsibility for performing the act in due time. The consequences of failure to do so are fatal to the application in most designated States. In each such designated State the international application has the effect of a national (or regional in the case of regional offices) application as from the international filing date, and the decision to grant Advantages of the PCT System The PCT system allows applicants to file a single patent application in one country and for up to 30/31 months retain the option of filing a corresponding application in a large number of other countries of interest. The PCT system can therefore be thought of as an extension of time for filing patent applications world wide at substantially reduced prosecution costs. Furthermore, one can usually tell from the International Search Report and Written Opinion, what the chances are of obtaining patent protection in the other countries. If there appears to be no prospect of obtaining a patent, the international application can be abandoned whereby the applicants lose only the cost of filing a PCT application instead of a much greater cost of filing applications in every other countries of interest. Also, the applicants get 18 months more to test the market to determine whether to proceed with patent applications and indeed to raise capital to fund the filing of regional/national phase applications. PCT National Phase Entry in India On September 7, 1998 India (country code: IN) deposited its instruments of accession to the Paris Convention for the Protection of Industrial Property and to the Patent Cooperation Treaty. Since December 7, 1998, it has been possible to designate India in PCT applications and to elect India in the demand for preliminary examination. If India is a designated country in the PCT application and is also elected in the demand for preliminary examination filed within 19 months of the priority date, then the deadline for entry into the National Phase in India is 31 months from the Priority Date. If the applicant does not so elect India in the demand for preliminary examination, then the deadline for entry into the National Phase in India is 21 months from the Priority Date. Therefore, all applicants who have designated India in their PCT application filed on or after December 7, 1998, will be able to file PCT National Phase applications in India. PCT Registration Requirements For National Phase Filing of a PCT Application in India, the following information/documents are required: The Specification including drawing figures as published in the PCT Gazette; [Verified English translation of international application, if not in English]; International Search Report; International Preliminary Examination Report (if India is elected for using the IPE results); The PCT Request; Form PCT/IB/304(Notification Concerning Submission or Transmittal of Priority Document); Certified Copies of the Priority Documents, if available (can be filed later); Particulars of amendments made to the specification/claims during the PCT International Phase; [Verified English translation of amendments filed during the international phase]; Details of Priority Application(s); Details of corresponding foreign applications filed; and Power of Authorization (can be filed later). Please note : Indian Patent Office is flexible once national phase application is remitted in time. In other words, if the national fee is paid in time with complete specification and drawings, a filing number will be allotted by the Patent Office. Thereafter, the applicant is allowed to make any additions or amendments in conformity with the international application and additional documents can be submitted. Trademark Services https://www.indianlegalconsultants.com/trademark-services.htm https://www.indianlegalconsultants.com/trademark-services.htm Tue, 10 Sep 2019 00:00:00 +0530 We feel immense pleasure to introduce ourselves as India's leading legal trademark consultant, who is specialized in providing trademark registration services in India. Trademark Registration https://www.indianlegalconsultants.com/trademark-registration.htm https://www.indianlegalconsultants.com/trademark-registration.htm Thu, 10 Sep 2015 00:00:00 +0530 Trademark Registration is becoming very essential for business entities around the world as more and more firms are coming up each day in a market with fierce competition. Trademark Registration in Meghalaya https://www.indianlegalconsultants.com/trademark-registration-in-meghalaya.htm https://www.indianlegalconsultants.com/trademark-registration-in-meghalaya.htm Tue, 10 Sep 2019 00:00:00 +0530 We feel immense pleasure to introduce ourselves as India's leading legal trademark consultant, specialized in providing Trademark Registration in Meghalaya. Our experienced team is expert at solving all types of matters related to trademark registration process. For Trademark logo registration services, we require information about the trademark, name of the applicant, contact numbers etc. In order to proceed for Trademark Registration in Meghalaya, please fill up the below inquiry form or contact us on the mobile number given on right corner on the top of this page. Trademark Infringement https://www.indianlegalconsultants.com/trademark-infringement.htm https://www.indianlegalconsultants.com/trademark-infringement.htm Tue, 10 Sep 2019 00:00:00 +0530 Infringement of a Trademark alludes to the usage of an organization's / individual / s trademark in different ways. It amounts to trade rights violation without authorization by the trademark owner or licensee. It can have disastrous consequences on the business of an organization where the defaulter benefits by confusing / misleading the consumers regarding identification. In such a scenario, the trademark owner files a case for Trademark Infringement under the requisite Act. We provide all the services about Brand Name Trademark Registration Services in India and worldwide. To get our assistance, feel free to contact us through e-mail or phone. It exists in several forms : Same name or similar sounding name (phonetic similarity) Usage of similar looking symbols / logos Same combination of shapes and colors Trademark dilution Counterfeit marks Infringement can also exist in the case of unregistered trademarks and in such cases, the company which had started using the trademark earlier is favored. There have been several cases where counterfeit products were being sold on the basis of using an established companys brand name but there have been cases where the defendant was not aware of the plaintiffs trademark at all. The party which has been accused may appeal against the ruling if it manages to establish a legitimate exception or defense against the infringement. It can also defend it self by attacking the other company for non-use of their trademark and so on. We provide all the services about Brand Name Trademark Logo Registration Services in India and worldwide. To get our assistance, feel free to contact us through e-mail or phone. Trademark Attorney https://www.indianlegalconsultants.com/trademark-attorney.htm https://www.indianlegalconsultants.com/trademark-attorney.htm Tue, 10 Sep 2019 00:00:00 +0530 A Trademark Attorney is a vital requirement of the Trademark Registration process who provides proper consultation and assistance in registering a trademark as well as handle other processes related to trademark handling. A Trademark Attorney has expertise in handling all the issues regarding trademarks. He/she is responsible for selection of a new trademark, renewal of an existing trademark, dealing with the cases regarding Trademark violations. Trademark Attorney in India offers advice and guidance to companies on selecting a new trademark. Trademark attorney, not only deals with any opposition effectively and efficiently, but also they give solutions for trademark revocations. Trademark attorneys are specialist legal professionals qualified to advise customers about protecting and enforcing their trademark rights. Trademarks are used to identify a person's or company's products or services and may take several forms, including logos, shapes and company names. A trademark attorneyâ��s responsibilities extend to the following : Registration of the Trademark Searching for existing applications Filing the clientâ��s application Check status from time to time Registration renewal Dealing with Infringement cases Protect the interests of the clients Provide legal consultation Taking action against violators Deal with the disputes arising thereof Federal Trademark Application https://www.indianlegalconsultants.com/federal-trademark-application.htm