Kaviraj Singh Articles

Trademark Law USA USPTO - Click To Read Article
A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name. A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services. A certification mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce with the owner's permission by someone other than its owner, to certify regional or other geographic origin, material, mode of manufacture, quality, accuracy.

Professional Conduct and Etiquette for Lawyer India - Click To Read Article
An Advocate shall, at all times, comport himself in a manner befitting his status as an officer of the Court, a privileged member of the community, and a gentleman, bearing in mind that what may be lawful and normal for a person who is not a member of the Bar, or for a member of the Bar in his non-professional capacity may still be improper for an advocate. Without prejudice to the generality of the foregoing obligation, an advocate shall fearlessly uphold the interests of his client, and in his conduct conform to the rules hereinafter mentioned both in letter and in spirit. The rules hereinafter mentioned contain cannons of conduct and etiquette adopted as general guides; yet specific mention thereof shall not be construed as a denial of the existence of others equally imperative though not specifically mentioned.

Foreign Investment in India - Click To Read Article
At present, India's GDP is USD 1.237 trillion, which makes it the twelfth-largest economy in the world at market exchange rates and fourth largest in purchasing power. In the late 2000s, India's economic growth has averaged at about 7.5% a year. A 2007 Goldman Sachs report has projected that "from 2007 to 2020, India's GDP per capita will quadruple, and the same will surpass the GDP of the United States of America before 2050." The country managed a reasonable economic growth of 6.1% during the first quarter of the current fiscal (2009) despite the global financial crisis. India's annual GDP growth is likely to accelerate to 7.2% in the next fiscal and further accelerate until reaching a pace of about 9% in the year 2012-2013. India is the seventh-largest country in terms of geographical area, the second-most populous country.

FOREIGN CORRUPTION PRACTICE ACT FCPA USA - Click To Read Article
This article aims at dealing with the applicability of Foreign Corrupt Practices Act in the foreign investment scenario in Asia. I will further concentrate on the nature of compliances that a corporate ought to observe, be it under FCPA or under the domestic laws of a particular country, and the reason and wisdom to do so. All around the world, in every country, the goal of business is not to serve the public; it is to make money. When that drive for profit produces corrupt behaviour and erupts in major scandals, it can have a demoralizing effect. The early twenty first century scandals in America over revelation of business fraud followed by indictments and punishment included corporations such as WorldCom, Qwest, Tyco, Adelphia Communications, ImClone and Global Crossing.

Arbitration Law India - Click To Read Article
Arbitrator is a technically name of a person selected with reference to an established system for friendly determination of controversy which, though not judicial, yet is regulated by law; so that the powers and duties of the arbitrator, when once he is chosen, are prescribed by law, and his doings may be judicially revised if he has exceeded his authority. Thus, the arbitrator is a private, disinterested person, chosen by the parties to a disputed question, for the purpose of hearing their contentions, and giving judgment between them, to whose decision, called "award", the litigants submit themselves either voluntary, or, in some cases, compulsorily, by order of court.

VISA provisions India - Click To Read Article
Foreign Nationals desirous of coming into India are required to possess a valid passport of their country and a valid Indian Visa. There is no provision of 'Visa on Arrival' in India and no fee is charged for immigration facilities at the airports. Foreign passengers should ensure that they are in possession of valid Indian Visa before they start their journey to India except nationals of Nepal and Bhutan who do not require visa to enter India and nationals of Maldives who do not require visa for entry in India for a period up to 90 days (a separate Visa regime exists for diplomatic/official passport holders).

VENTURE CAPITAL INVESTMENT IN INDIA - Click To Read Article
In recognition of growing importance of Venture Capital as one of the sources of finance for Indian industry, particularly for the smaller unlisted companies, the Government has announced a policy governing the establishment of domestic Venture Capital Funds/Companies. An amendment has also been carried out in the SEBI Act empowering the Securities and Exchange Board of India (SEBI) to register and regulate Venture Capital Funds (VCFs) and Venture Capital Companies (VCCs) through specific regulations.

