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Safeguarding Your Brand: The Role of Trademark Lawyers in Kolkata
As a business owner, you're well aware of the significance of safeguarding your brand and intellectual property. Among the various tools available for brand protection, trademarks stand out as a fundamental element. However, navigating the intricacies of trademark law can be overwhelming without proper guidance. This is where the expertise of a De Penning & De Penning trademark lawyer comes into play. If you're in Kolkata and seeking the services of a trademark lawyer, you've come to the right place.
Protecting Your Trademarks in Kolkata
Our trademark lawyers in Kolkata boast extensive experience and expertise in all facets of trademark law. Whether you're looking to register a new trademark, monitor its usage, or enforce your rights against potential infringers, our team can provide comprehensive legal assistance. We offer guidance on trademark clearance, licensing agreements, and portfolio management to ensure maximum protection for your brand.
Representation in Trademark Disputes
Trademark lawyers in Kolkata also excel in representing clients in disputes related to trademark infringement, counterfeiting, and domain name disputes. With their in-depth knowledge and negotiation skills, they can effectively handle settlements or litigate on your behalf, ensuring your brand's integrity remains intact.
Contact De Penning & De Penning's Trademark Lawyers & Trademark Attorneys in Kolkata
In conclusion, if you're in need of the services of trademark lawyers & trademark attorneys in Kolkata, don't hesitate to reach out to us. With our wealth of knowledge, experience, and a proven track record of success, we provide the legal advice and representation necessary to safeguard your brand and intellectual property. Choose De Penning & De Penning for unparalleled expertise and unwavering commitment to protecting your brand.
Intellectual Property Legal Services:
Patents: Our leading Patent Attorneys in India assist clients in protecting their intellectual property and enforcing their rights throughout the patent application process.
Trademarks: De Penning and De Penning's leading Trademark Attorneys ensure maximum protection for brands and designs, handling any obstacles and ensuring their freedom to operate within the market.
Copyright: Our Copyright Lawyers offer specialist guidance on all aspects of copyright protection, ownership, and infringement in the continually evolving digital world.
Designs: We ensure maximum protection for brands and designs, handling any obstacles and ensuring their freedom to operate within the market.
In today's competitive business environment, protecting your brand is paramount. With De Penning & De Penning's trademark lawyers in Kolkata, you can rest assured that your brand is in safe hands. Contact us today for expert legal assistance in safeguarding your brand identity.
#trademark office in kolkata#patent office kolkata#ipr law firms in kolkata#trademark lawyer in kolkata#online trademark registration in kolkata#law firm in kolkata
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One of the best corporate law firms in Kolkata is Sattva Legal, which provides knowledgeable legal advice on business and intellectual property issues. Our team, which consists of seasoned criminal divorce advocates in the Kolkata High Court and top IPR lawyers in Calcutta, offers expert representation for challenging matters. Sattva Legal is a reputable law practice that provides customized solutions to satisfy clients' needs in the areas of divorce, intellectual property, and corporate law. Select Sattva Legal for trustworthy legal assistance in Kolkata; they are committed to obtaining positive results in a variety of legal matters.
#Best Corporate Law Firms in Kolkata#Top IPR Lawyers in Calcutta#Criminal Divorce Advocates in Kolkata High Court#Sattva Legal#Supreme Court India
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Patent Filing Process in India
The patent application process in India is an important legal structure that promotes innovation by giving inventors exclusive rights to their ideas. Understanding the complexities of this process is critical for individuals and organizations seeking to safeguard their intellectual property. Shekhawat Law outlines the patent filing procedure step by step, making it easier for inventors to manage the legal complexity and protect their discoveries.
What is a Patent?
A patent is a legal right that grants an inventor or assignee exclusive rights to produce, use, sell, or distribute a new invention for a set length of time. Patents in India are governed by the Patents Act of 1970 and maintained by the Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM). Once granted, a patent gives the owner the sole right to prevent anyone from using the protected innovation without permission.
Also Read More: Role of IPR Law Firms
Types of Patents in India
Before diving into the filing process, it is essential to know the types of patents that can be filed in India:
Utility Patent: Protects the functional aspects of an invention.
Design Patent: Protects the aesthetic design of a product.
Provisional Patent: Allows an inventor to secure a filing date for their invention even if it is not fully developed.
Complete Patent: Filed when the invention is complete and ready for evaluation.
Also Read: Different Types of Patent Applications in India
Step-by-Step Patent Filing Process in India
The patent filing process in India involves several stages, from conducting a thorough patent search to receiving a patent grant. Here’s a detailed look at each step:
1. Conducting a Patent Search
Before filing a patent, make sure that the invention is new and has not already been patented by someone else. A patent search determines whether the invention fits the patentability criteria, which include novelty, inventive step, and industrial application. This can be accomplished using the Indian Patent Database or other international databases such as WIPO (World Intellectual Property Organization) or USPTO (United States Patent and Trademark Office).
Shekhawat Law offers comprehensive patent search services, saving innovators time and effort by finding potential overlaps with existing patents.
2. Drafting a Patent Application
Once the patent search is complete and the invention is deemed patentable, the next step is drafting the patent specification. This is a critical document as it defines the scope of protection for the invention. A patent application can be drafted in two formats:
Provisional Application: Filed if the invention is still in the development phase. It provides a filing date and priority but doesn’t require complete details of the invention.
Complete Application: Filed when the invention is fully developed. It contains detailed specifications, including the title of the invention, field of the invention, background, summary, detailed description, and claims.
The claims section is particularly vital as it outlines the extent of legal protection the inventor seeks. A poorly drafted claim can lead to limited protection or even rejection. That’s why professional help, like the patent drafting services offered by Shekhawat Law, is indispensable to ensure accuracy and compliance with Indian patent laws.
3. Filing the Patent Application
The patent application can be filed physically at one of the patent offices in Delhi, Mumbai, Chennai, or Kolkata, or electronically via the Indian Patent Office e-filing system.
After filing, a Patent Application Number is assigned. If a provisional application was filed, the complete specification must be filed within 12 months, or the application would be abandoned.
Also Read: Best Technology Law Firms in India
4. Publication of Patent Application
After 18 months from the filing or priority date, the patent application is automatically published in the Patent Journal. However, the applicant can seek early publication by completing Form 9, which expedites the procedure.
Once published, the invention information are made available to the public, but no rights are granted until the patent is issued. Shekhawat Law can help manage timeframes and ensure a smooth early publication if necessary.
5. Patent Examination
The patent application undergoes an examination to check if the invention meets the patentability criteria. This step is not automatic, and the applicant must file Form 18 (Request for Examination) within 48 months from the filing or priority date.
During the examination, the Patent Examiner scrutinizes the invention for:
Novelty
Inventive step (non-obviousness)
Industrial application
Adequate disclosure
The examiner may issue a First Examination Report (FER) highlighting any objections. The applicant is given six months to respond to these objections. With experienced attorneys from Shekhawat Law handling these objections, applicants can rest assured that their responses will be well-drafted and address all legal concerns.
Read More: Top IPR Law Firms in India
6. Grant of Patent
If the objections are adequately addressed, the patent is awarded and a patent grant certificate is issued. The details of the approved patent are published in the Patent Journal, giving the applicant exclusive rights for 20 years from the filing date.
Once awarded, the patent holder has the sole right to restrict others from manufacturing, using, or selling the invention without their permission.
7. Post-Grant Compliance
To keep the patent alive once it has been awarded, the patent owner must guarantee that the maintenance payments are paid on time. Failure to do so may cause the patent to lapse. In the event of infringement, the patent owner may also seek to enforce their rights through litigation. Shekhawat Law provides post-grant legal support to clients, ensuring that they keep their patent rights and take legal action against infringers.
Also Read: Best Patent Law Firms In India
Why Choose Shekhawat Law for Patent Filing in India?
Filing a patent requires a deep understanding of legal intricacies and technical details. At Shekhawat Law, we offer a comprehensive range of services designed to make the patent filing process seamless for inventors. Here’s why you should choose us:
Expertise: Our team of legal experts and technical professionals specializes in patent law and can handle complex inventions across various industries.