https://www.indianlegalconsultants.com/federal-trademark-application.htm Tue, 10 Sep 2019 00:00:00 +0530 Federal Trademark Application is a process by which a company or an individual obtains legally registered trademark for their company, brand or products. The Application for obtaining Federal Trademark involves several legal steps that are facilitated by complex trademark legislations. The process of obtaining a Federal Trademark involves : Filing of Application Allotment of Application number Data Entry Examination of the Data Dispatch of Examination Report Journal Publication Awaiting of Opposition from third parties If no opposition then acceptance of Trademark Registration Some of the obvious advantages of filing Federal Trademark Applications Helps in the physical origin of goods and services. Acts as a seal of authenticity for the brand. Assists in identification of the as well as goods and services. Stimulates further purchase. Serves as symbol of loyalty and affiliation. Acts as a life style or fashion statement. With the increasing importance of trademarks in controlling duplication and copying of brand names and marketing of pirated goods, the relevant government authorities have liberalized the procedure by which applications for Federal Trademarks can be filed and registration can be done. Companies and organizations can also avail legal assistance from attorneys who specialize in application, registration and protection of trademarks. Trademark Application Process https://www.indianlegalconsultants.com/trademark-application-process.htm https://www.indianlegalconsultants.com/trademark-application-process.htm Tue, 10 Sep 2019 00:00:00 +0530 Indian Legal Consultant is India's well known Trademark legal consultant. Our experienced team in the field assist you the Trademark Application Process right from the beginning till getting the Trademark Registration. Kindly send us e-mail to get our assistance. We provide Trademark Registration Services for all the states of India and all the countries as given below :- India: All indian states like Andhra Pradesh, Arunachal Pradesh, Assam, Bihar, Gujarat, Haryana, Meghalaya, Mizoram, Nagaland, Tamil Nadu, Maharashtra, Tripura, Chhattisgarh, Goa, Himachal Pradesh, Jammu and Kashmir, Jharkhand, Orissa, Punjab, Delhi, Madhya Pradesh, Kerala, West Bengal, Uttaranchal, Karnataka, Uttar Pradesh, Manipur, Rajasthan, Sikkim etc Worldwide: All Countries including China, Vietnam, Hong Kong, South Korea, Philippines, Japan, Saudi Arabia, Kuwait, Nepal, Thailand, Sri Lanka, Taiwan, Pakistan, Bangladesh, United Arab Emirates (UAE ), Turkey, Iran, Malaysia, Indonesia, Singapore, Afghanistan , Europe's Countries including United Kingdom ( UK ), Italy, Germany, Spain, Russia, Ukraine ,Americas's Countries including USA, Brazil, Canada, Mexico, Argentina ,Oceania's Countries including Australia, New Zealand,Africa's Countries, Egypt, South Africa, Benin & Worldwide. Trademarks are termed as the legally registered logo of a business enterprise that helps in creating unique identity for the organization and the products or services offered by us. The increasing importance of Trademarks in business world has aggravated the Trademark Application Process with several companies applying for it at the sometime. However being an Intellectual Property Right, the registration and application process of Trademark involves several legal procedures. Generally companies hire, legal attorneys to offer legal assistance to them in the application process for trademark registration process. The basic Trademark Application Process requires one to submit an application form with following information : Full name, address & nationality of applicant / business organization Details of the company registration and Nature of Business of the Company applying for the trademark Type of commodities the company deals in Use of the commodities offered in respective industries The general application process for Trademark involves following steps : Firstly, decide what you want to trademark. File your application. Register your trademark Consider a trademark Wait for Opposition Get registration for trademark Keeping in mind the recent increase in the Trademark registration process, the government authorities have simplified the registration and application process and has even made it more transparent compared to others. Trademark Logo Registration https://www.indianlegalconsultants.com/trademark-logo-registration.htm https://www.indianlegalconsultants.com/trademark-logo-registration.htm Tue, 10 Sep 2019 00:00:00 +0530 We are India's leading legal firm for trademark logo registration in India. For trademark logo registration services, we require information about the trademark, name of the applicant contact numbers etc. In order to proceed with Trademark Logo Registration in India, please fill up the below enquiry form or contact us on the mobile number given on top in right corner of this page. We provide Trademark Registration Services for all the states of India and all the countries as given below :- India: All indian states like Andhra Pradesh, Arunachal Pradesh, Assam, Bihar, Gujarat, Haryana, Meghalaya, Mizoram, Nagaland, Tamil Nadu, Maharashtra, Tripura, Chhattisgarh, Goa, Himachal Pradesh, Jammu and Kashmir, Jharkhand, Orissa, Punjab, Delhi, Madhya Pradesh, Kerala, West Bengal, Uttaranchal, Karnataka, Uttar Pradesh, Manipur, Rajasthan, Sikkim etc Worldwide : All Countries including China, Vietnam, Hong Kong, South Korea, Philippines, Japan, Saudi Arabia, Kuwait, Nepal, Thailand, Sri Lanka, Taiwan, Pakistan, Bangladesh, United Arab Emirates (UAE ), Turkey, Iran, Malaysia, Indonesia, Singapore, Afghanistan , Europe's Countries including United Kingdom ( UK ), Italy, Germany, Spain, Russia, Ukraine ,Americas's Countries including USA, Brazil, Canada, Mexico, Argentina ,Oceania's Countries including Australia, New Zealand,Africa's Countries, Egypt, South Africa, Benin & Worldwide. What is trademark Logo? Trademark Logo represents diagrammatic illustration of symbol of the particular business enterprise which gives unique identity to the organization. Why to use Trademark Logo? Trademark Logo helps in offering special recognition to the business enterprise in its field of operations. It helps in building trust loyalty and maintenance of authenticity of the business enterprise. Advantages of Trademark Logo The below listed are some of the basic advantages of Trademark Logo Represent the company's brand or product Helps in building trust and loyalty to company Ensures authenticity of the product Offers distinct identity to the company How to obtain a Trademark Logo? Trademarks are basically classified into two forms, one which is registered with government agencies and other that are unregistered. The registered trademarks offer certain exclusive usage rights to the owners. Registration Process for Trademark Logo Filing of Application for Trademark Registration Request for examination of application to relevant sources Examination registration request Citation of Objections Trademark Logo Registration open to objections If no objections are received than Trademark Logo is considered to be registered Trademark Logos are symbolized by A trademark is designated by the following symbols: â�¢ : Used for an unregistered trademark, used to promote or brand goods SM : Used for an unregistered service mark, used to promote or brand services ® Used for a registered trademark Trademark Search https://www.indianlegalconsultants.com/trademark-search.htm https://www.indianlegalconsultants.com/trademark-search.htm Tue, 10 Sep 2019 00:00:00 +0530 In order to provide you trademark logo registration, our highly qualified team helps you in conducting Trademark search to ascertain the existence of prior registrations of identical marks. Registered & advertised trademarks are now available in digital database. Thus, conducting a tradedemark search from India has become very easy and expeditious. To know more about the trademark search services in India : - kindly contact us through e-mail or phone and our customer support team will contact you. We provide Trademark Registration Services for all the states of India and all the countries as given below :- India: All indian states like Andhra Pradesh, Arunachal Pradesh, Assam, Bihar, Gujarat, Haryana, Meghalaya, Mizoram, Nagaland, Tamil Nadu, Maharashtra, Tripura, Chhattisgarh, Goa, Himachal Pradesh, Jammu and Kashmir, Jharkhand, Orissa, Punjab, Delhi, Madhya Pradesh, Kerala, West Bengal, Uttaranchal, Karnataka, Uttar Pradesh, Manipur, Rajasthan, Sikkim etc Worldwide: All Countries including China, Vietnam, Hong