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Designs Protection & Safeguards for Jewellery and Watch Designers in India

The history of jewellery in India can be traced back to even more than 5000 years ago. The initial jewellery was simple, make with threads, beads and stones which was later on adapted by people to make ornaments and jewellery from gold and silver. In the past decade one can see that the demand for jewellery has increased many folds and in today’s time, it is not only worn by people for its aesthetic value but is also used as a status symbol for the rich. Due to this, there has been an increased demand for jewellery on various...

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Trademark Protection & Safeguards for Jewellery and Watch Designers in India

Creative designs aren’t something that meticulously happen, it takes a great amount of efforts and creative skills to create something that would please the eyes of every person. The same can be said about the jewellery and watch designers who strive to create something new and different in their each design and the same is their Intellectual Property (IP) which needs due protection and safeguards. These efforts are hardly hit and discouraged by the menace of piracy, where people utilise the efforts of the jewellery and watch designers to create copied products and sell them in the market at cheap...

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Trademark Protection & Safeguards for Fashion Designers in India

The roots of fashion in India can be traced back to more than 6000 years ago which started as a tradition. India still has a rich and aesthetic textile heritage with mostly all the states having their own native attire and traditional costumes with many including accessories as well. On one hand, the Fashion Industry is thriving towards greater heights, on the other hand, it is being taken aback by the menace of piracy in designs. Piracy is the illegal and unauthorized copying, selling and distributing of any work which is protected under Intellectual Property Rights. Piracy with respect to...

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New Era of Patent Technologies & the Fashion Industry

In this global era, the Fashion Industry is one field in India where one can see continuous growth and where the designers are keeping them akin with the global developments. According to the study conducted by the Associated Chambers of Commerce and Industry of India (ASSOCHAM), in India the domestic designer apparel industry, has reported a compounded annual growth rate of about 40%, and the industry which was worth Rs. 720 crores in 2012, is likely to cross value of Rs. 11,000 crore mark by 2020. In the fashion industry, it is not only the designs but also to...

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Design Protection & Safeguards for Fashion Designers in India

Fashion designing is the art of applying aesthetic beauty to items of fashion. Fashion design is a representation of human intellect and creative mint that comes into insistence in the form of tangible products of fashion. On one hand, the Fashion Industry is thriving towards greater heights, on the other hand, it is being taken aback by the menace of piracy in designs. Piracy is the illegal and unauthorized copying, selling and distributing of any work which is protected under Intellectual Property Rights. Piracy of Designer Products can be classified into two broad categories: Knockoff: A knockoff is when a similar...

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Copyright Protection & Safeguards for Fashion Designers in India

A design which is the heart and soul of fashion takes significant time and money to be created but it is really easy to copy it and sell it to make illegal gains. This is the reason why it is of great importance to protect such designs under the ambit of Intellectual Property Rights (IPR) in order to prevent the person copying to free ride on the intellect of someone else and to encourage designers to invest further in new creations and art. Therefore, it becomes necessary for the fashion designers to protect their original artistic work under the ambit...

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Evidence & Burden of Proof under the Prevention of Money Laundering (PMLA) Act of 2002

The Prevention of Money Laundering (PMLA) Act of 2002 PMLA talks about attachment of "Proceeds of Crime" related to Money Laundering, the expression "proceeds of crime" is defined under clause (u) of Section 2 (1) of the PMLA Act of 2002 as: "Any property derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence or the value of any such property (or where such property is taken or held outside the country, then the property equivalent in value held within the country)." The definition of "Proceeds of Crime" can be broken...

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Bail under the Prevention of Money Laundering (PMLA) Act of 2002

The basis of Bail lies on the principle that there is an assumption of innocence of a person until he is found guilty. In most of the cases where bail is granted, a sum of money or property has to be deposited to the Court as a guarantee that the accused will appear in Court, whenever required. The Section 45 of the Prevention of Money Laundering (PMLA) Act of 2002 provides that the accused cannot be granted bail for any offence under the Act unless ‘the public prosecutor’, appointed by the Government, gets a chance to oppose his bail. If he...

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Arrest under the Prevention of Money Laundering (PMLA) Act of 2002

The term 'Money Laundering' refers to the transformation of financial gain of various crimes into legitimate assets and other financial assets. The Prevention of Money Laundering Act (PMLA) was enacted in the year 2002 to prevent Money Laundering and related unlawful activities and, to seize the proceeds of crime so that the crime rate can be restricted. The sole ground of arrest under the Prevention of Money Laundering (PMLA) Act of 2002 is the involvement in the activity of Money Laundering by converting the incomes from Non-Scheduled Offences (offences not mentioned in the Act) and Scheduled Offences; some of the acts...

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Anticipatory Bail under the Prevention of Money Laundering (PMLA) Act of 2002

For Anticipatory Bail, a person can apply under Section 438 of the Code of Criminal Procedure (Cr P.C.) which is issued only by the Sessions Court and High Court. Five most important points which must be kept in mind while applying for an anticipatory bail under the Prevention of Money Laundering (PMLA) Act of 2002:- The nature/gravity of the offence committed by the person seeking Anticipatory Bail.The Evidence confiscated from the Accused and all the facts of the Prosecution's Case.The Statement of the Investigating Officer and Government Lawyer. The background of the accused i.e. whether he/she was previously involved in any criminal...

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