End-to-End Services: From patent searches and drafting to responding to examination reports and handling litigation, we provide end-to-end services.
Customized Solutions: We tailor our services to suit the unique needs of each client, ensuring that their inventions receive the best possible legal protection.
Transparent Pricing: We offer competitive and transparent pricing, allowing inventors to understand the costs involved upfront.
Proven Track Record: With years of experience in handling patent filings, Shekhawat Law has helped numerous clients secure patents for their innovations.
Also Read: The Impact of AI on Intellectual Property Law
Conclusion
Obtaining a patent is an important step toward protecting your intellectual property. The process may appear difficult, but with Shekhawat Law on your side, you can negotiate the complexity of patent filing in India with confidence. Contact us today to learn more about how we can help you protect your innovation and ensure its economic success.
#patent law firms in india#patent application in india#intellectual property law#technology law firms#sudarshan singh shekhawat#gmb post quora sharing#shekhawat law#best technology law firms#top ipr law firms in india
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Lawyers Near Me- Find The Best Legal Consultant And Lawyer
A legal consultant is someone who provides associations and individuals with competent and expert legal guidance for a certain cause. Legal counsel can provide advice on a variety of significant topics based on the nature of their clientele. The basic areas of legal advice include corporate law, property law, commercial law, and clinical law. You must complete the necessary professional experience requirements, receive the appropriate training, and pursue another career in the counseling field in order to become a legitimate advisor.
Advocate Lawyer cover a wide range of practice areas, including civil, criminal, cyber, matrimonial, labor, revenue, IPR, and taxation, among others. If we discuss a reputable legal advisor like Harish Salve. In Delhi, KTS Tulsi, Kapil Sibbal, Salman Khurshid, Siddhartha Luthra, Gopal Subramanian, Parag Tripathi, Mukul Rohatgi, and Sushil Kumar are the top criminal legal consultants and advocates. In Mumbai, Satish Maan Sindhe only practices criminal law. Indra Jai Singh and Abhishek Manu Singhvu are civil attorneys.
Best Legal Consultant:
The largest legal firm in India, Shradul Amarchand Mangaldas and Company, has seven offices spread out throughout the nation in important cities, including Delhi, Mumbai, Kolkata, Ahmedabad, Chennai, Gurgaon, and Bengaluru. The organization's executive leader is Shradul S. Shroff.
More than 300 attorneys from Trilegal India specialize in real estate, energy, and information technology.
With 115 partners, Khaitan and Co. is the oldest law practice in India. It was founded in 1911. The company's practice areas include labor law, the environment, intellectual property, banking and finance, competition law, corporate dispute resolution, and corporate.
Phoenix Legal, founded in 2008, specializes in banking and finance, corporate dispute resolution, exchange control, oil, gas, and mining.
Established in 1991, Luthra & Luthra practices in the areas of commercial disputes, capital markets, banking, and finance, among others.
What does a legal consultant do?
It takes a certain amount of skill to work in legal consulting. Lawyers must understand the law and be able to use it to the benefit of their clients. Additionally, they must be able to convey the law clearly, which is not always simple. Legal consulting can encompass a wide range of activities, including giving customers legal counsel on a specific subject, preparing legal papers, and representing clients in court. Many attorneys focus solely on one or more legal disciplines and may offer consultations on those subjects.
How to Work as a Legal Advisor
Get a bachelor's degree first: You must have a bachelor's degree before enrolling in law school. Despite the fact that you can major in any subject, most people who want to go to law school choose to major in criminal justice, political science, or legal studies. Try to immerse yourself in pertinent topics throughout your programme by enrolling in communications, economics, psychology, English, and government classes.
Get a legal education: As soon as you enroll in law school, you'll study to obtain your Juris Doctor so that you may work as a legal consultant. This degree normally requires three years to complete. You'll concentrate on studying about various legal systems throughout your first year of law school.
Obtain training in a profession: You may start immersing yourself in actual work experiences while enrolled in law school. You will have the opportunity to study throughout your programme through clinical experiences and internships. To get a taste of the job you'll be performing after graduation, look for situations where you may collaborate with actual legal practitioners.
Get your state bar on!: Legal consultants might not be required to pass the state bar examinations, but doing so might make you a more employable candidate. If you want to work as a lawyer in the future, passing the state bar exam is a good professional step. You must satisfy the continuing education requirements after passing the state bar in order to maintain your license.
Acquire expertise: By accumulating appropriate experience, you may convince companies that you are the ideal candidate for the position of legal consultant. Some of the finest methods for improving your CV include working for legal firms and acquiring courtroom experience. Maintain your knowledge of your specialty since companies could seek applicants with a specialized background.
You can search for lawyers near me in Delhi. Lead India provides free legal advice, legal services, and online internet data. In this case, ask a legal question and talk to a lawyer is the best course of action.
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Advocate Lawyer,Lawyers Near Me.
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Internship Opportunity at Sinha & Company, Advocates: Apply Now!
Sinha & Company is inviting applications from eligible candidates for its internship. About Sinha & Company, Advocates A full-service law firm based out of Kolkata, founded in 1993 by Mr Paritosh Sinha (the Advocate-on-Record for the State of West Bengal). Areas of Work A long-term intern for our High Court Original Side Department, which essentially deals with Civil Laws and IPR…
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Global IPR Protection | Overview of Design Protection in India
PUBLISHED ON 24.08.2021 BY MS. APARNA JAIN, MS. HARINDER NARVAN, MS. AASHRIKA AHUJA AND MR. ISHAN BERRYIndustrial designs usually involve protecting a new shape, configuration surface pattern, ornamentation and composition of lines or colours applied to articles which in the finished state appeal to and aesthetically appealing to eyes. The registration and protection of industrial designs in India is administered by the Designs Act of 2000. This Act along with Rules provide for filing of a Design Application in any of the four Patent Offices i.e. Patent Office Delhi, Mumbai, Chennai or Kolkata. However, the prosecution of a Design Application is taken up only at Patent Office Kolkata. Knowledgentia Consultants, being a renowned law firm offering
Global IPR protection
services, provide expert services on all matters concerning filing, registration as well as enforcement of industrial designs within the territory of India.
India joined World Trade Organisation as a “member State” in the year 1995. As a result, the Designs Act, 1911 was repealed and the Designs Act, 2000 was enacted to make the Indian Designs Law compliant with the TRIPS agreement. Novelty under the 1911 Act was determined with reference to India, whereas under the Designs Act, 2000 novelty is determined on a global basis. The classification system of the 1911 Act was based on material characteristics of the article, whereas the Design Rules 2001 and the amendment in 2008 and 2021 provide an elaborate classification based on Locarno Classification system hence for the purposes of the registration of designs and of these rules, articles are classified as per current edition of “International Classification for Industrial Designs (Locarno Classification) published by World Intellectual Property Organization (WIPO)”. Knowledgentia, one of the best corporate international law firm in India offers world class services compliant with national and international statutes when it comes to seeking your design’s protection.
In India, the criteria for registration of industrial design is as follows:-
Finished article appeals to and is judged solely by the eye
New or original.
Not prior published in any country and not publicly known in India.
Is significantly distinguishable from known designs or combination of known designs.
Not a technical or useful function of a product
Not be contrary to public order or morality.
Not be prejudicial to the security of India.
At Knowledgentia, we advise our clients on all pros and cons associated with the aspect of design registration including it being a statutory and a territorial right accruing only basis the on registration. The registered owner thereby has a right to prevent all third parties from producing, importing, selling or distributing products having an identical appearance or a fraudulent or obvious imitation. Registration of industrial design is an asset that can be licensed. Being experts in providing sound legal advice as best litigation firm in India, we ensure to guide our clients about being cautious in not registering a design that is not new or original; or has been disclosed to the public anywhere prior to the filing date; or is not significantly distinguishable; or contains scandalous or obscène matter. The design protection can’t be granted for designs incorporating official symbols or emblems, maps, buildings, stamps, medals etc. Any person who desires to register a design is required to submit relevant documents along with the application including (Form-1) along with the prescribed fees as per schedule 1, stating name in full, address and nationality, name of the article, class number and address for service in India. Further, a Representation (in quadruplicate on durable paper of size 210mm x 296.9 mm with a suitable margin) of the article where drawings, photographs, tracings or other representations including computer graphics should clearly show the features of the design from different views. A statement of novelty and disclaimer (if any) in respect of mechanical action, trademark, work, letter, numerals should be endorsed on each representation sheet which should be duly signed and dated. Further, Priority documents need to be submitted in case of convention application claimed under Section 44 of the Designs Act, 2000.