Kong, South Korea, Philippines, Japan, Saudi Arabia, Kuwait, Nepal, Thailand, Sri Lanka, Taiwan, Pakistan, Bangladesh, United Arab Emirates (UAE ), Turkey, Iran, Malaysia, Indonesia, Singapore, Afghanistan , Europe's Countries including United Kingdom ( UK ), Italy, Germany, Spain, Russia, Ukraine ,Americas's Countries including USA, Brazil, Canada, Mexico, Argentina ,Oceania's Countries including Australia, New Zealand,Africa's Countries, Egypt, South Africa, Benin & Worldwide. Today, Trademarks have become one of the most sought after Intellectual Property, because they help in control of piracy of products & guarantee authenticity of the products. The increasing use of trademarks by business organizations has also aggravated the demand for legally registered and protected trademarks. In such scenario, Trademark Search is a widely availed service by corporates who want to obtain the best available trademark for their company as well as products. Currently several agencies offering assistance for registration of Trademark develop and maintain database of available Trademarks to further help clients to search and chose Trademarks. Each county maintains a trademark database and journal that helps in comparative analysis of trademark and deciding unique trademark for each company. Advantage of Trademark Search Helps in evaluation of availability of the trademarks Ensures zero opposition from third parties Easier legal documentation and registration process Helps in identification of any other company using similar or identical trademark Avoids trademark infringement Some of the basic information you would need to conduct Trademark Search A brief description of the good or services Use of the product in concerned industry. Expansion, opening, incorporation or designing your logo. Patent Services https://www.indianlegalconsultants.com/patent-services.htm https://www.indianlegalconsultants.com/patent-services.htm Tue, 10 Sep 2019 00:00:00 +0530 Patent in India is mainly granted on the fulfillment of three most important points i.e. whether the invention is new, whether it involves an inventive step and whether it is capable of industrial application. Patent Registration https://www.indianlegalconsultants.com/patent-registration.htm https://www.indianlegalconsultants.com/patent-registration.htm Thu, 10 Sep 2015 00:00:00 +0530 Intellectual Property has become today the most sought after wealth in the world. With increasing risk of duplication and forgery of ideas, inventions and products, the need to protect and secure the unique and individual identity of anything new, has become inevitable. International Patent Registration https://www.indianlegalconsultants.com/international-patent-registration.htm https://www.indianlegalconsultants.com/international-patent-registration.htm Tue, 10 Sep 2019 00:00:00 +0530 Patents have become the most common and effective way of protecting your intellectual property. With the increasing awareness about the advantages of Patent, we have witnessed a general positive trend in the Registration of International Patents. However with the increasing use, the ambiguity around the registration process and the ideas and things that can be protected via it has also increased. Generally an International Patent Registration can be availed for the following : Product Patent : For a new part or an innovative product Process Patent : For a way of making something Patent for industrial design : New equipment used in an industrial process Patent for a new use for a product, and many others. Each country follows its own independent process of Registration of Patents, as per their legal or judicial setup. But some countries collaborate their patents with others and in such cases the patent offered by authority in one country is considered to be legally binding upon the other member country. However the common process of Patent Registration involves Filing of Application form, submission of power of attorney, examination of application and either acceptance or rejection of the plea. Once this process is over, the product or idea patented by you, cannot be used or replicated without your prior permission. Patent Registration Process https://www.indianlegalconsultants.com/patent-registration-process.htm https://www.indianlegalconsultants.com/patent-registration-process.htm Tue, 10 Sep 2019 00:00:00 +0530 The Patent Registration Process in India is, undertaken in accordance with The Indian Patent Act of 1970. The legislation defines Patent as a right that is assigned to individual or an origination who individually or collectively invents or develops a product or process of manufacturing a product. The Registration of Patent can be availed for different kind of products or processes by filing an application for patent registration with the Patent Registration Office, which is part of the Ministry of Industry and Commerce. Once the application if filed along with the necessary papers, then it is thoroughly examined by legal experts and finally a decision is taken, with respect of refusal or acceptance of the Patent. Indian Patent Act allows grant of patent to concerned assignee for specific timeframe of 20 years and thereafter the patent needs to be renewed or shall be awarded to other party applying for it. Due to the complex law and complicated legal procedure, the Patent Registration Process in India, requires one to hire an attorney for legal assistance in the process. Requirements for Filing the Patent in India as per â��The Indian Patent Act, 1970.â�� Full name, address & nationality of applicant(s) and inventor(s). Specification, provisional / complete drawings, claims and abstract. List of countries to claim priority, if any, where the application / applications for the grant of patent has / have been filed, along with date and application number. Power Of Attorney Procedure for the Grant of Patent Filing of Application for Patent Registration Request for examination of application to Patent Office Examination and citation of objections (if any) Patent is Open to third party opposition for period of one year from date of advertisement If no third party objections are received than Patent is granted. Patent Attorney https://www.indianlegalconsultants.com/patent-attorney.htm https://www.indianlegalconsultants.com/patent-attorney.htm Tue, 10 Sep 2019 00:00:00 +0530 A person who is licensed to practice law, and has expert qualifications required for representing clients, for acquiring patents i.e. exclusive rights is known as a Patent Attorney. A patent attorney acts in all the matters regarding patent law and practices like prosecution and defense of patent rights, patentability, validity and infringement opinion etc. The Attorney carries comprehensive searches for novelty, prior art and validity. As a member of a profession of around 1500 members, an Attorney has expertise in the field of intellectual property. Indian Patent Attorney Indian Patent Attorney is a licensed law practitioner who has powers to embody clients for obtaining patent protection. The designation of Patent Attorney is not specifically defined in India. The criterion of eligibility to be registered as an Indian Patent Attorney includes being an Indian citizen and minimum 21 years age. Just like foreign patents are not valid in India, similarly, Indian patents are not valid in any other country. International Patent Attorney A registered International Patent Attorney is a specialist in representing clients for obtaining international patents and all the matters related to patents like patent application prosecution, patent application drafting and filing, trademark filing, trademark searches, trademark application prosecution, copyright registration, etc. An international attorney is the right source for protection of intellectual property. Besides, an attorney also assists his clients in developing their patent strategy for obtaining patents, minimizing generic competition and maximizing patent based revenue. Patent Law https://www.indianlegalconsultants.com/patent-law.htm https://www.indianlegalconsultants.com/patent-law.htm Tue, 10 Sep 2019 00:00:00 +0530 A patent is a set of prerogative and exclusive rights that is granted to an assignee or a discoverer by the government for a particular period of time. It means that any other person other than the inventor doesnt have a right to use, sell, offer or import a patented invention. Usually, the term of patent is 20 years from the filling date. A patented item can be sold, mortgaged, assigned to other, licensed, given away or abandoned. Though patent is an exclusionary right, but the patent owner necessarily doesnt