06 May

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Punishing Black Marketing & Hoarding of Essential Medical Supplies amid the Second Wave of Covid19

in Criminal Law, High Court, Legal Advice, Legal Advisor, Uncategorized

Here we will see laws against Black Marketing and Hoarding which is happening with respect to the essential medical supplies amid this Coronavirus pandemic. Then, we will see how we can register a complaint i.e. a criminal complaint against Black Marketing and Hoarding and what are the criminal defenses available to us in case we are booked under such laws. At last, judgement and order of the Court regarding Black Marketing and Hoarding of life-saving drugs oxygen cylinder, Favipirarvir, Remdesivir, Tocilizumab etc. Definition of Black Marketing and HoardingThe term ‘Black-Marketing’ has a very wide scope. It means illegal transactions of...

05 May

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Mergers: Tool to Survive the Second Wave of Covid19

Posted by MyLawyer

in Business Laws, Corporate Lawyer, Legal Advice, STARTUPS IN INDIA, Uncategorized

The term ‘Merger’ is not defined clearly under any enactment. But can be defined as the voluntary amalgamation of two companies on broadly equal terms into one new legal entity. Mergers often lead to an increased value creation for the corporation. It is a way for the corporations to expand their reach, expand into new segments, or gain market share. How does a Merger Work?A merger is a voluntary combining of two companies legally into one legal entity. The companies should have similar sizes, values and customer bases to be a merger and not an acquisition. If both parties expect...

04 May

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Protection & Usage of Unregistered Trademark: Lawyers Advice

Posted by MyLawyer

in Business Laws, Intellectual Property IP Laws & IP Rights, Legal Advice, Legal Advisor, STARTUPS IN INDIA, Uncategorized

To understand this, we need to first understand that if the marks are not registered under the Trademark Act of 1999 and an infringement arises in the future regarding ownership over these unregistered mark and its found that both of them are using the same mark then, that case will be dealt under the common law remedy against Passing Off. To prove ownership, the trademark owner has to prove certain points: a. Establishing that you are the prior user of the mark i.e. using it for a very long period. b. Prove that you have...

04 May

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How to protect your Trademark: Lawyers Advice

Posted by MyLawyer

in Business Laws, Corporate Lawyer, Intellectual Property IP Laws & IP Rights, Legal Advice, Uncategorized

According to Section 2(zb) of the Trademark Act of 1999, a mark which is capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging, and combination of colours is called a trademark. If you want to ensure that your Trademark is not used by anyone, the law provides two options Registration of the Trademark under the Trademark Act of 1999Remedy against Passing-Off If you are registering your Trademark or registering you brand name and logo under the Act, then your trademark is...

04 May

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Generic Medicines & their Trademarks: Lawyers Advice

Posted by MyLawyer

in Intellectual Property IP Laws & IP Rights, Legal Advice, Legal Advisor, STARTUPS IN INDIA, Uncategorized

The trademark of a particular company name and logo acts as a source identifier for its consumers and helps them identify/distinguish their choice of product from the rest of the goods present. Trademark law protects the goodwill that is associated with the goods/services manufactured by the company. While dealing with Pharmaceutical Companies, the Trademark law makes no exception. The Pharmaceutical sector of our country is the most active in the Trademark Registration process which is very particular about the registration of brand name and logo. Trademarks related to pharmaceutical companies are considered to be very important as they are linked...

19 April

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Legality of Multi-Level Marketing (MLM) & Direct Selling Business in India: Lawyers Advice

Posted by MyLawyer

in Anticipatory Bail & Regular Bail, Business Laws, Corporate Lawyer, Legal Advisor, Uncategorized

With the growth of information technology, businesses also tend to follow the same trend up or down the business cycle. With more and more businesses moving online one area that has seen an exponential growth is Direct Selling. Direct Selling simply means selling of goods directly to the end consumers without the need of any intermediary or middleman. As per the reports of FICCI and KPMG in 2015, INR 75 Billion Market in India was of Direct Selling. There are two ways of Direct Selling: Single Level Marketing (SLM): In single level marketing direct sales are made in person to person...

06 January

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Enforcing an International Agreement for Outsourcing of IT Work & Services

Posted by MyLawyer

in Corporate Lawyer, Information Technologies, Legal Advice, Legal Advisor, Uncategorized

Drafts are to be based on considering likely disputes, prevailing situation and laws: -In the case of an offshore outsourcing transaction, the enforcement of customer’s rights and remedies with respect to the agreement has always been a vital concern. In the case of India, it is extremely important that dispute resolution and governing law clauses are perfectly tailored to reflect the nuances of the legal system in India. It may be noted that model form clauses effective in other jurisdictions will not work efficiently in the Indian context. Now since, a party to an agreement related to India containing non-Indian...

06 January

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Laws on Data Protection in India: Lawyers Advice

Posted by MyLawyer

in Corporate Lawyer, Cyber Laws, Information Technologies, Legal Advice, Uncategorized

Individual’s Right to privacy and protection enjoys intrinsic status under the Indian Constitution In India, till now we do not have any ‘enforced’ legislation particularly defining data protection and privacy. The Personal Data Protection Bill, 2019 introduced in the Parliament of India in December, 2019 is yet to be enforced. The key objective of the bill is to secure the confidentiality of individual’s personal data and further to establish a full-fledged authority for data protection in India. Well, the inception of this bill can be linked to the historic judgement pronounced by the nine-judge bench of the Hon’ble Supreme Court...

06 January

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Laws on Network Security in India: Lawyers Advice

Posted by MyLawyer

in Consumer Laws, Cyber Laws, Information Technologies, Legal Advice, Uncategorized

In 2020, India has turned out to become the country with second largest internet user base with over 506 million users. Also, in the coming years, these number are said to increase up to 600 million. However, with the constant growth in digitization, safeguarding network security system with necessary resources becomes imperative. For, this we need to understand the current legal framework of network security in India. Also, whether these laws are robust enough to meet the demands for network security in India. Information Technology Act has brought positive changes across the legal sphere in India: -India was the twelfth country...

06 January

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Enforcing an International Non-Disclosure Agreement for IT Services & Work

Posted by MyLawyer

in Consumer Laws, Cyber Laws, Information Technologies, Legal Advice, Uncategorized

Brief Information: Non-Disclosure Agreements: -Non- Disclosure Agreement are those agreements where the parties to the agreement agrees not to disclose the information given in the agreement. It basically denies the access of the third party on the information mentioned in the agreement. It typically serves three basic functions, namely, protecting the sensitive information, helps inventor to keep patent rights and lastly differentiates between exclusive and confidential information. A Non-Disclosure Agreement is regarded a necessity for IT-service projects, that are outsourced. This agreement also helps in resolving any dispute in case a party to the agreement breaches some part of the...

Author: MyLawyer