As one of the best design and patent consultants in India, we advise our clients clearly about timelines and maintenance of their IP. For instance, after an application is made with the Indian Patent Office, an examination report may be issued. Within a stipulated time period i.e., within six months from the date of filing of the design application a reply is required to be filed in response to the objections raised in the examination report. The said period may be extended for a maximum of three months on a request made in Form-18 along with fees as per schedule 1 before the expiry of the stipulated time period of six months.The response may be accepted or rejected by the Controller. If rejected, an opportunity of amending the application or submitting further replies is provided. Once the objections are resolved, the application is accepted and a certificate of registration is issued. The registration is valid for a period of 10 years and can be renewed for another term of 5 years subject to the payment of renewal fee as per schedule 1.
Bet it finding a liable trademark and brand registration firm in India or availing smooth copyright registration services in India, at Knowledgentia Consultants, we ensure providing clear and simple advice for safeguarding and protecting our client’s inventions.
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How to select pleasant divorce advocates in bangalore courtroom
Job at a PSU is the very last dream of check this someone with little ambition, one who's check this satisfied with little paintings, no competition and foolproof job safety. However for the reason that the median age of the Indian populace is within the early 20s so the opposition for each put up each seat could be very stringent. Thus it permits if you could piggyback on a excellent university or college. PSUs recruit human beings through either a written check (open the employment newspaper and you'll find out myriad of jobs with their examination schedules) OR thru direct recruitment from campus. The profits are remarkable right here in PSUs with lot’s of privileges.
It is honestly useful to choose the sector of regulation in the 4th Year of your law college (like, securities regulation, tax, IP regulation, Litigation and so on.) and artwork excellent on that. After deciding on the precise field, start interning in agency/ advocates and senior advocates who deals only with that detail so you can sharpen that skills by way of way of the prevent of the 5th yr. This will will let you crack an interview with out troubles and fetch a assignment proper after college if you hone the expertise properly. Avoid deciding on awesome fields as it will stress you out and you could become with nothing reachable.
If you are from a tier II law college and now not from a tier I law school in India, don’t get disheartened. Life is simple (no longer very easy) in top three regulation faculties in India, however for rest of the law school, it most effective relies upon on the student and his/her competencies. If the pupil is skilful, hardworking and devoted, the university in which he/she is analyzing will not rely.
Top Law Firms In India
Law is the set of legal regulations created via the authorities in a rustic or a certain network to put in force order in the society.Without regulation, chaos and ailment could have dominated the lives of people. So, learning law is quite like mastering concepts, and is taken seriously in every united states of america.
In India, the constitution includes of chapters, sections, and sub-sections of guidelines which take pretty some efforts to have a look at. Indian college students can pursue the route for studying regulation after finishing their senior secondary tests.There are a whole lot of front checks which you can deliver to pursue law from your selected university.The regulation direction generally takes 5 years to complete. After finishing so, college students try and each get a technique inside the authorities place or private regulation corporations.
Law Firms In India
Shardul Amarchand Mangaldas & Co. This firm is actually one of the maximum important regulation groups in India. It has seven workplaces all in the course of the u . S ., which is probably located in number one cities inclusive of New Delhi, Mumbai, Kolkata, Ahmedabad, Bengaluru, Chennai, and Gurugram.Shardul S. Shroff is the government of the organisation. The agency has implanted a a hit global client base with over 110 partners everywhere in the international.
This whole-issuer regulation company is famously stated for its capability to permit business employer and the functionality to provide modern answers. The company has these days received the celebrated pick out of “Innovation in Legal knowledge”.
Trilegal India
This regulation company has greater than 3 hundred legal professional personnel throughout four offices in Bangalore, Mumbai, New Delhi, and Gurgaon.The company may be very well known for its services in issues related to real property, infrastructure, electricity, technology, and facts era-enabled services.The corporation physical activities prison movements to be taken at the same time as entering into a joint assignment commercial enterprise in India. The business enterprise gives career possibilities to talented prison experts in one of the many exercise regions available. They offer a appropriate environment for analytical thinking and research on a specific depend.
Khaitan & Co.
This is one of the oldest law companies in India which has one hundred fifteen companions. The enterprise business enterprise became determined through way of Late Debi Prasad Khaitan in the year 1911.The exercise areas of the enterprise embody Banking & Finance, Capital markets, Competition regulation, Corporate, Dispute Resolution, Energy, Hospitality, Infrastructure and Resources, Environment, Intellectual belongings, Funds, hard work and employment together with other fields which encompass taxation, era, media & telecom.The company has many recommended customers and has previously received the prize for the excellent law corporation of the twelve months.
Sagar Associates
This is one of the essential regulation companies in India with over greater than three hundred legal professionals.They have 80-six companions and places of work in the course of Ahmedabad, Bengaluru, Chennai, Gurugram, Hyderabad, Mumbai, and New Delhi.The firm excels in supplying felony advice and services to international and home customers. They do offer legal answers in selected areas of practice with a stable emphasis on ethics.They personal a few well capable companies who can offer the nice satisfactory of offerings to be had. The headquarter of this law company is in Gurugram, Haryana. It have become determined in 1991 as a small partnership firm and when you consider that then, it has multiplied into an professional group.
DSK Legal
This is a full company younger but drastically certified regulation corporation determined in the yr 2001. After almost two a long term, the enterprise has been a success in constructing a top notch reputation in fields of company and business offerings, actual assets, taxation, and dispute decision.They have workplaces in Mumbai and Delhi. Strict requirements are maintained via the organisation to contain customer confidentiality. Guaranteed results are introduced primarily based at the services in time and recorded costs to keep transparency inside the method of hard work.
AZB & Partners
This corporate law company has locations for the duration of Mumbai, Delhi NCR, Bangalore, and Pune. They are experts in areas of preferred corporation problems, Banking and finance practices, dispute resolution, actual assets, opposition law, capital markets, finances, and opposition regulation.It has extra than ninety partners and become based with the aid of Zia Mody in 2004. It has obtained recognition global for its work and turn out to be ranked as number one amongst the Indian Law Firms in the yr 2017.The corporation takes duty for domestic in addition to international clients.
Anand & Anand
This regulation corporation belongs to the batch of every different of the oldest law corporations in India. With some of approximately hundred personnel, this enterprise has an area of facts in contentious and non-contentious IP, sports regulation, taxation, copyright, trademarking, licensing and border enforcement.It has eighteen companions and has offices in Mumbai, Noida, Delhi, and Chennai. This company is diagnosed as one of the exquisite IPR law corporations in India.The agency has a key hobby location in innovation and offers creative solutions to one of a kind elements of dispute which they manipulate.
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Top 10 Law Firms in India: How to get into a Law Firm (2022)
This article on 'Top 10 law firms in India: All you need to know' was written by Ankita Kumari, an intern at Legal Upanishad. All law graduates should look for internships and jobs in the field as soon as they graduate from college. One of the best ways for people to advance their careers is to join a law firm. A law firm is a place where one can work to represent their clients in civil and criminal disputes as well as business transactions as a partner, consultant, or legal counsel. Here is a list of the top 10 law firms in India, along with information about their founding year and how can you get into a law firm.
How to get into a law firm:
When recruiting for jobs and internships, law firms anticipate that you will be well-versed in drafting, and judicial procedures and have great communication skills. Getting a law firm as a fresher might look difficult but you can get it by acquiring proper skills. You must first determine the many categories of law firms, the work they handle, the kinds of customer solutions offered, the qualifications needed to work in a law firm, and what is expected of an associate. To stand out, establish a track record and exhibit your work. The odds of not coming from a reputable law school, not doing well in law school, or simply not knowing anyone who can suggest you can all be overcome with the right preparation.