have the right to exploit it. Specially, in case, if the invention is an improvement of prior invention. The objective of patent law is to encourage scientific research, new technology, and industrial progress. International Patent Laws Under international patent laws, an individual is granted certain sets of exclusive rights for a fixed duration, in which the inventor has to disclose his invention. This law protects the interests of the patent holder by minimizing generic competition and maximizing patent based revenue. When an inventor acquires a patent then it is valid only within the territorial boundaries and not in the other countries. As per the international patent law, any other person cannot sell, offer or import a patented invention. And anybody using the patented invention is considered as a criminal. These laws differ for every country. Patent Infringement Law https://www.indianlegalconsultants.com/patent-infringement-law.htm https://www.indianlegalconsultants.com/patent-infringement-law.htm Tue, 10 Sep 2019 00:00:00 +0530 If a patented invention is used, sold, transferred or imported without any permission from the patented owner, it is considered as a crime under Patent Infringement Law. As patents are valid only in territorial boundaries and not valid in other countries, then the infringement is only possible only in that country where patent is in force. Patents are generally referred as claims that prohibit other persons, besides inventor, to use, sell, import or transfer the patented invention. So, before using, selling or importing any patented invention, one should take permission from the owner to avoid any kind of infringement regarding the patent. Patent Act https://www.indianlegalconsultants.com/patent-act.htm https://www.indianlegalconsultants.com/patent-act.htm Tue, 10 Sep 2019 00:00:00 +0530 A countrys legislation controls the use of patents under the Patent Act. Patents generally instigate scientific research, new technology, and industrial progress. Patent Act varies from country to country. Indian Patent Act In India, it this act is coordinated by the superintendence of General Controller of designs patients, trademark patent and geographical indications. India houses four patent offices from which the head patent office is located in Kolkata and other are located in Chennai, Mumbai and Delhi. As per the direction of the controllers, examiners of each patent office discharge their work. Generally, 20 years from the date of registration is considered to be the patented period in which the owner has the rights of patent. In this period, patented invention cannot be used, sold, transferred, and imported by any other person without obtaining permission from the owner. International Patent Act Under this, intellectual property rights are represented at an international level. If once the patent owner registers the patent, then he gets the exclusive rights to use, sell, mortgage or transfer his invention for the term of patent. It also means that the patented invention cannot be used, sold or distributed without any consent from the patent holder. And if still someone uses the patented invention for his benefits, then it is considered as a crime and the criminal is subject to punishment. Patent Filing Services https://www.indianlegalconsultants.com/patent-filing-services.htm https://www.indianlegalconsultants.com/patent-filing-services.htm Tue, 10 Sep 2019 00:00:00 +0530 Patenting is a very time consuming and strenuous process which can be a little expensive for the inventor. Only when the inventor fills a patent application, he is subject to be the assignee of the patented invention. A request pending at a patent office by the owner of the patent for getting registered as an official holder of the invention is referred to as patent filling application. This application form encompasses the description of the invention, official norms and all the information regarding the invention. When government grants the domination of the invention to the inventor, the inventor is the registered holder or assignee of the invention that is patented. Intellectual property law firms excels in offering aid regarding various aspects of intellectual property like patent filing, international patent filing, trademark registration and patent registration. These services are provided by a pool of experienced and well qualified attorneys and personnel, who take care of the interests of the patent holder or the inventor applying for patent. By filling Patent form applications only, an owner can make the invention his own property for a fixed duration. Patent Drafting Process https://www.indianlegalconsultants.com/patent-drafting-process.htm https://www.indianlegalconsultants.com/patent-drafting-process.htm Tue, 10 Sep 2019 00:00:00 +0530 Patent drafting process is considered as the most significant but the most difficult process. It is governed by Patents Act and an office has been established to administer different provisions of patent drafting. This process is mandatory as the inventor has to draft his filled patent application for acquiring patent. If an application is well drafted, then only the invention has a chance of getting patent. Inventionâs entire fate depends on how well the application ahs been drafted. While the prosecution, management and maintenance of the invention, drafting plays the major role. A patent document available in any official journals mainly comprises of Cover Page, First Page and a Front Page. First, mention the bibliographical information of the patent, which may include factual information of the invention. Every patent office has its own set of bibliographical information. A normal cover page provides name of the applicant, inventor and title of the invention. Then the date of priority, filing, publication, abstract and grant of patent is mentioned. This constitutes the patent drafting process. A draft should completely describe a specific process, composition of matter and the mode of operation or principle wherever applicable. Patents Validation https://www.indianlegalconsultants.com/patents-validation.htm https://www.indianlegalconsultants.com/patents-validation.htm Tue, 10 Sep 2019 00:00:00 +0530 Patent validation is a requisite for making an invention patented. An inventor needs to go though various steps like patent filling, patent drafting to acquire the patent of his invention. Obtaining exclusive rights are a must for any invention, otherwise someone else can claim owners invention ass his and sale it, transfer it or import it. Once an owner acquires patent from the government, he gets the exclusive rights of the invention and he is liable to use it, sell it, mortgage it or destroy it. The patent rights are valid only in the territorial boundaries and not in other countries. If an owner has validated his invention and some other person is using it, then the other person is involved in infringement of the law and he is liable to punishment by the government. Though patent validation is an arduous task, but an invention to get patented needs to go through this process. Designs Registration https://www.indianlegalconsultants.com/designs-registration.htm https://www.indianlegalconsultants.com/designs-registration.htm Tue, 10 Sep 2019 00:00:00 +0530 Meaning and ContentDesigns play a real life role in the modern world. Design means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but it does not include a lot of things which are covered under the Trademarks Act and Copyright Act. India recently amended its Designs Act. Of course the compelling reason to do this was the obligations under the TRIPS.New or Original DesignsA design to be registrable must be new or original. Original means originating from the author of the design. New applications of old designs are registrable. Designs which are not new or original or disclosed to the public anywhere in India or in any other country or not significantly distinguishable from known designs or combinations of known designs or comprising scandalous or obscene matter are not registrable.Design Registration SystemMost countries provide for national design laws providing for a system to administer the registered designs. The process typically involves filing applications for registration of designs in the prescribed format, removing the objections, if any, by the Design Examiner and getting the design granted. In Indian Legal Consultants, we not only deal with each and every aspect concerning Designs Registration Process in India but also provide complete assurance as far as Designs Registration is concerned.Basics of DesignsDesigns Prosecution in IndiaThe