Trademark Law India - Click To Read Article
Trade Mark means a registered trade mark or a mark used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right as proprietor to use the mark ; and a mark used or proposed to be used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right, either as proprietor or as registered user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark. (See Section 2(v) of the Trade and Merchandise Marks Act, 1958)

Trademark Registration India - Click To Read Article
It is not any trade mark which is registrable. To be registrable the mark should be distinctive and should not be similar to any other trade mark registered for the same or similar goods or used by a competitor whether registered or not. In the case of a similar mark used by a competitor but not registered difficulties for registration will arise only if the owner of the mark chooses to oppose the registration. In choosing a trade mark therefore one has to see whether the mark satisfies the requirement of distinctiveness contained in section 9 of the Trade and Merchandise Marks Act, 1958.

Trade Mark Infringement Law India - Click To Read Article
Infringement of a trade mark occurs if a person other than the registered proprietor in the course of trade, in relation to the same good or services for which the mark is registered, uses the same mark or a deceptively similar mark. Essential of Infringement The taking of any essential feature of the mark of taking the whole of the mark and then making a few additions and alteration would constitute infringement. The infringement mark must be used in the course of trade, i.e in a regular trade wherein the proprietor of the mark is engaged. The use of the infringement mark must be printed or usual any oral use of the trade mark is not infringement. Any or all of the above act would constitute infringement if the same is done in such manner as to sender the used to the mark likely to be taken as being used as a trade mark.

Standards of Professional Conduct and Etiquette for Lawyer India - Click To Read Article
An Advocate shall, at all times, comport himself in a manner befitting his status as an officer of the Court, a privileged member of the community, and a gentleman, bearing in mind that what may be lawful and normal for a person who is not a member of the Bar, or for a member of the Bar in his non-professional capacity may still be improper for an advocate. Without prejudice to the generality of the foregoing obligation, an advocate shall fearlessly uphold the interests of his client, and in his conduct conform to the rules hereinafter mentioned both in letter and in spirit. The rules hereinafter mentioned contain cannons of conduct and etiquette adopted as general guides; yet specific mention thereof shall not be construed as a denial of the existence of others equally imperative though not specifically mentioned.

Remedy for Trade Mark Infringement India - Click To Read Article
No suit for infringement of a registered trade mark or suit relating to any right in a registered trade mark or for passing off arising out of the use by the defendants of any trade mark which is identical with or deceptively similar to the plaintiff’s trade mark, whether registered or not shall be instituted in any court inferior to a district court having jurisdiction to try the suit. Procedure followed The procedure followed in the disposal of the suit is as laid down in code of civil procedure, 1908. Period of limitation Under the limitation Act, 1963, the period of limitation for filing a suit for infringement of a trade mark is three years from the date of infringement. Where the infringement is a continuing one, a new course of action arises every time is infringement occurs.

PCT Application filing India - Click To Read Article
The International Application must contain a request, a description, one or more claims, one or more drawings (where required) and an abstract; it must comply with the prescribed physical requirements; it must be in one of the prescribed languages; finally, the required fees must be paid. These requirements will be dealt with one by one.

Patent Search - Click To Read Article
All the types of patent searches are the same in the sense that searchers are trying to find closely related documents. However, to make it effective, the ways and approach must be different from each other according to the aims of search.

Patent Law India - Click To Read Article
Patent law has been formulated with an objective to promote and protect the inventions and methods. The object of granting a patent is to encourage and develop science, technology and industry. A patent can be defined as a grant of exclusive rights to an inventor over his invention for a limited period of time. The exclusive rights conferred include the right to make, use, exercise, sell or distribute the invention in India. The term of a patent is twenty years, after the expiry of which, the invention would fall into the public domain.

Product Patent Regime in India - Click To Read Article
The major concern that the social and economic costs of introducing pharmaceutical patents are likely to outweigh the benefits in the case of most developing countries suggests a cautious approach to intellectual property protection in the area of pharmaceuticals. On the other side, there is also evidence that the patent system has a detrimental impact on pharmaceutical prices, particularly if the product itself is protectable.

LEGAL OUTSOURCING INDIA - Click To Read Article
Outsourcing is defined as the "the process of transferring an existing business function, including the relevant physical and/or human assets, to an external provider in order to strategically use outside resources to perform activities previously handled in-house. Outsourcing involves transferring a significant amount of management control and decision-making to the outside supplier. Buying products from another entity is not outsourcing or out-tasking, but merely a vendor relationship. Likewise, buying services from a provider is not necessarily outsourcing or out-tasking. Outsourcing always involves a considerable degree of two-way information exchange, coordination, and trust.

