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Intellectual Property (IP) Protection for Computer Softwares in India

Computers have become an integral part of our digital lives which helps reduce the burden of tasks on humans with efficiency and effectiveness. Software is set of instructions and programming for performing various tasks, in the most general sense. It is important to know what protections are granted to the programmer(s) as it involves a lot of time, effort and creativity of the person who is helping to make the process easier for users. SOFTWARE COPYRIGHT PROTECTION Copyright gives protection to the author’s expression of work. It aims to protect code functions that form the software in the computer.Section 2(ffc) of...

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Overcoming Force Majeure amid Post Coronavirus Pandemic: Lawyers Advice

Coronavirus or Covid-19 has been declared as a global pandemic by the World Health Organisation and has resulted in complete lockdown in various countries across the world. This has resulted in the stoppage of work in both private and public sectors leading to a lot of default in the fulfillment of the contractual obligations. Therefore, it in light of the global impact of Covid-19, it important for businesses to review their Force Majeure Clause in contracts to understands its relevance in the current scenario and in order to understand how to defend themselves in case force majeure is invoked...

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Force Majeure vs. Frustration of a Contract: Lawyers Advice

Coronavirus or Covid-19 has been declared as a global Pandemic by the World Health Organisation (WHO) on March 11, 2020 which is considered to more severe than an epidemic due to its geographical outreach. It has resulted in complete lockdown on various countries across the globe including India, which has to led to complete stop on all economic activities other than those falling under the purview of essential services. As an aftermath of this lockdown, various businesses and companies are not able to fulfill their obligations of the contracts they have entered into. Hence, in order to prevent any liability...

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Enabling Specific Performance of a Contract: Post Coronavirus Pandemic

When a contractual party breaches the contract the other party has a number of legal remedies for the loss caused by such breach including lawsuits and arbitration. But when the crux of the contract is performance specific or of a unique transaction and no amount of money can compensate the aggrieved party, then Specific Performance of Contract comes as a legal remedy for the aggrieved party. Specific performance of a contract is a remedy used by the Courts when in the breach of a particular contract the Court sees no other remedy (monetary) to compensate the aggrieved party. For example,...

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Invoking Force Majeure clause amid Coronavirus Pandemic: Lawyers Advice

The coronavirus or Covid-19 has been declared as a pandemic by the World Health Organization (WHO). This pandemic has led to a national lockdown by the Government of India preventing us from stepping out of our houses. This outbreak and the lockdown as its consequence have posed a lot of problems. Owing to the lockdown and the need for people to quarantine themselves, a lot of businesses and a variety of contracts have been affected making it hard for the parties to perform their obligations towards the contract. Due to this unfortunate situation the parties are searching for defenses to...

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Arrest under the Foreign Exchange Management Act (FEMA) of 1999

The term "Foreign Exchange” means foreign currency and includes, ● Deposits, credits and balances payable in any foreign currency, ● Drafts, traveler’s cheques, letters of credit or bills of exchange, expressed or drawn in Indian currency but payable in any Foreign currency, ● Drafts, traveler’s cheques, letters of credit or bills of exchange drawn by banks, institutions or persons outside India, but payable in Indian currency; The Foreign Exchange Management Act (FEMA) was enacted in the year 1999, to facilitate external trade and payments and maintenance of foreign exchange in India. Some...

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Anticipatory Bail under the Foreign Exchange Management Act (FEMA) of 1999

For Anticipatory Bail, a person can apply under Section 438 of the Code of Criminal Procedure (Cr P.C.) which can be granted only by the Sessions Court and High Court.Five most important points must be kept in mind while applying for an Anticipatory Bail under FEMA are:- 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 activity whatsoever.The Initial Report of the Investigating...

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Compounding of Offences under the Foreign Exchange Management Act (FEMA) of 1999

'Compounding of Offences' means a compromise between the two parties, where the complainant agrees to drop charges against the accused. Section 320 of The Code of Criminal Procedure, 1973 (Cr P.C.) provides for compounding of certain offences which are punishable under the Indian Penal Code (IPC) of 1860. There are certain serious offences for which parties cannot compromise, these offences are called Non-Compoundable Offences. Contravention under FEMA, is a breach of the provisions of the Foreign Exchange Management Act (FEMA), 1999 and rules/ regulations/ notification/ orders/ directions/ circulars issued thereunder. Under FEMA, Compounding refers to the process of voluntarily admitting the...

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Evidence and Burden of Proof under the Foreign Exchange Management Act (FEMA) of 1999

Under the Foreign Exchange Management Act (FEMA), 1999 all the documents related to foreign transactions are considered as evidence and can be used during the investigation of contraventions of FEMA provisions. According to Section 12 of FEMA, the Reserve Bank of India (RBI) may, at any time, through its officials can inspect business of any authorised person as necessary, to:-(a) verify the correctness of any statement, information or particulars provided to RBI;(b) obtain any information or particulars which the accused has failed to furnish on being called upon to do so; (c) secure compliance with the provisions of this Act or...

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Special Circumstances under which a Doctor or a Para Medic may leave Professional Duties amid Coronavirus Pandemic: Legal Remedies

In the wake of the current situation where Coronavirus or Covid-19 has turned out to be a global pandemic the healthcare professionals i.e. the Doctors and the para medic staff which includes nurses and ward boys have come to the forefront and are acting as soldiers and warriors. The determined and plausible efforts of the healthcare professionals, the Government of India and the State Governments have acted as a shield for India and the same is evident from the number of persons affected by the Coronavirus. The joint efforts of the Governments at the Centre and in the States and...

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