ApplicantAny person who claims to be the proprietor of any new or original design not previously published in any country can apply for registration of design in India. In case of a design claiming priority, the Applicant must be a person/entity who has applied for protection for any design in any other convention countries or group of countries or countries, which are members of inter-governmental organizations or his legal representatives, alone or jointly with any other person. The Indian Design Laws provide for 6 months priority from the date of the earliest application. Thus we help our clients to get through all the impediments and technicalities pertaining Design Filing, Design Prosecution, Design Registration etc.Application DocumentThe application for a design should be in the manner prescribed under the Designs Act, 2000 and the Designs Rules, 2001. A Design application has to be filed in the form prescribed under the Designs Rules along with the requisite official fee. In preparing the Design specification, it to be ensured that the various claims regarding the Design in its entirety with all itâ�� modification have been covered. It has to be filed in the prescribed form and the official fee is to be paid. Separate application needs to be filed for each design. The same design can be registered in more than one class. The Schedule annexed to the Design Rules Provides for the classes in which the application for design can be filed. This Schedule follows the Locarno Classification.The date of registration of design will be the same as the date of the application for registration.ExaminationUpon filing the application for design, the Controller of Patents and Design will refer the matter to the Examiner of Designs. The Examiner will verify whether the application conforms to the formal and substantive requirements as legally prescribed.GrantAfter acceptance of the application, the Design Office will proceed to grant registration.Term Of DesignThe term of registration is for 15 years. The registration is valid for an initial term of 10 years and by renewal this term could be extended for another 5 years.Prosecution FrameThe Patents & Designs Office issues an official filing receipt as soon as the application has been filed. Thereafter the Patents & Designs Office issues the First Office Action which may contain formal and/or substantive objections in respect of the application for registration.Time FrameA design registration can be obtained within a period of 12 (Twelve) months.Designs Filing in IndiaIntroductionDesign Registration in India is governed by the Designs Act, 2000 and the Designs Rules, 2001. To prepare and file a Design Application in India, the following information/documents are required:The Details of the ApplicantThe name, address and nationality of the Applicant. If the Applicant is not a natural person the legal status and the place of incorporation.The Details of the Design : Title of Article Statement of Novelty Class & Sub Class of the article embodying the design is applied under the Locarno Classification. The size of each representation must not be less than 5 by 4 inches or 13 by 10 centimeters wide. Representations illustrating the views of the article wherein the originality resides. The representations can be in the form of photographs or drawing figures (the Designs Office prefers photographs) showing the perspective, front, rear, top, bottom and side views of the article (4 copies of each view)Priority Claim details [if applicable]If the design application claims priority from a corresponding application(s), the following particulars are required : Priority date Priority Country Priority Application Number Certified Priority Document [may submit later] Verified English translation of the priority document [if relevant, may submit later] Power of AttorneyThe duly stamped Power of Attorney in the prescribed form must be submitted. It could be filed subsequent to the filing of the application.We provide all-inclusive Industrial Design Registration Services throughout the India. Intellectual Property Rights https://www.indianlegalconsultants.com/intellectual-property-rights.htm https://www.indianlegalconsultants.com/intellectual-property-rights.htm Tue, 10 Sep 2019 00:00:00 +0530 Intellectual Property Law Rights is one of the fastest growing concepts in modern world. Today each and every proprietor, user is trying to protect his intellectual property by some way or the other. IPR in India has flourished tremendously in the last ten years. In order to take optimum advantage of the rights attached to Intellectual property Rights it is extremely necessary to register it. We are one of the trustworthy providers of Intellectual Property Rights Services based in India. IPR Patent In India, the most important and technical concept of Intellectual property rights is the patents. The patent law in India is governed by the Indian Patents Acty, 1970. The patent law in India has its source from the English law. In India, patent is granted for a period of twenty years. However it is required to be renewed every year. After the expiry of twenty years, the monopoly rights ceases to exist and the patent in question is available for each and every one to benefit. The Patent Act which was earlier governing the patent laws in India had a lot of loopholes. However it was replaced by the Indian Patent (Amendment) Act, 1999.The best clause introduced by the new Act was the implementation of the exclusive marketing rights which allowed the applicant to distribute and market his products in India from the date of filing of the application without waiting for the whole procedure concerning grant of patent. The main object of this site is to make people aware of different aspects associated with the filing and prosecution of the Patent application along with the providing swift services concerning the same. IPR Protection There has been remarkable development in the areas of science technology and commerce during the last few decades. This has mainly happened due to the continuous effort and hard work of scientists, business holder and artists from different parts of the world. The outcome of this entire thing comes within the purview of intellectual property rights. It is to be noted that in order to promote the art of various artists and intellect of different people, it is extremely important to protect the intellectual property rights of different countries. The protection pertaining to the different branches of Intellectual property can be acquired at the national and international level .The most important priority of intellectual property right is to safeguard the property of different people which can indirectly contribute to the development of industry and commerce. Thus in order to safeguard Intellectual property rights, it is extremely necessary that all the factors coming within the ambit of IPR must be protected in a legal manner. IPR Rights Intellectual property rights mainly speaks of the remedy which are available to the owner of the Intellectual property in case it gets infringed or violated by any person unauthorized to act in this regard. As a general rule, the legal remedy can be claimed only if the legal right has been properly safeguarded. In India the different statutes governing intellectual property are Indian patents Act, 1970, Indian Trademarks Act, 1999, Indian Copyright Act, 1957, The Designs Act, 2000 and the Geographical Indications of Goods (Registration and Protection) Act, 1999. In India, to file a suit against possible infringement is a matter of right. However these rights can be exercised in an effective manner only when the Intellectual properties are registered as per the rules and regulations governing the same. According to a famous maxim rights is not guaranteed to those who sleep over their rights. Thus in order to enjoy maximum benefit of legal right concerning a captioned Intellectual property it is highly recommended to register the same at the earliest so that possible infringement and violation can be tackled systematically. Company Registration Service https://www.indianlegalconsultants.com/company-registration-service.htm https://www.indianlegalconsultants.com/company-registration-service.htm Tue, 10 Sep 2019 00:00:00 +0530 What are the types of Business Entities Available in India? The following types of Business entitles are available in India : Limited Liability Partnership, LLP in India A law to allow "Limited Liability Partnership" (LLP) in India has been enacted by the Parliament of India recently. Private Limited Company Public Limited Company Unlimited Company Partnership Sole