Tag Archives: Singhania & Company

ILN Today Post

Well Known Mark: The Ordeal of International Brand

The Trade Marks Rules, 2017, has -implemented certain significant changes in the procedural aspect of declaring a trademark to be a well -known mark by way of filing a request before the Trade Marks Registry alongwith supported documents in the form of statement of case and an official fee of INR One hundred thousand ( One Lakh). The Office of Controller General of Patents, Designs and Trade Marks (CGPDTM) has also issued notifications elucidating the process of submitting the evidences showing the use of trademark, existing and potential customers for goods/services available under trademark, the duration, extent and geographical area of use of the mark, judicial pronouncements wherein trademark declared to be well known etc. There was no procedure for determining the well-known mark, though there were instances whereby trademarks were declared well -known during infringement/passing off proceedings or in opposition/rectification proceedings etc. With the advent of new rules it now obligates the Trademark Registry to provide an extraordinary protection to the well-known trademarks and safeguards them from the vices of infringement and passing off.

Continue Reading… Well Known Trademark Article 09.01.18

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ILN Today Post

Now register Trademark as ‘Well Known’​

In a significant development to improve India’s intellectual property regime, rules for registering trademarks have been simplified. This is a step in the right direction as it would boost the ease of doing business.

Now you can register trade mark as “Well Known” and Save potential litigation cost. The registration fee of Rs 1 lakh is insignificant if compared to the savings in potential litigation costs.

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Things you need to know about Employment and Business Visa in India

 

General Requirements

The Foreigner’s Act, 1946, The Registration of Foreigners Act, 1939 and The Citizenship Act, 1955, together with allied rules and periodic amendments regulate the foreigner’s entry, along with the immigration policy, movement and stay in India. Most foreign nationals entering India require a valid passport along with an appropriate visa depending on the motive of visit to India. Visa can be issued for the following purposes.

Business Visa: An individual seeking to travel to India on business should obtain a Business Visa. The validity of a business visa can range from 6 months to 10 years. Individuals who seek to establish a business in India may be eligible for a business visa, which is usually issued with a longer validity period (a long term visa). A business visa application should include supporting documents from the sponsoring organization(s).

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Decoding the Arbitration Amendment

The Arbitration and Conciliation (Amendment) Act of 2015 seems to be an optimistic leap towards making India an investor friendly state.

InfrastructureToday-Decoding Arbitration-July 2016

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Reforms and Recommendations for the Arbitration and Conciliation Act, 1996

The Arbitration & Conciliation Act, 1996 (hereafter referred to as ‘the Act’) provides that the Court has power to appoint Arbitrator under Section 11 (Appointment of arbitrators) of the Act, but has not framed any rules  hereby the arbitral proceedings can be expedited. Therefore, I am of the opinion that the Law Commission should take this point into consideration and provide for steps to ensure that whenever the Court is appointing an Arbitrator, the Court should also lay down the rules as to:

i. What will be the issues which the Arbitrator has to decide as preliminary issues, particularly in relation to limitation and scope of Arbitration e.g. if a party files a claim which is either time barred or outside the scope of Arbitration claim then it should be decided as preliminary issue and heavy cost should be imposed on the party filing false claim in the Arbitration proceedings. More…

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The India growth story is all set to take off

Come, Make in India
The Prime Minister has given a new slogan to the country – Come, Make in India – and he has actually told the world out there that he is very serious about making India a manufacturing hub.

“Be it plastics or cars or satellites or agricultural products, come make in India,” the prime minister said, repeating his government’s resolve to step up manufacturing. “We should dream of ‘Made in India’ products across the world.We need to encourage the manufacturing sector.We need to channelise the strength of the youth through manufacturing,” the prime minister stressed. “Manufactured goods should have zero defect as also zero effect on environment,” he added. More…

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AN ECONOMIC BLUEPRINT FROM A FRESHLY MINTED GOVERNMENT

The Union budget was a clear articulation of the Bharatiya Janata Party’s (BJP’s) economic thinking with a well-defined to-do list comprising the following instructions to itself:

  • Lay down the institutional structure.
  • Get the investment cycle kick-started.
  • Don’t do it yourself—just be the facilitator.
  • Choose the biggest accelerators.

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Corporate Social Responsibility under the Companies Act, 2013

With general elections around the corner the present Indian Government
is seeing that the laws passed in during its tenure come into force as soon as
possible. One such law is the Companies Act, 2013 which has been partially brought into force by the Government in 2013. The provisions of CSR are provided under section 135 of the Companies Act, 2013. More…

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Jain body sets up arbitration forum

Way back in 1979, the notoriously high rate of pendency in India’s courts had prompted the Barjatyas to produce ‘Saanch Ko Aanch Nahin’. The film dealt with the option of arbitration, which offers swift justice to two parties involved in a civil dispute.

Decades on, the problem has only exacerbated, prompting an NGO to offer an institutionalized arbitration service at its Churchgate office. TheJain International Organisation that was inaugurated last week has started theInternational Settlement Forum (ISF). ISF will deliver quick decisions within a few weeks to people of all communities, the only condition is that the parties must agree to abide by the verdict.

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Prosecution of Companies in Liquidation for bouncing of cheques

Introduction

An economic slowdown generally brings along an increase in cases relating to insolvency and financial offences. Once such offence is that of cheque bouncing, which is not uncommon these days. Another facet of economic slowdown is the steep rise in the number of winding-up of companies through courts. In case of companies, cheque bouncing and winding up are like twins which may be born, when a company’s financial position is in doldrums. In this context, the special mention of Maharashtra and Delhi is necessary as these two regions together house the highest number of registered offices of companies limited by shares in India.1 As per details released by the Bombay High Court, in Maharashtra alone, there were 4.68 lakh cheque bouncing complaints instituted for the period from 1 April, 2010, to 31 March, 2012. A similar situation can be seen in Delhi where, for the year of 2008, around 2.93 lakh cheque bouncing complaints were instituted.2 More…

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