Top 10 Law Firms in India:
- Shardul Amarchand Mangaldas & Company: A full-service Indian law firm, Shardul Amarchand Mangaldas & Company (commonly known as SAM & Co), provides legal services. The Firm replaced its predecessor Amarchand & Mangaldas & Suresh A Shroff on May 11, 2015. SAM & Co. is renowned for its expertise in capital markets, banking & finance, projects & infrastructure, private equity, insolvency & bankruptcy, dispute resolution, and competition law. The business routinely provides advice to some of the major MNCs, Private Equity Funds, and Indian corporate houses. It has 118 partners and offices located throughout seven different cities in India. - Khaitan & co.: A renowned full-service law firm in India with offices in Kolkata (also known as Calcutta), New Delhi, Bengaluru (also known as Bangalore), Mumbai (also known as Bombay), Chennai (also known as Madras), and now also in Singapore, Khaitan & Co. was founded in 1911. It currently has over 800 fee earners and 180 Partners. By all reputable publications, Khaitan & Co. is regularly acknowledged as a top-tier legal firm across all of its practices. Khaitan and Co. offer excellent expertise throughout practices, from banking to taxation, mergers to dispute resolution, and even new age and dynamic areas like data privacy and competition law. - Trilegal: Trilegal is also one of the top legal firms in India, founded in 2000, and has offices in Bangalore, Gurugram, Mumbai, and Delhi. The company offers services in the following fields: banking, capital markets, private equity, corporate and commercial disputes, intellectual property, competition law, infrastructure, energy, technology, and IT-enabled services. - Anand & Anand: One of the earliest groups of law companies in India, founded in 1979, includes this one. This company has roughly 200 workers and specializes in both contentious and non-contentious intellectual property, sports law, taxation, copyright, trademarking, licensing, and border enforcement. It has offices in Mumbai, Noida, Delhi, and Chennai and has eighteen partners. This company is regarded as one of India's top IPR legal companies. The firm's primary area of interest is innovation, and they provide original solutions to the various types of disputes they manage. - AZB & Partners: In 2004, AZB & Partners was established with the specific goal of offering clients across all industries trustworthy, useful, full-service assistance. The firm’s primary areas of work specializations are banking and finance, capital markets, competition law, insurance, Real estate, and many more. The Firm has won numerous awards in the legal field, including "Rank No. 1" by RSG Top 40 India law firm ranking 2019 and other accolades. - J Sagar Associates: J Sagar Associates was set up by Jyoti Sagar in 1991. Ahmedabad, Gurgaon, Hyderabad, Bengaluru, Chennai, New Delhi, and Mumbai are the locations of JSA's offices. The sectors in which the company provides specialization are, Asset Management & Financial Institutions, Media, Entertainment & Information, Communications (Telecom & Broadcasting), Hospitality & Leisure, Insurance, Consumer Products, Industrial Products & Durables Defense & Internal Security, Energy (Power, Oil & Gas), etc. - DSK legal: This full-service law company was established in 2001 and is young yet very experienced. The company has been successful in establishing a solid reputation in the fields of corporate and commercial services, tax, and Real estate. They have locations in Delhi and Mumbai. The firm upholds strict standards to protect client confidentiality. To preserve openness in the working process, guaranteed outcomes are supplied based on the provision of services on time and at the reported cost - Luthra & Luthra Law offices: Rajiv K. Luthra founded this law business, which has offices in Mumbai, Delhi, Bangalore, and Hyderabad. Rajiv K. Luthra started his profession in 1978. Aviation, Arbitration, Intellectual property, Tax, Fund, Private Equity, Project finance, etc. are the sectors that are covered by Luthra & Luthra. - Desai & Dewanji: This firm is highly renowned for the compensation package it offers its attorneys. It was discovered in 1930 by Mr. Apurba Dewanji and Vishwang Desai. The offices are spread across the nation's three most important cities: Mumbai, Delhi, and Gurugram. The business has employed some brilliant attorneys and has prospered by meeting customer needs. The firm handles disputes including business issues, capital market issues, project and infrastructure issues, banking and finance issues, and financial dispute resolution. - Talwar Thakore & Associates: To provide excellent legal counsel on the ground in India, TT&A combines knowledgeable partners with a solid, devoted workforce. Finance, corporate Merger &Acquisition and investments, debt capital markets, financial regulation, and competition law are Talwar Thakore & Associates' main areas of concentration.
Top 10 law firms in India: All you need to know
Conclusion:
To get into a law firm, you must acquire several skills. In addition to various soft talents, you also need to be familiar with certain hard legal abilities. There is plenty to learn about research, communication, time management, handling many deadlines, organizing your work, accepting input from seniors, and determining the difference between what you desire and what your supervisor wants. On the other hand, if you perform well and acquire the right skills, which law firms expect law students to have, that will open new and best opportunities for any law student. Doing work with dedication may receive a greater bonus and you will get a doorway to step into your dream job.
References:
- Shardul Amarchand Mangaldas & Co., Wikipedia, Retrieved: https://en.wikipedia.org/wiki/Shardul_Amarchand_Mangaldas__Co - AZB & Partners. Retrieved: https://www.asialaw.com/Firm/azb-partners/Profile/1019#undefined - Talwar Thakore & Associates. Retrieved: https://globalcompetitionreview.com/organisation/talwar-thakore-associates Read the full article
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Webinar on Intervention & Support of MSME through IPR post COVID-19: 11th May 2020
Intellectual Property Rights (IPRs) are important instruments to foster a culture of innovation. IPRs essentially protect brands, inventions, designs, creative, and literary works from being copied and commercially exploited by third parties. They grant exclusivity to the creators or owners of IPRs to commercially exploit their works. The exclusivity and potential gains by commercial exploitation of the IPRs act as an incentive to promote innovation in various fields. IPR protection grants legal rights in favour of the rights owner who may restrain third parties for using his IPRs and also claim damages.
MSME sector is one of the largest contributors to the Indian economy, however, awareness about IPRs is lacking in Indian MSMEs. IPRs include trademarks, copyrights, patents, geographical indication and industrial designs and protecting them enhances the competitiveness of Micro, Small & Medium Enterprises (MSMEs). Intellectual Property Awareness Scheme was launched by the Cell for IPR Promotion and Management (CIPAM) in association in association with the MSME-Development Institute, Kolkata under the Ministry of MSME, Government of India with an objective to enhance the awareness of IPR in the MSME Sector by conducting seminars/workshops covering topics like international filing procedures, impact of counterfeiting and piracy, promote government schemes for filing of IPRs and how to use IPR as an asset to grow business.
During this global pandemic, these small scale enterprises have shown tremendous economic potential in the form hosting their businesses on online platforms to increase consumer outreach. A business that has a trademark or a logo or any mark that distinguishes them from their peers, among their customers/clients, and registering it can just ensure that nobody else in their trade or industry is able to use that mark anymore, and this exclusivity allows the MSME to attach goodwill, of quality product/service, to that mark at lower costs. This is the time to advertise these protected assets to the masses in order to gain recognition and demand in their respective industries.
Some examples include- Copyright on any original literature, from regulatory to marketing literature such as brochures, pamphlets, package insert, product manuals etc, restraining anyone else in their industry from using that patented product, machine or process in their (competitors’)factories, Geographical Indications (GI), held by a collective such as an association of industries or handicraft makers like Banarasi Silk, Darjeeling Tea, Chanderi Fabric, Udayagiri Wooden Cutlery, allow the MSMEs of that geographical region by which these GIs are identified to use the related marks and/or logos on their products, and preclude MSMEs of other regions from branding.
Besides, the various speakers from MSME Department, Govt.of India and the Federation of Associations of Small Industries of India, the eminent IP Attorney Biswajit Sarkar who is widely regarded in the industry circles will speak for the program. He is having wide experience of handling complicated matters in IPR and successfully completed two world-renowned cases, such as registration of a particular address as trademark of 6 Ballygunge Place and creating copyright protection for Missionaries of Charity founded by Mother Teresa. Mr.Biswajit Sarkar is empanelled with different Embassies, Consulates and Chambers of Commerce.