Proprietorship In addition to the above legal entities, the following types of entities are available for foreign investors/foreign companies doing business in India: Liaison Office Representative Office Project Office Branch Office Wholly owned Subsidiary Company Joint Venture Company What is a Private Limited Company? A Private Limited Company is a company limited by shares in which there can be maximum 50 shareholders, no invitation can be made to the public for subscription of shares or debentures, cannot make or accept deposits from Public and there are restriction on the transfer of shares. The liability of each shareholder is limited to the extent of the unpaid amount of the shares face value and the premium thereon in respect of the shares held by him. However, the liability of a Director / Manager of such a Company can at times be unlimited. The minimum number of shareholders is 2. What is a Public Limited Company? A Public Limited Company is a Company limited by shares in which there is no restriction on the maximum number of shareholders, transfer of shares and acceptance of public deposits. The liability of each shareholder is limited to the extent of the unpaid amount of the shares face value and the premium thereon in respect of the shares held by him. However, the liability of a Director / Manager of such a Company can at times be unlimited. The minimum number of shareholders is 7. What are the advantages of a Limited Company? A limited company has following advantages : Members' (the directors and shareholders) financial liability is limited to the amount of money they have paid for shares. The management structure is clearly defined, which makes it easy to appoint, retire or remove directors. If extra capital is needed, it can be raised by selling more shares privately. It is simple to admit more members. The death, bankruptcy or withdrawal of capital by one member does not affect the company's ability to trade. The disposal of the whole or part of the business is easily arranged. High status. What are the disadvantages of a Limited Company? A limited company has following disadvantages : Requirement to register the company with the registrar of companies and provide annual returns and audited statement of accounts. All details of the company are available for public inspection so there can be no secrecy. There are penalties for failing to make returns. Can be more expensive to set up. May need professional help to form. As a director, you are treated as an employee and must pay tax. The advantages of limited liability status are increasingly being undermined by banks, finance house, landlords and suppliers who require personal guarantees from the directors before they will do business.   What entity is best suited? The choice of entity depends on circumstance of each case. Private Limited Company has lesser number of compliances requirements. Therefore, generally where there is no requirement of raising of finances through a public issue and the ownership is intended to be closely held by limited number of persons, Private Limited Company is the best choice. What is the minimum paid-up capital of a Private Limited Company? The minimum paid up capital at the time of incorporation of a private limited company has to be Indian Rupees 1,00,000 (about United States Dollars 2,250). There is no upper limit on having the authorized capital and the paid up capital. It can be increased any time, by payment of additional stamp duty and registration fee. What is the difference between authorized capital and paid up capital? The authorized capital is the capital limit authorized by the Registrar of Companies up to which the shares can be issued to the members / public, as the case may be. The paid up share capital is the paid portion of the capital subscribed by the shareholders. What is the procedure in obtaining a name approval for the proposed Company? An application in Form No. 1A needs to be filed with the Registrar of Companies (ROC) of the state in which the Registered Office of the proposed Company is to be situated.  The application is required to be signed by one of the promoters. The details to be state in the said application are as follows:1. Four alternative names for the proposed company. (The name can be coined names from the objects of the proposed company or the names of the directors, etc. but should definitely be indicative of the main object of the company. Justification for the name needs to be specified along with the application)2. Names and addresses of the promoters (Minimum 7 for a public company while 2 for private company).3. Authorized Capital of the proposed company.4. Main objects of the proposed company.5. Names of other group companies. On submitting the application, the ROC scrutinizes the same and sends the approval / objections in about 10 days to the applicant. On fulfilling of the objections a formal letter of name approval is issued. What is the Memorandum of Association (MOA) and the Articles of Association (AOA) of a company and what is the procedure in their regard? On receipt of the name approval letter from the ROC the MOA and the AOA are required to be drafted. The MOA states the main, ancillary / subsidiary and other objects of the proposed company. The AOA contains the rules and procedures for the routine conduct of the proposed company. It also states the authorized share capital of the proposed company and the names of its first / permanent directors. After the MOA and AOA are required to be stamped.  A stamp duty is required to be paid on the MOA and on the AOA. The stamp duty depends on the authorized share capital. What are the documents required to be executed for incorporation? The following documents are required to be executed (signed) before they are submitted to the ROC : MOA and AOA - These are required to be executed by the promoters in their own hand in the presence of a witness in quadruplicate stating their full name, father's name, residential address, occupation, number of shares subscribed for, etc. Form No. 1 - This is a declaration to be executed on a non-judicial stamp paper of INR 20 by one of the directors of the proposed company or other specified persons such as  Attorneys or Advocates, etc. stating that all the requirements of the incorporation have been complied with. Form No. 18 - This is a form to be filed by one of the directors of the company informing the ROC the registered office of the proposed company. Form No. 29 - This is a consent obtained from all the proposed directors of the proposed company to act as directors of the proposed company. (Not required in case of private company). Form No. 32 - This is a form stating the fact of appointment of the proposed directors on the board of directors from the date of incorporation of the proposed company and is signed by one of the proposed directors. Name approval letter in original. Power of Attorney signed by all the subscribers of MOA authorizing one of the subscribers or any other person to act on their behalf for the purpose of incorporation and accepting the certificate of incorporation. Power of Attorney in case of a subscriber who has appointed another person to sign the MOA on his behalf.9. Filing fees as may be applicable.   How is the certificate of incorporation issued?  After the documents in FAQ 5 are filed, the ROC calls the attorney on a specific date for scrutiny and making the corrections in the MOA and AOA filed. On complying with the same, the certificate of incorporation is granted to the attorney. When can the newly formed company start its business operations? On receipt of the certificate of incorporation, the public company has to complete certain other legal formalities such as a statutory meeting (within 6 months), statutory report, etc. On completion of the said formalities and on filing of the statutory report with the ROC the ROC issues the certification of commencement of business to the company. Thereafter, the Public Company can start the business operations. The Private Company can start its business immediately on incorporation.   How do we comply with the legal formalities when we are not stationed in India?  You can give Power of Attorney to a person to sign the documents on your behalf. After the Company is incorporated, you can appoint Alternate Directors, to function on your behalf while you are not in India. But at least once, you should be in India within one month of the incorporation of the Company. There can be one meeting of Board of Directors during your stay in India and all other formalities including those of appointment of Alternate Directors can be complied with.   