What is The Motor Vehicles Act, 1988?
Legal

What is The Motor Vehicles Act, 1988?

The Law relating to Torts is based on the principle that every injury should have a remedy. The concept of compensation and providing damages step in at this very instance. “Compensation” is defined in Oxford dictionary as something signified to be given in recompense as opposed to the “damages” which is a value estimate.

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Collective Marks and their Advantages
Legal

Collective Marks and their Advantages

"Collective mark" means a trademark capable of distinguishing the goods or services of members of an organization of persons which are not a partnership within the ambit of the Indian Partnership Act, 1932, which is the owner of the trademarks from those of others, it is so defined in section 2(1)(g) of the Trade Marks Act, 1999. They are used by associations to relate themselves with a level of quality or accuracy. Associations have to ensure compliance of specific quality standards, only then the members can use the mark. The owner of the collective trademark can even be a public entity or a cooperative. The organization should be of a kind that is capable of suing and being sued. The primary purpose of a collective mark is to protect the consumer against misleading practices. Any group of people with a common goal may be considered a collective.

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 How to Amend a Trademark Application
Legal

 How to Amend a Trademark Application

A trademark application, once submitted, can be subjected to specific changes to correct some information that had been provided by the applicant at the time of submission. The correction or an amendment to the application may be necessary for various reasons like incorrect entry or inaccurate filing of the trademark application. The Trade Marks Act 1999 and Rules 2002 authorize rectification of any error in the application made for a trademark. A wrongly registered mark or a mark wrongly remaining on the register may also be rectified under the Trade Marks Act.

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What are different IPR Legislations and their implementation tools?
Legal

What are different IPR Legislations and their implementation tools?

The concept of Intellectual Property Rights can be traced back to the 15th century when Venetian Law in 1474 gave us insight into what the concept of patents was and later, it was the invention of the Guttenberg’s printing press in the same century that introduced us to the world of copyrights. The doors to Intellectual Property Law have remained open, ever since.

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Upcoming Challenges in IPR and the Way Forward
Legal

Upcoming Challenges in IPR and the Way Forward

The modern global society is propelled forward by the power of ideas and the wavelength of those ideas. All of its aspects and especially, the economy, is heavily dependent on the nature and uniqueness of ideas. Such ideas had a far-reaching propensity to drive a dynamic society forward and that driving force resulted in the prominence of Intellectual Property Rights (IPR) .and the laws relating to it.

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One Nation One Election
Legal

One Nation One Election

“One nation, one election is not just a matter of debate, but it is the need of India”- it takes one statement to usher innumerable debates in the country, in spite of the Prime Minister apprising not to. 26th November is marked as the Constitution day and Hon’le Prime minister also addressed the All India Presiding Officers conference on the same day where he brought into everyone’s brain box, the concept of ‘one nation, one election i.e. a single voter list for all polls that take place in our country on an average and also called on to the presiding officers to comprehend the language of statute books and derive an easier process segregate supernumerary laws related to elections. But first, let’s see what the fuss all about is. 

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What are the principles on which WTO Functions?
Legal

What are the principles on which WTO Functions?

Everybody knows WTO as that body which governs the global trade. Though it might not be because it regulates international trade only between the member states. Since there are 160 members and 95% of the world trade, it is more or less accurate that WTO is the regulator of international trade. 

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9 Best Practices on Contract Vetting
Legal

9 Best Practices on Contract Vetting

If you look at two different agreements for similar purposes, let's say two sale purchase agreements or two credit agreements, you will find them to be similar to quite an extent. On the surface, drafting agreements seems like an easy job once you know the format and essential clauses.

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Benefits of Startup Registration
Legal

Benefits of Startup Registration

As the governments of the day have started to recognize the importance of entrepreneurs and the businesses and intent to actively support them, we are now entering an era of innovations. As the Indian government is coming forth with multiple initiatives, the environment for starting up is growing warmer each day. It is only smart to stay updated about the government policies and plan accordingly.

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Intricacies of the Employee Contract
Legal

Intricacies of the Employee Contract

One of the first agreements that people enter into as adults mostly include employment agreement. It is natural to have limited knowledge of how the agreements work, let alone the  employment agreement. This gives rise to a certain fear while signing because well, the agreements tie you into liabilities. In general practices, the employees are restricted by such agreements to mandatorily serve for a certain amount of time. There are other obligations as well, which are brought upon the employees through the employment agreement. It is important to analyse any agreement before signing it. Therefore, we have decided to quickly explain the important parts of every employment agreement, which is currently in practice with modifications according to different industries. If you look for certain clauses in the document, you shall be able to get a hold of liabilities the agreement is looking to put over you and make an informed decision.

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Article 370 and 35A revoked
Legal

Article 370 and 35A revoked

In 1957, Kashmir was formally incorporated into the Indian Union. It was granted a special status under Article 370 of India's constitution.

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Patent Registration Under Patent Cooperation Treaty
Legal

Patent Registration Under Patent Cooperation Treaty

The creative work of the human mind is kept safe through several measures and the main motivation for the same is the encouragement for the creative activity. Several forms of protection of the creative activity have come about including those which are of particular interest in the industrial development. Patents being one of them.

Continue Reading about 6 years ago
Ways to Commercialize IPR
Legal

Ways to Commercialize IPR

Intellectual Property (IPR) was introduced in India from year 1957 through The Copyright Act, 1957. From then six amendments have been made on The Copyright Act, 1957. Trademark was introduced in 1999 through Indian trademarks act 1999. Intellectual property is basically a way to register an Idea or a mark etc., so that others cannot copy it and use it for their own benefit. Rather than creating IPR the value of IPR lies in its commercialization. Companies by use of IPR derive benefits to compete with market. Intellectual Property is an asset for a company whether it’s a startup or an old firm and its market value is could be cashed by means of IPR.

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Liquidation of Company
Legal

Liquidation of Company

Company being artificial person can only be dissolved by striking off the register of companies. This is called liquidation of company.

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Letter of Undertaking: How does it Work?
Legal

Letter of Undertaking: How does it Work?

Letter of Undertaking (hereinafter referred to as LoU) can said to be a sort of guarantee that is issued by a banking entity to the concerned person for attaining short term credit from the overseas branch of an Indian bank. Such LoUs are not issued against retail transactions, but are employed in business or trade transactions.

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Registration of a Public Limited Company| Explained
Legal

Registration of a Public Limited Company| Explained

A public limited company is an incorporated business and is said to be a separate legal entity from its owners like that of the Private Limited Company. Shareholders are termed to be its owners and they enjoy the benefit of the limited liability. The limited liability is a benefit to each of the shareholder of that company. According to Section 3(1) (IV) of Indian Companies Act 1956 that ‘’a public company is not a private company” also the articles do not restrict the transfers of shares of the company. There is no restriction on the maximum number of the companies. It invites general members and public to purchase the shares and debentures of the company. If one wants to register a public company there are many advantages or benefits related to the registration of a public Company which are -

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Adverse Effect under Competition Law
Legal

Adverse Effect under Competition Law

In every market, the companies producing similar products or offering similar services compete to gain maximum consumers, profits and market control.

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