To give back to the society, his firm regularly takes interns from law institutes countrywide. Mr.Sarkar is regularly invited by Universities, Law Colleges, National Judicial Academy, Government Bodies and various Chambers of Commerce to give lectures to spread awareness of the role of IP in modern business.
LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. You can click on this link and join:
https://t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA
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A Guide to the Startup India initiative by DIPP
In this article, Sandip Ghosh, a student pursuing Diploma in Entrepreneurship Administration and Business Laws from NUJS, Kolkata discusses the Startup India program started by DIPP.
Introduction
A startup company is an entrepreneurial venture which is typically a newly emerged, fast-growing business that aims to meet a marketplace need by developing a viable business model around an innovative product, service, process or a platform. The concept had been introduced in India on 16th January 2016 by the Government.
About DIPP (Rules and Functions of the Department)
The Department of Industrial Policy & Promotion was established in the year 1995 and has been rebuilt in 2000 with the merger of Department of Industrial Development. The primary rules and functions are as follows:
It formulates and implements the Industrial policies in conformity with the industrial needs and national objectives.
It provides advice to all technical and industrial matters and monitors the growth of industries specifically assigned to it.
Formulation of Foreign Direct Investment (FDI) policy and promotion, approval and facilitation of FDI.
Providing encouragement to foreign technology collaboration at an enterprise level and prepare policy matter for the same.
Prepare the policy related to IPR (Intellectual Property Right) – Patents, Trademarks, Industrial Designs and Geographical Indications of Goods and administration of regulations.
Administration of Industries (Development & Regulation Act), 1951.
Promoting Industrial development to the Industrial backward areas especially North-East region including international cooperations for Industrial Partnership.
Promoting productivity, quality and technical cooperations.
Definition of a start up by DIPP
As per DIPP startup means an entity, incorporated or registered in India which fulfils the following criteria:
The period must not exceed seven years from the date of incorporation and in case of Biotechnology sector, it is up to 10 years.
It can be incorporated as private limited company or registered as a partnership firm or a limited liability partnership.
The annual turnover must not exceed INR 25Cr for any financial year since incorporation/registration.
It should work towards the innovation, development or improvement of products or processes or services, or it is a scalable business model with a high potential of employment generation or wealth creation.
Exclusion
Any company formed after splitting up from existing business shall not be considered as ‘Startup’.
For recognition of your startup
Under the Startup India Action Plan, startups that meet the definition as prescribed under the notification G.S.R 364(E) are eligible to apply for the recognition under the programs.
Startups can also apply for exemptions on profit under the Section 80-IAC of Income Tax Act and exemption on investment above fair market value under Section 56of Income Tax Act.
The Documents required for recognition of the Startup:
Company Incorporation;
Company Registration with the Income Tax-Pan, Tan, VAT and GST;
If the proposed business is Software development only for Exports, then the Company should be registered with the Software Technology Parks, India;
If the proposed business is related to manufacturing then different requirements are to be met with;
If the business is related to the services sector, the law will be different;
A company has more than 20 employees must have to register with the provident fund;
Shop and establishments must be registered with the local authority;
If the company is involved with export and import must have the necessary registration;
Employee-related legal documents;
Investor related legal documents;
Please find the benefits offered to recognized startups here.
How to register your Startup Business with Startup India
The registration of the startups is very short and simple. One must login to https://www.startupindia.gov.in/registration.php and follow the steps given in the same.
New Definition of startup by DIPP and its requirement for changes
On the early stage, despite of year of its launch, there is no significant progress seen because of the stringent norms and regulations. Up to May 2017, DIPP could only recognize 798 applicants as startups and only 10 of those have availed the tax benefits.
Initially during innovation was proposed as the base of any entity being considered a startup. The entity to be identified as start up as per the earlier definition given.
In recent time, Government of India has further enlarged the definition of “Startup India, Standup India” initiative introduced in January 2016. From now on the overall age limit has been increased from five to seven years and has been further extended to 10 years for biotech startups.
In March 2017, The Department of Industrial Policy & Promotions (DIPP) had invited feedbacks and suggestions from various industries in India in order to alter the definition of the startups.
The Changes that are infused in the definition of Startup and its policy are as follows
The Government had announced to take job creation capabilities and financial standards of the Startups as a measure to gain benefits from startup India plans.
The tax rates of SME’s with an annual turnover up to $7.6Mn are reduced to 25%. Further to this Government with effect from April 2018 has allowed carrying forward and setting up the loss of startup for seven years.
For obtaining tax benefits startups are not required to get a letter of recommendation from an industry association.
Companies that are incorporated after March 2016 can now avail a tax holiday of three years of their seven years of existence, earlier the limit was three years out of five years.
The Government will provide startups with 80% rebate while filing of patents vis-à-vis other Companies. This will help the companies in their initial year of formation.
These changes are made to ease of starting up a new business to promote the startup ecosystem and build a nation of job creators than job seekers.
Apart from putting relaxation on setting up the process, Government has moved one step ahead to fast-track the activities. For instance, as per the latest report on April 15, 2017, panels of 423 facilitators for patent design applications and 596 facilitators for Trade Mark application has been created for providing assistance in the filing of IP applications and to make the process faster for filing and acquisitions.
As mentioned above, in the recent years, Government of India has introduced several measures to help the startup ecosystems including amending the definition of the Startup that will definitely help in addressing few burning concerns by encouraging indigenous development and talent.
Discussion with DIPP secretary Mr. Ramesh Abhishek tells that how the above-mentioned change points have boosted the startup registration. See here.
List of entities recognized by DIPP as a startup can be accessed here
Conclusion
This initiative by the Government of India has created a new dimension to the entrepreneurship by helping the newcomers in setting up their business as well as makes a live network of startups through the connection. This is a platform provided by the Government to the highly skilled professionals who can generate new jobs and fulfill the dream of developed India by the year 2022 with the availability of house, electricity and all other basic needs.
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A Guide to the Startup India initiative by DIPP syndicated from https://namechangersmumbai.wordpress.com/
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High tariff makes India less attractive to US investors: Envoy
IANS
(21:48)
Kolkata, May 2 (IANS) Expressing disappointment at the Indian government's decision to increase tariffs on 50 import items, US Consul General in Kolkata Craig Hall on Wednesday said the high tariff baseline made India a "less attractive" destination for American investors. "The US was disappointed to see India unilaterally increase the tariff rates of 50 line items in this year's Budget raising a high tariff baseline already higher. This makes India a less attractive destination for US investors," Hall said in a session organised by the Merchants' Chamber of Commerce and Industry here. "The US maintains one of the lowest average applied tariff rates in the world at 3.4 per cent while India's average applied tariff rate is 13.4 per cent. Almost one half of all tariffed items imported in the US are duty free whereas less than three per cent of goods coming into India qualify for duty free status." The envoy expressed concern over market access restrictions of US-based diary and poultry items in India while mentioning that America's trade deficit of $28 billion with India last year is neither acceptable nor sustainable from the US perspective. He also said that India has closed its legal system to foreign law firms and the educational sector -- US universities are not allowed to establish campuses in India or invest in a meaningful way in joint ventures. Hall said the US government is also concerned about weak copyrights in India and challenges to patents, particularly in agro-technology and pharma. "In pharma, the Indian government is setting price ceiling on drugs and medical equipment, which the US sees a violation of IPR." He claimed that India also contributes to the overcapacity and subsidy on steel items to an extent along with China and said the overcapacity and subsidy on steel by other countries diminishes America's steel production base, thereby causing a threat to America's national security.
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Why Should You Opt for Protecting Your Intellectual Property?