What other approvals are required for foreign investor in India? IT is mandatory for foreign investors to obtain governmental approval for incorporating in India or forming a joint venture in India. In some sectors certain restrictions apply. Proper legal advice must be obtained before incorporating in India to ascertain the eligibility and applicable restrictions.Generally, prior approval is required from the RBI before investing in India. Some categories of businesses are covered under automatic approval process. However, one has to apply for the same.  There are some post-incorporation filing formalities after the remittance of capital from overseas to India and on issue of shares. What are the requirements for issuing  Sweat Equity in an India Company?  Can an Indian company can issue sweat equity? There are separate rules for sweat equity in a private company in India and a public company in India. Sweat Equity in a private company in India : The provisions for issue of Sweat Equity are covered under Section 79A of the Companies Act. It provides that a company may issue sweat equity shares of a class of shares already issued if the following conditions are fulfilled: the issue of sweat equity shares in authorized by a special resolution passed by the company in the general meeting. The resolution specifies the number of shares, current market price, consideration, if any, and the class or classes of directors or employees to whom such equity shares are to be issued. not less than one year has, at the issue elapsed since the date on which the company was entitled to commence business. The sweat equity shares of a company whose equity shares are listed on a recognized stock exchange are issued in accordance with the regulations made by the Securities and Exchange Board of India in this behalf. In view of the above provisions, you can't issue Sweat Equity at the time of incorporation of your Company as one year has not elapsed since the date on which the company was entitled to commence business. In addition to the above provision, other regulatory provisions are applicable for issuing sweat equity shares for a private company in India. Sweat Equity in a public company in India : The aforesaid provisions regarding issuing of Sweat Equity under Section 79A of the Companies Act are applicable to a public company in India. The sweat equity shares of a company whose equity shares are listed on a recognized stock exchange are issued in accordance with the Securities and Exchange Board of India (Issue of Sweat Equity) Regulations, 2002   What are the requirements for a Foreign company forming a subsidiary in India? A foreign company planning to form a subsidiary in India, in addition to meeting all requirements of forming a company, is required to seek governmental approval before investing in India. Some approvals are automatic, -RBI Approvals - though application is required for those approvals. Special Permission â�� FIPB Approvals - could be obtained to invest over and above the regular percentage allowed. See our FDI in India Sector wise Guide for more information on various conditions of investing in India. What are the requirements for a Foreign company opening a branch in India? Foreign investors are required to seek governmental approval before investing in India. Some approvals are automatic, -RBI Approvals - though application is required for those approvals. Special Permission â�� FIPB Approvals - could be obtained to invest over and above the regular percentage allowed. What are the requirements for a Foreign company forming a joint venture in India? Foreign investors planning to form a joint venture in India are required to seek governmental approval before investing in India. Some approvals are automatic, - RBI Approvals - though application is required for those approvals. Special Permission â�� FIPB Approvals - could be obtained to invest over and above the regular percentage allowed. What are the requirements for an American company planning to establish business in India? An American or USA company planning to open business in India - subsidiary, branch, or joint venture -  should meet all the requirements mentioned here. It is also required to seek governmental approval before investing in India. Some approvals are automatic, - RBI Approvals - though application is required for those approvals. Special Permission â�� FIPB Approvals - could be obtained to invest over and above the regular percentage allowed. What are the compliance requirements for Companies in India?  All the companies who are related cyber business are required to comply with the requirements of the law.  IT is mandatory to set up corporate compliance programs including cyber law compliance program. If your company does not have the compliance program, then contact us to help you set up one for you.In addition, all the Multinational Companies Doing Business in India and having cyber involvement are required to comply with  the corporate and other laws of India including cyber law compliance. The cyber law mandates all companies to have an information technology security policy. This documents the architecture of the network, the roles and responsibility of employees, security parameters and authorization required for data access, among other things. Other compliances that are required include relate to retention and authentication of electronic records and security of data. Moreover,  Indian Information Technology Act of 2000 provides for further personal liabilities. For example, Section 85(1) of the IT Act provides that where a person committing a contravention of any of the provisions of this Act or of any rule, direction or order made there under is a Company, every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of business of the company as well as the company, shall be guilty of the contravention and shall be liable to be proceeded against and punished accordingly. All the Indian companies and all foreign companies doing business in India, either directly or indirectly, should comply with this law.   What are the Requirements for a Private Limited Company? A Registered Business Name: This must be followed by the word â��Limited' or â��Ltd'. The Companies Registration Office exercises some control over the choice of name, it cannot be identical (or very similar to) the name of an existing company. It won't be considered if it is offensive or illegal and the use of certain words in a company (for example, `Institute', `National') can only be used in certain circumstances. The company name must be displayed in a conspicuous place at every office, or other premises where the company carries out business.  A Registered Office : This need not necessarily be the same address as the business is conducted from. Quite frequently the address used for the registered office is that of the firm's solicitor or accountant. This is the address, through, where all official correspondence will go.  Shareholders : There must be a minimum of two shareholders (also described as `members' or `subscribers'). A private company can have up to fifty shareholders. Share Capital : The company must be formed with a stated, nominal share capital divided into shares of fixed amounts. Small companies are frequently formed with a nominal share capital of Rs.100. Memorandum of Association : The memorandum is the company's charter. It states the company's name; the situation of its registered office; its share capital; the fact that liability is limited and, most importantly, the object for which the company has been formed. In theory, the company can only operate in the areas mentioned in the objects clause but in practice the clause is drawn to cover as wide an area as possible, and anyway a 75 per cent majority of the members of the company can change the objects whenever they like. Nevertheless, it is worth bearing in mind that directors of the company will incur personal liability if the company engages in a type of business which is not authorised by the objects clause. The memorandum must be signed by at least three shareholders. Articles of Association : The document contains the internal regulations of the company, the relationship of the company to its shareholders and the relationship between the individual shareholders. Many companies don't bother to draw up their own articles but adopt (sometimes with some modifications) articles set out in the Companies Act. Certificate of Incorporation : This is the document, which the registrar of companies issues to you once he has approved your choice of name and your memorandum. When you receive this document your company legally