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Legal Challenges faced by Importers in Obtaining Environment Clearance Certificates: Lawyers Advice

The import of raw materials from foreign countries is an essential aspect of business processes. Several businesses rely on the import of raw materials from other countries in order to meet their needs. The World Bank has identified Iraq, United Arab Emirates, Saudi Arabia, Iran and Australia to be the counties from which entities in India import the most amount of raw material from. The process of importing raw materials or products, especially those that are considered to be hazardous in nature, comes with its own enviro – legal requirements and the Hazardous and Other Wastes (Management and Transboundary Movement)...

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Legality of Online Flash Sales & Competition Laws in India: Lawyers Advice

Online flash sales are discounts offered by e-commerce entities for a short period of time. In such sales, the online entities give out discounts on certain products to increase their sales. These sales by the online retail markets attract a lot of customers but such sales do not benefit the offline retailers of the same product on sale. Through these discounts the price of the product decreases to an extent lower than the cost of the product and this does not favor the offline physical stores who will not be able to meet their expenses and costs. This brings us...

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Laws on Predatory Pricing & it’s Impact on Small Businesses: Lawyers Advice

Small businesses are the driving forces of the economy as they provide a lot of employment opportunities to people who cannot be absorbed by large corporations. They also contribute to economy by bringing growth and innovation to the community in which the business is involved in. Hence, these businesses must be protected. The Competition Act, 2002 was passed for this purpose. Predatory pricing is a pricing strategy followed by dominant firms which sell goods and provide services at a level lower than the cost of the goods and services with intent to erase all the competition in the market. This...

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Legal Rights Guaranteed to an Original Technology Developer & Remedies Available over Minor Tech Enhancements: Lawyers Advice

The shift to technology that was seen at the turn of the 21st century has made it essential to protect the Intellectual Property Rights (IPR) enshrined in programs and softwares. Contrary to how goods usually work, the selling of a software gives a license to the buyer to use the software along with certain terms and conditions attached to the license.Due to this licensing mechanism, computer programs and software face fierce rivalry in the market and are pretty susceptible to suffer unwarranted economic loss as their software might be used without payment and is vulnerable to piracy and illegal copying. Copyright...

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Laws & Legal Compliances for Companies selling Hand Sanitizers in India: Lawyers Advice

Due to the outbreak of the COVID-19 disease, India has seen a huge increase in demand for hand sanitisers. While no company should be celebrating the disease in favour of profits gained, there’s no denying that companies distributing hand sanitisers in these times are benefitting a lot from this increase in demand. As a result, the market for hand sanitisers is becoming more and more attractive for new companies to enter. Considering the consistent recommendations by medical authorities that hand sanitisers with alcohol in them will be the most effective in maintaining hygiene in these times, it’s not surprising that many...

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Laws & Legal Compliances for Companies selling Face Masks and Face Shields: Lawyers Advice

With COVID-19 spreading every day, the need for face masks and face shields has grown exponentially in the last two months. With an emphasis on preventing community transmission, wearing a face mask or face shield has become a necessary precaution for anyone stepping out of their house. Manufacturers and marketers have recognised that fact and are all cashing in on the market that face masks and face shields currently have with new companies claiming they are entering the production for these protective products as well. In such a scenario, the question arises on what laws and regulations should these companies take...

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Top Tips for Solving the Problem of Opposition to a Trademark: Lawyers Advice

Trademark Opposition is a process initiated by a third party after the application has been acknowledged by the Trademark Registry. This means that the institution of a trademark opposition begins after a trademark application has successfully met all the initial requirements and has been advertised in the Trademark journal for the general public. The rationale behind doing this is so that the common people get a chance to put forth an opposition against the registration if in their opinion, the trademark could be misleading or similar to already existing trademarks. It has to be noted that after an opponent files an...

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Top Tips for Solving the Problem of Objection to a Trademark: Lawyers Advice

The purpose of a trademark is to create a distinctiveness for a brand and separate it from other brands and products in the market. Hence defending it is imperative, if one wants to sustain its unique image. However, there are various grounds on which one can be stopped from doing the same. Definition of Objection under Trademark Trademark Objection is an example where the Trademark Examiner raises questions and puts forth objections so that proper registration of a trademark can be ensured. Hence, since it comes from the Examiner, it is a governmental objection and because it seeks to make applicants...

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Defences available to the Accused in a Cheque Bounce Cases: Lawyers Advice

A Cheque Bounce case is a criminal case provided under section 138 of Negotiable Instruments Act of 1881. A cheque is said to have bounced for several reasons for example insufficient balance, accounts closed, signature mismatch etc. Conditions necessary for cheque bounce: • The cheque is dishonored due to insufficiency of funds, signature mismatch, account blocked etc. • A Legal notice is given within 30 days after such dishonor. • A payment of due amount is not made within 15 days time after the legal notice has been issued by the aggrieved. Defence...

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Evidence and Burden of Proof in Cheque Bounce Cases: Lawyers Advice

Dishonor of a cheque or cheque bounce occurs when a cheque that is presented in the bank is returned unpaid which can be due to various reasons including insufficient amount in the bank, signature mismatch etc. The aggrieved party can institute a suit against the accused under the Negotiable Instruments Act of 1881. Evidence in a Cheque Bounce Case:Under Section 145 of the Negotiable Instruments Act of 1881: The Complainant has to furnish his evidence, normally by way of affidavit; in lieu of examination in chief. Documents like bounced cheque, dishonour memo, copy of notice etc are attached to support the...

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