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Legal Tips to obtain Anticipatory Bail from High Court: Lawyers Advice

To understand the procedure to apply for anticipatory bail, we must understand the jurisdiction of the same.There are two key factors to decide the jurisdiction in anticipatory bail cases: ● Alleged accusations of committing an offence, ● Apprehension of arrest; it is not necessary for these to always overlap. Section 438(1) of the Code of Criminal Procedure, 1973 states that if a person has reason to believe that he is accused of committing a non-bailable offence & he may be arrested for the same, then he can apply to the High Court or...

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Protection of Unregistered Trademarks: Lawyers Advice

While rights holders face various issues with regards to securing and protecting the unregistered trademarks, but with no immediate or generous deals in India, the courts have begun to adopt an increasingly liberal strategy. Rights holders face various difficulties with regards to keeping up brand value. With changing shopper inclinations, different features must be refreshed to keep marks new and intriguing. For various budgetary reasons, the main goal for rights holders is to look for the insurance of the essential trademarks, trailed by secondary marks and components including colors, portrayal, and slogans. Where trademarks and their features achieve fame, there is...

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Legal Tips on Resolving the Issue of Trademark Opposition: Lawyers Advice

Whenever the process for the registration of trademark is in process, there can be two situations in which the refusal can be raised against your trademark registration. One of the situation is the Trademark opposition and another situation is the Trademark objection. Generally Trademark opposition is filed by the third party against the Registration which is mentioned in the Journal. When the trademark design is submitted to the examiner for the purposes of the registration, it is being reviewed by him and if he finds that the trademark can be qualified for the registration, he publishes it in the Trademark...

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Importance of Conducting Due Diligence before Investing in a Startup: Lawyers Advice

In the world of startup investing and the private investments, the role of due diligence has become very significant. If any investor wants to involve in a successful investing, then he is required to comprehensively evaluate the sustainability of the investments. This can be done by proper research and study of the particular startup they are planning to make investment in. In startup investing, the investors has to suffer the problem of the less available information about the startup in the market. If the proper information is not available, then it would be difficult for the investors to carry on...

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Legal Remedies available after the Invocation of Force Majeure clause in a Contract: Lawyers Advice

The Black’s Law Dictionary defines the term Force Majeure as an event or effect that can be neither anticipated nor controlled. Such incidents happen independently without the will of human beings. Due to the happening of such events, enforcement of the contracts get affected. English law provides after the execution of the provision of force majeure, the other party can cancel the contract and the execution of the same if any such events occurs which is beyond their control. Under Indian law, like English Law, force majeure descends its existence from the contract. This clause is inserted in the contract...

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Ten Most Important Clauses to be Incorporated in a Non-Disclosure Agreement (NDA): Lawyers Advice

In today’s world, the primary asset of most businesses is often information. This information could include intellectual property, strategic plans, research and development and data. In order to ensure that the receiving party does not divulge the information that is provided, it will be useful that the enterprise providing the information enters into a Non–Disclosure Agreement (NDA) with the receiving party. An NDA is essentially a contract between two or more parties, where there exists a disclosing party and a receiving party. However, all NDAs are not the same. There exist several clauses in an NDA that has to be...

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Legal Tips before Executing an Outsourcing Agreement: Lawyers Advice

In today’s fast paced world of transnational open markets, competition between businesses have become a main stay. More firms today, prefer to not carry out all their business processes in – house. There are usually third parties that specialise in the particular area and offer their services at cheaper rates. As a result of this, firms outsource a significant share of their business processes. The processes that are outsourced are usually those that are not at the core of the objective of the business. The laws that govern the process of outsourcing in India are; (a) Indian Contract Act, 1872;...

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Ten Most Important Clauses to be Incorporated in a Shareholders Agreement (SHA): Lawyers Advice

There are several factors that contribute to the smooth functioning of a company. These factors can include smooth internal relationships and functioning, expanding external networks, profit management, etc. However, the benefits accrued from proper handling of the above – mentioned factors can come to an abrupt halt if there is a breakdown in the relationships between the shareholders, shareholder bankruptcy or even death of a shareholder. Therefore, it becomes useful to have a shareholders’ agreement in place to deal with such eventualities. A shareholders’ agreement (SHA) is essentially an agreement among the Company’s shareholders’ that describes how the company ought...

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Legal Remedies available against Former Employees running Competitive Business while adopting Illegal and Unlawful Means: Lawyers Advice

Former employees pose a grave threat to any Corporation or Organisation whereby it is widely seen that they indulge into illegal and unlawful activities from client poaching, data leakages, selling trade secrets and Intellectual Properties (IP), disseminating false and wrong information specially on social media platforms and entering into same business. This affects the Corporation in both monetary terms and non-monetary terms and causes illegal and wrongful damages, injuries and losses to their previous Employer. It is inevitable during the course of employment that an employee is not made to handle confidential data and information for their assignments. Such employees gradually...

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Laws & Legal Compliances for Selling Therapeutic Oils in India: Lawyers Advice

In recent times, it can be observed that the market for essential oils has been booming world over. The reasons for this are primarily due to the fact that lifestyles are improving across the world and an increasing number of people are getting involved in aroma therapies and other activities pertaining to physical wellness. The barriers to entry in these markets are low and as a result there is increased competition in this market. In order to streamline business activities to gain a competitive edge, it will prove useful for a business person to be aware of and comply with...

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