As a business owner, you regularly manage many assets on a day-to-day basis, but you may be neglecting a significant aspect of your business, which is the intellectual property. Whether you own a small or a medium sized business, you would never want someone to steal its uniqueness and call it their own. Your intellectual property includes your intangible assets like the names, logos, designs and the symbols used for your business. All these forms of intellectual properties need to be monitored and protected just like all tangible possessions. IPR firms in Kolkata and IPR firms in Chennai and in other cities in India can help in protecting your assets.
Your IP rights can be helpful in following manners:
● Set your business apart from market competitors
● IP rights can be sold or even licensed, provide an important income stream
● These always offer customers something new and different
● IP rights play an essential part in your brand marketing
● IP rights can also be used as security to borrow loans
Get an understanding of different aspects of IP laws and make an informed decision on which one you should go with.
● Copyrights: These come into effect immediately for something that can be created or set on film, on paper, via sound recording, etc. Merits of copyrights are that these come into effect immediately and no official registration is required. On the other hand, there are some demerits as well; such as copyrights don’t protect an idea, but only the way in which it is expressed. A copyright must be enforced to be effective and it is your responsibility to legally declare if you feel it has been infringed, which also involves legal costs.
● Trademarks: A trademark is a sign that can distinguish a trader’s goods and services from other traders’. Trademarks can include words, designs, pictures, logos, phrase, or a combination of any of these. Merits of trademarks are that no one can legally take advantage of your customers’ good will, generated by the business under your name, with a registered trademark for your business. Along with all trademark registration advantages by your side, you have some demerits too, such as registered trademark doesn’t entitle you to related internet domain names.
Since brand identity represents its originality, quality, and its customers’ goodwill, you can’t let anyone take undue advantage of stealing away the identity of a brand that you created. Now you’ve known the positives and the negatives of IP laws; so based on your current requirement and rules related to IP rights, you can make a right choice to protect your intellectual property. Although some of the IP rights are automatically safeguarded by IP laws, you can apply for many other types of legal protection. IPR firms in Kolkata and IPR firms in Chennai can offer expert advice in your applications for IP rights.
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World Intellectual Property Day, 2020
This is written by Biswajit Sarkar.
The coronavirus, the deadliest pandemics in the history, has resulted in countless changes in our daily life. The changes are also happening in the arena of Intellectual Property Rights. The medical innovations for vaccine or new and improved testing devices are facing on-going demands. On the parallel note, the demand for health care products, hygienic foods or safety tools is unbounded. Thus, the various intellectual property rights such as the patent applications for protecting the scientific innovations or the presence of quality products with reputed trade marks are on the move. Biswajit Sarkar IP in association with the US Consulate General, Kolkata and American Centre, will be using a webinar to discuss upon such questions of vital importance and will engage in a stimulating conversation discussing about the impact of the virus in the realm of IP.
Click Above
Every year on 26th April, the WIPO promote the World IP Day to raise awareness of IPR. To move ahead with the awareness of IPR , the American Consulate , Kolkata , American Centre and Biswajit Sarkar, IP Law Firm have initiated the online discussion with the IP Professionals from USA as well as India, to exchange the thoughts and observations related to existing IPR Systems in the Post COVID scenario.
LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. You can click on this link and join:
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IPR benefits from DIPP ‘Start-up India’ Program
In this article, Prakarsh Seth, pursuing Diploma in Entrepreneurship Administration and Business Laws from NUJS, Kolkata discusses the IPR benefits available under DIPP Startup India Program.
Start-up India
Start-up India is an initiative by the government of India which was first announced by Prime Minister Narendra Modi. This program was formed for the simplification of the process of new entrepreneurs. The three main objectives of this program are
• Simplification and Handholding. • Funding Support and Incentives. • Industry-Academia Partnership and Incubation.
This program is organised by Department of Industrial Policy and Promotions (DIPP). The focus area of this scheme is to discard the license raj and focus on simplifying the process pertaining to the domain of Land Permissions Foreign Investment Proposals, and Environmental Clearances.
Start-up Definition
As per the website of start-up India, the following criterion has been given for an entity to qualify as a start-up. Therefore, to avail the benefits under the scheme of start-up India, the following tests have to be passed:
1) The venture shall be started and has not crossed the age of 7 years, which shall be calculated from its date of incorporation/registration. In case of biotechnology firms, the age limit has been increased to 10 years.
2) the incorporation of the venture shall be done as:
a) Private Limited company or b) Registered Partnership or c) Limited Liability Partnership.
3) The turnover for any fiscal year shall not exceed INR 25 Crore.
4) The entity’s existence should not have been come into existence via the means of splitting up or reconstruction of a business already in existence.
5) The entity shall be working towards innovation, development or improvement of products or services. It can also be considered as a start-up if the potential of the business succeeding is high or is involved in high employment creation/ wealth creation.
IPR and Start-ups
IPR activity in India has shown significant growth in the last few years. The number of Patents filed has increased to a multiple time. The ministries have taken various initiatives to ensure that the intangible assets which have been registered are protected.
Benefits available for IPR under DIPP
Scheme for Facilitating Start-Ups Intellectual Property Protection (SIPP)
• This Scheme has been started by the government of India to nurture their innovation and creativity. • This further helps in encouraging and promoting awareness IP in start-ups. • It helps in promoting technologies in the start-up culture.
Importance of Registration
1) Self-Certification – This is an effective way to reduce the reduce the liability of certification as the start-ups are allowed to self-certify compliance with 9 labour laws and environmental laws. No inspection shall be done, for cases dealing with labour laws, for a period of minimum three years.
2) Start-up Patent application – This fast tracks the process of filing the patents and further grants a rebate of 80% in filing patents. This rebate will be provided on the total value of the patent fees and shall be provided once the patent is filed.
3) Public Procurement – This ensures that the opportunities given for start-ups and experienced entrepreneurs are equal. This has been changes as earlier there was a requirement of having a prior experience and or prior turnover but this has been relaxed for start-ups.
4) Winding Up of the Company– This ensures that the winding up of the company can be done in the period of 90 days under the insolvency and Bankruptcy Code 2016.
5) Investment – this has made possible the availability of INR 10,000 core worth of funds for investments into start-ups via the means of alternative investment.
6) Credit – This ensures that there is an availability of INR 2,000 crore worth o credit for start-ups through national credit guarantee trust or SIDBI over 4 years.
7) Tax exemptions – This ensures that there is a tax exemption of Income-tax for a period of 3 years. Further, this also provides for exemption on capital gain and on investments above fair market value which is made by incubators or angel investors.
8) Learning – This programme will provide opportunities to learn from the experienced and shall also promote the research and innovation among students.
9) Mobile application– The start-up India provides the facility to companies to register via a single platform on the mobile application. This process has resulted in the simplification and has made the process very easy.
How to avail IPR benefits
The ministry of commerce and industry in its recent move, for the purpose of ease of doing business, has stated that the businesses now have to get a certificate of recognition from DIPP. This certificate will be sufficient to avail all the benefits pertaining to IPR which are provided by the start-up India Programme.
This is a welcome move as earlier the budding entrepreneur had to go through an elaborate process of approaching an inter-ministerial board to get the intellectual property benefits.
This announcement was made at the Start-up India State’s conference.
Start-ups have also been made eligible for expedited examination of patent applications.
How to Avail the Certificate of recognition from Department of Industrial Policy and Promotion (DIPP)?
There are two procedures which have been laid out. The first one talks about the scenario wherein there has not been an application of a patent and the other one talks about the scenario where there has been an application for a patent.
For applicants who have NOT filed an application for Patent
The application form is available on the Start-up India website under the registration column. The following information has to be filed • Name of the entity • Nature of the venture- whether it is a private limited company or a partnership or a limited liability company. • The registration number or the incorporation number depending upon the nature of the venture • Date of the registration or incorporation • Address or registered office • Details of the authorised representative • Details of the partner
The following documents are also required to support the application 1. Letter of recommendation 2. Letter of support by Incubator
There has been a formation of panel of facilitators for providing assistance and support in filing application for IPR. The facilitation cost shall be borne by the Department Of Industrial Policy And Promotion.