exists and is ready to trade. Auditors : Every company must appoint a qualified auditor. The auditor's duty is to report to the treasurer whether or not the books of the company have been properly kept, and that the balance sheet and profit and loss account presents (or doesn't present) a true and fair view of the company's affairs and complies with the Companies Act. Auditors are appointed or re-appointed at general meetings at which annual accounts are presented, and they hold office from the conclusion of the meeting until the next general meeting. Accounts : The Companies Act lays down strict rules on accounting. Every company must maintain a set of records, which show the financial position at any one time with reasonable accuracy. The accounts comprise a profit and loss account and balance sheet with the auditors' and directors' reports appended. A new company's accounting reference period begins on its incorporation and runs until the following 31st March - unless the company notifies the registrar of companies otherwise. Within ten months of the end of an accounting reference period, an audited set of accounts must be laid before the shareholders at a general meeting and a set delivered to the registrar of companies. Registers, etc. : In addition to the accounts books, companies are required to have: a register of members and share ledger; a register of directors and secretaries; a register of share transfers; a register of charges; a register of debenture holders; a book can be purchased to hold all of the above. This will be provided automatically if you buy a running concern. Company Seal : All companies must have an engraved seal. This must be impressed on share certificates and must be used whenever the company has to execute a deed. Copyright Services https://www.indianlegalconsultants.com/copyright-services.htm https://www.indianlegalconsultants.com/copyright-services.htm Tue, 10 Sep 2019 00:00:00 +0530 Copyright means the exclusive right subject to the provisions of this Act, to do or authorize the doing of any of the following acts in respect of a work or any substantial part thereof, namely:-in case of literary, dramatic or musical work. To reproduce the work in any material form including the storing of it in any medium by electronic means, To issue copies of the work to the public not being copies already in circulation To perform the work in public, or communicate it to the public To make any cinematographic film or sound recording in respect of the work To make any translation of the work To make any adaptation of the work To do in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub-classes to. In case of computer programme- To do any of the acts specified in clause (a) To sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programme. In case of artistic work To reproduce the work in any material form including depiction in three dimensions of a two dimensional work or in two dimension of a three dimension work To communicate the work to the public To issue copies of the work to the public not being copies already in circulations To include the work in any cinematographic film; To make any adaptation of the work. To do in relation to an adaptation of the work any of the acts specified in relation to the work in sub classes (i) to (iv) In case of cinematographic film To make a copy of the film including a photograph of any image forming part there of To sell or give on hire or offer for sale or hire, any copy of the film, regardless of whether such copy has been sold or given on hire on earlier occasions; In the case of a sound recording To make any other sound recording embodying it; To sell or give on hire, or offer for sale on hire, any copy of the sound recording, regardless of whether such copy has been sold or given on hire on earlier occasions; To communicate the sound recording to the public. Copyright filing in India Copyright of literary, dramatic, artistic, cinematographic, musical or computer programme is extremely important. Copyright not only safeguards the interest of the owner but also protects his right from being infringed. Copyright acts as a license to fight against an infringement or violation of the same. The statutory fee for Copyright Registration in India and Copyright Filing in India is extremely low. Another advantage of copyright is that it is registered within a span of five to six months. Indian Legal Consultants is one of the best providers of Copyright Registration Services and Copyright Protection Services based in India since its professional charges are less as compared to most of the law firms in India. Apart from being cost effective, its main priority is to provide the best possible Copyright Services at the earliest. Infringement of Copyright It is intrinsic to copyright an artistic, literary, musical, cinematographic or computer programme. But sometimes even after copyright of the same there is every possibility that it might get infringed. Thus, it is extremely important to keep a track on all the copyright that are advertised before registration. Indian Legal Consultants has a group of associates who keep a record of all the copyright works that are being registered. Once we find that a particular copyrights has been infringed by someone, we immediately starts to act. Thus, we are not only confined to provide the following services : Copyright Registration Copyright Renewal Filing Opposition But, we also tend to provide each and every service related to Indian Copyright. Thus, we have all the Professionals, experts, Scientists, Engineers, Advocates, Patent Agents Trademark Agents, Patent Attorneys, Judges and youths from different legal sectors who looks after the Trademark Registration in India, Patent Registration in India, Copyright Registration in India, and other services related to the field of Intellectual Property Right. Copyright Violation Copyright violation means infringing the rights of registered owner of copyright. If any person does any thing, the exclusive right to do which is conferred by the Act on the owner of the copyright, without the permission, authorisation or license of the owner, than it is violation of copyright. Violation is not confined to literal or exact repetition or reproduction, it also includes the modes in which the matter of any work may be adopted, imitated, transferred or reproduced. The question of violation of copyright is not one quantity but of quality and value. It is to be noted that in case of violation of copyright, before leveling the charge of plagiarism against defendant it must be shown that the defendant has taken considerable portion of the matter from the original and have made an unfair use of the protective mark. The two works must be scrutinized meticulously and not hypercritically. The court observed in a particular case pertaining to violation of copyright that â��it is the intellectual production of the author which can be protected through copyright and not the form which such production ultimately takes. It is to be noted that innocence cannot be considered as a defence for violation of copyright. A person cannot claim the defense of innocence if he has been charged for violation of copyright. Legal Service Consultant https://www.indianlegalconsultants.com/legal-service-consultant.htm https://www.indianlegalconsultants.com/legal-service-consultant.htm Tue, 10 Sep 2019 00:00:00 +0530 We are well reckoned as one of the reliable Legal Service Consultants. Our experienced team of lawyers / solicitors handles a comprehensive range of litigations in City Civil Courts and High Courts throughout India. We represent companies, partnerships, sole traders and other organizations (Charitable, Trusts, etc.) in Civil, Criminal, Arbitration and Conciliation Proceedings. 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You can also avail a private meeting with our panel of Lawyers discuss with them your queries/problems effectively. Litigation Support / Legal Research Services Our Litigation Support / Legal Research Support services help global law firms / private individuals use offshore legal research staff to obtain more customized, quicker, and cheaper legal research assistance. We provide customized legal research for litigation, commercial contract documentation and arbitration. Our specially trained staff of lawyers specializes in Arbitration Matters and commercial civil litigation catering individuals and organizations throughout India at City Civil Courts and High Courts. As, we are one of the remarkable Legal Management Consultants, we emphasize on client satisfaction and hence we even offer free and prompt consultancy.