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Legal Remedies for Countering the Menace of False Consumer Complaints against Beauty & Cosmetics Companies in India: Lawyers Advice

The scope of Consumer Protection Act has increased manifolds in the last decade. Under this act, the provisions available for the protection to the consumers has strengthened. This has resulted into fall down of displaying misleading advertisements and false claims made by the sellers. However under the garb of protection provided under this act, many consumers have started making false and frivolous complaints. These types of complaints can be of two types, first one being the complaint which has been filed by the consumer for negligently using the products and second one could be frivolous complaints for purpose of scoring...

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Legal Remedies for Countering the Menace of False Consumer Complaints against Ayurvedic & Herbal Companies in India: Lawyers Advice

When the Consumer Protection Act of 1986 came into existence, manufacturers had conveyed that the provisions of this act might inspire the consumers to file false complaints and give them a chance to score money from the big manufacturers and sellers. Therefore to reject such false claims and avert the abuse of the law, a provision for the discharge of false and vexatious complaints was introduced in the act along with the penalty to be paid by the consumers. In the 1993 amendment, the fine for such complaints was increased to 10,000 Rupees. But traders wanted to impose a...

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Laws and Legal Compliances applicable upon Foreign Companies for Selling Baby Care Products in India: Lawyers Advice

India is a market for some of the most extensively known global brands as well as popular domestic brands in baby products segment. While a leading player like Nestle has a number of brands under its belt like Cerelac, Nan Pro1 and Pro2, Lactogen, Nestum, there is growing commitment from other companies to introduce more products in this category. Laws Governing Baby Products in IndiaPolicies related to Baby Care Market in India include Infant Milk Substitutes Act (1992 and 2003), Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992 and 2003 and Bureau of...

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Legal Sanctity and Precautions to be taken while Executing a Non-Compete Agreement: Lawyers Advice

A non-compete agreement is known in Contract Law as the agreement between two parties where one party is the employer and the other party is the employee. Through this non-compete agreement, the employee gives his acceptance to the employer on the restriction set by them that during the course of the employment or even when the employee leaves job under the employer, he will not attempt to be a competitor in the form and nature of trade pursued by the employer. Law Governing Non-Compete AgreementsSection 27 of the Indian Contract Act, 1872 declares agreements restraining trade to be void. However, the...

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Legal Sanctity and Precautions to be taken while Executing a Vendor Agreement: Lawyers Advice

Vendor Agreement is a legal contract which specifies the necessities regarding the work done by the vendor. Vendor Agreements can be signed for many reasons like consultant, office supplies, services, technology. While making a vendor agreement one has to clearly put the goals and strategies for minimizing cost factor. Points to Remember while Making Vendor Agreement • There should be a date of agreement and there should be a date for delivery of goods or providing services specified in the Agreement. • There should be a precise time of the delivery specified in the agreement....

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Laws and Legal Compliances applicable upon Foreign Companies for Selling their Food Products and Beverages in India: Lawyers Advice

One of the fastest growing industries in India is food and beverage. A large part of the industry consists of import and export of food products along with the local produce and its multi-tier wholesale and retail.Laws Governing Food and Beverages: -While Section 3 of the Food and Safety Standards Act, 2006 covers the definition of food business, Section 31 of the Act lays down rules for the Licensing and Registration of Food Businesses in India.A food license from Food Safety and Standards Authority of India needs to be obtained by every food business owner including a petty vendor/ hawker. There...

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Laws and Legal Compliances applicable upon Foreign Companies for Selling Beauty Products and Cosmetics in India: Lawyers Advice

The Central Drugs Standard Control Organization (CDSCO) regulated the cosmetics in India. The Indian Parliament passed the Drug and Cosmetic Act 1940 and Rules 1945 to regulate the import, manufacture, distribution and sale of drugs and cosmetics. Rules Governing Cosmetics and Beauty ProductsAs per Section 3 (aaa) of the Drugs and Cosmetics Act, 1940, “cosmetic” means any item designed to be poured, sprinkled, rubbed or sprayed on or otherwise applied on the human body or any part of the human body, for beautifying, cleansing, altering the appearance or promoting attractiveness and also consists of any item designed for use as a...

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Legal Challenges to Copyright Registration in India: Lawyers Advice

Indian Copyright Law abides by international standards laid down in the TRIPS Agreement. The Copyright Act, 1957, after a number of amendments, completely abides by the Berne Convention, 1886 and the Universal Copyrights Convention.However, there are also various requirements for a copyright to be registered and there are various legal challenges to the registration of a copyright. Challenging a Copyright on its Nature Methods, Ideas or SystemsMethods, ideas and systems and are not protected under Copyright Law, this includes scientific or technical methods or discoveries; making, or building things; business operations or procedures; formulas, algorithms; mathematical principles; or any kind of concept,...

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Important Points to Consider for Patent Registration in India: Lawyers Advice

The Patents Act, 1970 governs the Patent Law in India and given the number of inventions claiming to be unique in modern times, the law is extremely serious about granting Patents. An invention which is pointless in its operation or in contravention to something already established is almost immediately rejected. At times, heavy amounts of fine have to be paid by people claiming patents for trivial inventions. The Patent must be capable of profitable exploitation but it cannot be against public morality or public order. A patent should be beneficial to the public in some manner. Important Case Laws in the...

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Legal Tips on how Parties can invoke Arbitration Clause enshrined in an Agreement: Lawyers Advice

Arbitration in India is supervised by the Arbitration and Conciliation Act, 1996 which says that for implementing arbitration as a dispute resolution device, an agreement in that respect, should be signed between the disputing parties.Laws governing Arbitration Clause/Agreement in India: -Section 7(1) of the Arbitration and Conciliation Act, 1996 (as amended in 2015) explains Arbitration Agreement as: -In the presence of a legal relationship between the parties, a relation which may or may not be a contractual, an agreement is signed between parties deciding arbitration as the mechanism for resolution of disputes, wholly or in part, that may arise or...

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