3. Letter of recommendation, from an incubator established in a post-graduate programme. This has to be in a form as specified by DIPP. 4. Letter of Funding from Government of India or any state government. 5. In case the state government or the Central government has provided funds with respect to scheme pertaining to innovation promotion, then the letter of funding from the central or state government. 6. Letter of funding of not less than 20 percent in equity by any Incubation Fund/Angel Fund/Private Equity Fund which are duly registered with Securities Exchange Board of India which endorses the innovative nature of business. If the funding by SEBI is not less than 20% in equity via any of the abovementioned funds which have endorsed the innovative nature of the business of the entity to the applicant, only then the letter of funding can be submitted. 7. Letter of recommendation from Industry association recognized by DEPARTMENT OF INDUSTRY POLICY AND PROMOTION – A Recommendation Letter can be obtained by any Industry Association or Organisation which is recognized by DIPP.
Further, on the start-up India website, the organisations which provide funding has been given.
The format of all the letters which have to be submitted has also been uploaded on the same website and shall be strictly followed.
The time for the application to be processed shall be around 10-25 working days.
For applicants who have filed an application for Patent
Under this category, the procedure, which pertains to applicants who have filed for patent and as a result of which it has been published, is given.
1. The details which are mentioned above, under the first category, have to be filed on the start-up India website.
2. The option of “patent filed and published by the office of India Patent in the area of nature of business being promoted” shall be selected in the nature of recommendation
3. In the category of supporting documents for the recommendation, the journal extract of the patent application shall be uploaded.
4. The registration certificate or the incorporation certificate shall be uploaded depending upon the nature of your entity.
5. Under the column of brief note of your innovativeness of the product or service offered, the document providing the details of your company pertaining to the nature of the business and explaining your innovativeness shall be uploaded. This shall be in a PDF format.
6. With respect to tax benefits, there are two options which can be opted-
a) If you wish to opt for tax benefits – the process here will be cumbersome and time consuming as the application has to go through the Inter-Ministerial board for evaluation.
b) opt out for Tax benefits- If the aim of your enterprise is only to get the IPR benefits and you wish to save time and effort, then opting out for tax benefits can be considered.
7. The application shall be submitted as it has been self-certified.
If there has been any false information or the application has been uploaded without uploading any other document, or there has been a forging of a document, then the applicant shall be liable to a fine of rupees 25,000.
Points to remember
By the start-up India initiative, the government of India aims for simplification, funding support and industry-academia partnership. DIPP is the organisation responsible for its conduct. Not all ventures can come under the definition of start-up as the conditions mentioned above have to be satisfied. The start-up has to be registered to avail a number of benefits. Start-ups have to get a certificate of recognition from DIPP the process for which has been simplified. To avail the benefits from DIPP there are two ways to get certification as the procedure is different for start-ups who have applied for a patent and for those which haven’t is different.
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A Guide to the Startup India initiative by DIPP
In this article, Sandip Ghosh, a student pursuing Diploma in Entrepreneurship Administration and Business Laws from NUJS, Kolkata discusses the Startup India program started by DIPP.
Introduction
A startup company is an entrepreneurial venture which is typically a newly emerged, fast-growing business that aims to meet a marketplace need by developing a viable business model around an innovative product, service, process or a platform. The concept had been introduced in India on 16th January 2016 by the Government.
About DIPP (Rules and Functions of the Department)
The Department of Industrial Policy & Promotion was established in the year 1995 and has been rebuilt in 2000 with the merger of Department of Industrial Development. The primary rules and functions are as follows:
It formulates and implements the Industrial policies in conformity with the industrial needs and national objectives.
It provides advice to all technical and industrial matters and monitors the growth of industries specifically assigned to it.
Formulation of Foreign Direct Investment (FDI) policy and promotion, approval and facilitation of FDI.
Providing encouragement to foreign technology collaboration at an enterprise level and prepare policy matter for the same.
Prepare the policy related to IPR (Intellectual Property Right) – Patents, Trademarks, Industrial Designs and Geographical Indications of Goods and administration of regulations.
Administration of Industries (Development & Regulation Act), 1951.
Promoting Industrial development to the Industrial backward areas especially North-East region including international cooperations for Industrial Partnership.
Promoting productivity, quality and technical cooperations.
Definition of a start up by DIPP
As per DIPP startup means an entity, incorporated or registered in India which fulfils the following criteria:
The period must not exceed seven years from the date of incorporation and in case of Biotechnology sector, it is up to 10 years.
It can be incorporated as private limited company or registered as a partnership firm or a limited liability partnership.
The annual turnover must not exceed INR 25Cr for any financial year since incorporation/registration.
It should work towards the innovation, development or improvement of products or processes or services, or it is a scalable business model with a high potential of employment generation or wealth creation.
Exclusion
Any company formed after splitting up from existing business shall not be considered as ‘Startup’.
For recognition of your startup
Under the Startup India Action Plan, startups that meet the definition as prescribed under the notification G.S.R 364(E) are eligible to apply for the recognition under the programs.
Startups can also apply for exemptions on profit under the Section 80-IAC of Income Tax Act and exemption on investment above fair market value under Section 56of Income Tax Act.
The Documents required for recognition of the Startup:
Company Incorporation;
Company Registration with the Income Tax-Pan, Tan, VAT and GST;
If the proposed business is Software development only for Exports, then the Company should be registered with the Software Technology Parks, India;
If the proposed business is related to manufacturing then different requirements are to be met with;
If the business is related to the services sector, the law will be different;
A company has more than 20 employees must have to register with the provident fund;
Shop and establishments must be registered with the local authority;
If the company is involved with export and import must have the necessary registration;
Employee-related legal documents;
Investor related legal documents;
Please find the benefits offered to recognized startups here.
How to register your Startup Business with Startup India
The registration of the startups is very short and simple. One must login to https://www.startupindia.gov.in/registration.php and follow the steps given in the same.
New Definition of startup by DIPP and its requirement for changes
On the early stage, despite of year of its launch, there is no significant progress seen because of the stringent norms and regulations. Up to May 2017, DIPP could only recognize 798 applicants as startups and only 10 of those have availed the tax benefits.
Initially during innovation was proposed as the base of any entity being considered a startup. The entity to be identified as start up as per the earlier definition given.
In recent time, Government of India has further enlarged the definition of “Startup India, Standup India” initiative introduced in January 2016. From now on the overall age limit has been increased from five to seven years and has been further extended to 10 years for biotech startups.
In March 2017, The Department of Industrial Policy & Promotions (DIPP) had invited feedbacks and suggestions from various industries in India in order to alter the definition of the startups.
The Changes that are infused in the definition of Startup and its policy are as follows
The Government had announced to take job creation capabilities and financial standards of the Startups as a measure to gain benefits from startup India plans.
The tax rates of SME’s with an annual turnover up to $7.6Mn are reduced to 25%. Further to this Government with effect from April 2018 has allowed carrying forward and setting up the loss of startup for seven years.
For obtaining tax benefits startups are not required to get a letter of recommendation from an industry association.
Companies that are incorporated after March 2016 can now avail a tax holiday of three years of their seven years of existence, earlier the limit was three years out of five years.
The Government will provide startups with 80% rebate while filing of patents vis-à-vis other Companies. This will help the companies in their initial year of formation.
These changes are made to ease of starting up a new business to promote the startup ecosystem and build a nation of job creators than job seekers.
Apart from putting relaxation on setting up the process, Government has moved one step ahead to fast-track the activities. For instance, as per the latest report on April 15, 2017, panels of 423 facilitators for patent design applications and 596 facilitators for Trade Mark application has been created for providing assistance in the filing of IP applications and to make the process faster for filing and acquisitions.
As mentioned above, in the recent years, Government of India has introduced several measures to help the startup ecosystems including amending the definition of the Startup that will definitely help in addressing few burning concerns by encouraging indigenous development and talent.
Discussion with DIPP secretary Mr. Ramesh Abhishek tells that how the above-mentioned change points have boosted the startup registration. See here.
List of entities recognized by DIPP as a startup can be accessed here
Conclusion
This initiative by the Government of India has created a new dimension to the entrepreneurship by helping the newcomers in setting up their business as well as makes a live network of startups through the connection. This is a platform provided by the Government to the highly skilled professionals who can generate new jobs and fulfill the dream of developed India by the year 2022 with the availability of house, electricity and all other basic needs.
