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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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Significance of Legal Audit: Post Investment Stage

A legal audit is a risk management tool which determines an organization’s compliance with the law and regulations that apply to it. Legal Audit is a quintessential process as it saves the firm from getting sued or fined, or being prosecuted. It is a process which makes sure that that are no deficiencies in the documents, undertakings, or laws followed by the Company. A legal audit is performed on a periodic basis or may be performed in connection with a specific event, such as a financial audit. It can also be performed in connection with a specific transaction, such as...

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Significance of Due Diligence: Pre Investment Stage

Due Diligence is a form of research or investigation conducted by an investor to ensure that the reasonable verifications and precautions are taken to identify or prevent foreseeable risks before they invest their money in the concerned Company or business. Due Diligence is basically a background check on the current status of the Company, the risks associated with it, and also a critical study on the consequences of the business. It is essential for the buyer to determine the genuineness and the legitimacy of the Company and the ownership of its assets and also the existing and potential liabilities...

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Basic Rights of Borrowers: SARFAESI Act of 2002

The Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest (SARFAESI) Act of 2002 was enacted to fight the menace of Non-Performing Assets (NPA), on the basis of the recommendations made by the Andhyarujina Committee. But many experts were of the belief that the act is draconian and completely favours the Banks, Financial Institution and other Non-Banking Financial Institutions (NBFCs) and hence, it is against the principle of equity and natural justice. The constitutionality of the SARFAESI Act of 2002 had been put to question in the landmark case of Mardia Chemicals v Union of India AIR 2004...

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Arrival of Artificial Intelligence (AI) in the Indian Legal System

In order to ease the conduct of the business the world is relying heavily on technology which ranges from mobile applications to computer software’s where in the last decade innovation and technology have assumed a big role. Artificial Intelligence is one such innovation which has impacted the functional ecosystem of the society as “Artificial Intelligence” can be well defined as the capability of a machine to imitate human behavior. Even in the legal sector lawyers are turning towards Artificial Intelligence expertise for handling legal tools efficiently and for structuring legal assertions and gradually Artificial Intelligence is becoming the need of...

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