India Debt Collection Business – Scenario and Potential - Click To Read Article
The debt collection business is a relatively new concept in India. Like many modern tools, this business was also introduced to India by foreign businesses who came to India in horde in early 90’s and brought with them myriad modern tools, practices and systems. Like other sectors, banking also witnessed a large scale foreign firms setting up their operations in India. Retail consumer loans became an important product in the portfolio of the banking industry. Easy availability of credit also bought with it the problem of payment defaults, which eventually led to the emergence of debt collection agencies.

Fair Debt Collection Practice India - Click To Read Article
) In the matter of recovery of dues, banks / NBFCs may ensure that they, as also their agents, adhere to the extant instructions on Fair Practice Code for lenders (circular DBOD. Leg. No. BC. 104 /09.07.007 / 2002–03 dated May 5, 2003) as also IBA’s Code for Collection of dues and repossession of security. In case banks / NBFCs have their own code for collection of dues it should, at the minimum, incorporate all the terms of IBA's Code.

EMPLOYMENT LAW INDIA - Click To Read Article
The object of the employment laws in India is social welfare legislation protecting the employees, protecting their contentment and regulates situation of crisis. India adopted the the core labour standards of ILO for welfare of workers and to protect their interests. India has enacted a number of labour laws addressing various issues such as resolution of industrial disputes, working conditions, labour compensation, insurance, child labour, equal remuneration etc. Labour is a subject in the concurrent list of the Indian Constitution and is therefore in the jurisdiction of both central and state governments. Both central and state governments have enacted laws on labour issues. Central laws grant powers to officers under central government in some cases and to the officers of the state governments in some cases.

Employment Labour Law India - Click To Read Article
The object of the employment laws in India is social welfare legislation protecting the employees, protecting their contentment and regulates situation of crisis. India adopted the the core labour standards of ILO for welfare of workers and to protect their interests. India has enacted a number of labour laws addressing various issues such as resolution of industrial disputes, working conditions, labour compensation, insurance, child labour, equal remuneration etc. Labour is a subject in the concurrent list of the Indian Constitution and is therefore in the jurisdiction of both central and state governments. Both central and state governments have enacted laws on labour issues. Central laws grant powers to officers under central government in some cases and to the officers of the state governments in some cases.

Data Theft & Security Law India - Click To Read Article
Data is a valuable asset in this modern age of Information Technology (IT). Data is an important raw-material, for Call Centres and I.T. Companies. Data has also become an important tool and weapon for Corporates, to capture larger market shares. The use of Data, for instance, by the Call Centres, has fueled the boom in the Indian I.T. industry. Due to the importance of Data, in this new age, its’ security has become a major issue in the I.T. industry. The piracy of Data, is a threat, faced by the I.T. players, who spend millions to compile or buy Data from the market. Their profits depend upon the security of the Data.

Design Patent Law India - Click To Read Article
An article is distinguished not only by its utility but also by its visual appeal which too usually play an important role in shaping the buyers preference for the article. Therefore, the design of an article and even design of its packaging is important from the commercial view point. Since the enactment of the Design Act, 1911 considerable progress has been made in the field of science and technology. The legal system of the protection of industrial design requires to be made more efficient in order to ensure effective protection to registered design. It is also essential to promote design activity in order to promote the design element in an article of production. The Design Act, 2000, after repealing the Act of 1911 aims at the protecting the design in India and bringing the Indian law at par with International law.

COPYRIGHT LAW INDIA - Click To Read Article
Copyright law provides for protection of original works of authorship including literary, dramatic, musical, artistic, cinematographic, photographic and sound recording works. Copyright protects the expression of ideas in a tangible form. Protection starts as soon as an idea is expressed on a tangible form. Tangible form includes anything that can be touched and perceived. Expression on electronic media is considered to be a tangible form of expression.

Corporate governance & Compliance India - Click To Read Article
Corporate governance is the set of processes, customs, policies, laws, and institutions affecting the way a corporation is directed, administered or controlled. Corporate governance also includes the relationships among the many stakeholders involved and the goals for which the corporation is governed. The principal stakeholders are the shareholders, management, and the board of directors. Other stakeholders include employees, customers, creditors, suppliers, regulators, and the community at large.

Basics of US Patent Law - Click To Read Article
United States has the most expansive patent subject matter in the world. US Patent Office has granted patents to living organism, computer software, business methods, new alphabets and countless.


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