The post A Guide to the Startup India initiative by DIPP appeared first on iPleaders.
A Guide to the Startup India initiative by DIPP published first on https://namechangers.tumblr.com/
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IPR benefits from DIPP ‘Start-up India’ Program
In this article, Prakarsh Seth, pursuing Diploma in Entrepreneurship Administration and Business Laws from NUJS, Kolkata discusses the IPR benefits available under DIPP Startup India Program.
Start-up India
Start-up India is an initiative by the government of India which was first announced by Prime Minister Narendra Modi. This program was formed for the simplification of the process of new entrepreneurs. The three main objectives of this program are
• Simplification and Handholding. • Funding Support and Incentives. • Industry-Academia Partnership and Incubation.
This program is organised by Department of Industrial Policy and Promotions (DIPP). The focus area of this scheme is to discard the license raj and focus on simplifying the process pertaining to the domain of Land Permissions Foreign Investment Proposals, and Environmental Clearances.
Start-up Definition
As per the website of start-up India, the following criterion has been given for an entity to qualify as a start-up. Therefore, to avail the benefits under the scheme of start-up India, the following tests have to be passed:
1) The venture shall be started and has not crossed the age of 7 years, which shall be calculated from its date of incorporation/registration. In case of biotechnology firms, the age limit has been increased to 10 years.
2) the incorporation of the venture shall be done as:
a) Private Limited company or b) Registered Partnership or c) Limited Liability Partnership.
3) The turnover for any fiscal year shall not exceed INR 25 Crore.
4) The entity’s existence should not have been come into existence via the means of splitting up or reconstruction of a business already in existence.
5) The entity shall be working towards innovation, development or improvement of products or services. It can also be considered as a start-up if the potential of the business succeeding is high or is involved in high employment creation/ wealth creation.
IPR and Start-ups
IPR activity in India has shown significant growth in the last few years. The number of Patents filed has increased to a multiple time. The ministries have taken various initiatives to ensure that the intangible assets which have been registered are protected.
Benefits available for IPR under DIPP
Scheme for Facilitating Start-Ups Intellectual Property Protection (SIPP)
• This Scheme has been started by the government of India to nurture their innovation and creativity. • This further helps in encouraging and promoting awareness IP in start-ups. • It helps in promoting technologies in the start-up culture.
Importance of Registration
1) Self-Certification – This is an effective way to reduce the reduce the liability of certification as the start-ups are allowed to self-certify compliance with 9 labour laws and environmental laws. No inspection shall be done, for cases dealing with labour laws, for a period of minimum three years.
2) Start-up Patent application – This fast tracks the process of filing the patents and further grants a rebate of 80% in filing patents. This rebate will be provided on the total value of the patent fees and shall be provided once the patent is filed.
3) Public Procurement – This ensures that the opportunities given for start-ups and experienced entrepreneurs are equal. This has been changes as earlier there was a requirement of having a prior experience and or prior turnover but this has been relaxed for start-ups.
4) Winding Up of the Company– This ensures that the winding up of the company can be done in the period of 90 days under the insolvency and Bankruptcy Code 2016.
5) Investment – this has made possible the availability of INR 10,000 core worth of funds for investments into start-ups via the means of alternative investment.
6) Credit – This ensures that there is an availability of INR 2,000 crore worth o credit for start-ups through national credit guarantee trust or SIDBI over 4 years.
7) Tax exemptions – This ensures that there is a tax exemption of Income-tax for a period of 3 years. Further, this also provides for exemption on capital gain and on investments above fair market value which is made by incubators or angel investors.
8) Learning – This programme will provide opportunities to learn from the experienced and shall also promote the research and innovation among students.
9) Mobile application– The start-up India provides the facility to companies to register via a single platform on the mobile application. This process has resulted in the simplification and has made the process very easy.
How to avail IPR benefits
The ministry of commerce and industry in its recent move, for the purpose of ease of doing business, has stated that the businesses now have to get a certificate of recognition from DIPP. This certificate will be sufficient to avail all the benefits pertaining to IPR which are provided by the start-up India Programme.
This is a welcome move as earlier the budding entrepreneur had to go through an elaborate process of approaching an inter-ministerial board to get the intellectual property benefits.
This announcement was made at the Start-up India State’s conference.
Start-ups have also been made eligible for expedited examination of patent applications.
How to Avail the Certificate of recognition from Department of Industrial Policy and Promotion (DIPP)?
There are two procedures which have been laid out. The first one talks about the scenario wherein there has not been an application of a patent and the other one talks about the scenario where there has been an application for a patent.
For applicants who have NOT filed an application for Patent
The application form is available on the Start-up India website under the registration column. The following information has to be filed • Name of the entity • Nature of the venture- whether it is a private limited company or a partnership or a limited liability company. • The registration number or the incorporation number depending upon the nature of the venture • Date of the registration or incorporation • Address or registered office • Details of the authorised representative • Details of the partner
The following documents are also required to support the application 1. Letter of recommendation 2. Letter of support by Incubator
There has been a formation of panel of facilitators for providing assistance and support in filing application for IPR. The facilitation cost shall be borne by the Department Of Industrial Policy And Promotion.
3. Letter of recommendation, from an incubator established in a post-graduate programme. This has to be in a form as specified by DIPP. 4. Letter of Funding from Government of India or any state government. 5. In case the state government or the Central government has provided funds with respect to scheme pertaining to innovation promotion, then the letter of funding from the central or state government. 6. Letter of funding of not less than 20 percent in equity by any Incubation Fund/Angel Fund/Private Equity Fund which are duly registered with Securities Exchange Board of India which endorses the innovative nature of business. If the funding by SEBI is not less than 20% in equity via any of the abovementioned funds which have endorsed the innovative nature of the business of the entity to the applicant, only then the letter of funding can be submitted. 7. Letter of recommendation from Industry association recognized by DEPARTMENT OF INDUSTRY POLICY AND PROMOTION – A Recommendation Letter can be obtained by any Industry Association or Organisation which is recognized by DIPP.
Further, on the start-up India website, the organisations which provide funding has been given.
The format of all the letters which have to be submitted has also been uploaded on the same website and shall be strictly followed.
The time for the application to be processed shall be around 10-25 working days.
For applicants who have filed an application for Patent
Under this category, the procedure, which pertains to applicants who have filed for patent and as a result of which it has been published, is given.
1. The details which are mentioned above, under the first category, have to be filed on the start-up India website.
2. The option of “patent filed and published by the office of India Patent in the area of nature of business being promoted” shall be selected in the nature of recommendation
3. In the category of supporting documents for the recommendation, the journal extract of the patent application shall be uploaded.
4. The registration certificate or the incorporation certificate shall be uploaded depending upon the nature of your entity.
5. Under the column of brief note of your innovativeness of the product or service offered, the document providing the details of your company pertaining to the nature of the business and explaining your innovativeness shall be uploaded. This shall be in a PDF format.
6. With respect to tax benefits, there are two options which can be opted-
a) If you wish to opt for tax benefits – the process here will be cumbersome and time consuming as the application has to go through the Inter-Ministerial board for evaluation.
b) opt out for Tax benefits- If the aim of your enterprise is only to get the IPR benefits and you wish to save time and effort, then opting out for tax benefits can be considered.
7. The application shall be submitted as it has been self-certified.
If there has been any false information or the application has been uploaded without uploading any other document, or there has been a forging of a document, then the applicant shall be liable to a fine of rupees 25,000.
Points to remember
By the start-up India initiative, the government of India aims for simplification, funding support and industry-academia partnership. DIPP is the organisation responsible for its conduct. Not all ventures can come under the definition of start-up as the conditions mentioned above have to be satisfied. The start-up has to be registered to avail a number of benefits. Start-ups have to get a certificate of recognition from DIPP the process for which has been simplified. To avail the benefits from DIPP there are two ways to get certification as the procedure is different for start-ups who have applied for a patent and for those which haven’t is different.
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