Gurugram, Haryana, India
Verified
Add Review
Our Services
The very act of paying someone by way of cheque without having enough money in the bank may land the drawer of the cheque in jail. Cheque Bounce occurs when the cheque presented to the bank returns unpaid. There have been various important changes in the way cheques are issued, bounced, and dealt with. As there is an increase in trade and commerce, the use of cheque has also increased and also cheque bouncing disputes. Cheques are a major part of transactions in the country. Cheques are used as a mode of payment for several purposes such as repayment of a loan, payment of salary, business transactions, etc. Issuing a cheque as a mode of payment also secure the proof for the payment and it is one of the most reliable modes of payment for many people. As businesses in India continue to go digital, the sanctity of cheque transactions continues, particularly for small and medium businesses. Cases of dishonor-of-cheques are a growing problem and can adversely impact SME’s and MSME’s growth and sustenance.
In case of a dishonored cheque, if there is no payment within 15 days of sending legal notice, you need to file a criminal complaint in Court to recover the amount. P4 Legal IP Associates will help you draft and file the cheque bounce case through an expert cheque bounce lawyer.
In a cheque bounce case, a legal notice needs to be sent first before filing of the complaint.
Timelines in a Cheque Bounce case
The legal notice must be sent within 30 days from the date of bouncing of the cheque.
The legal notice provides the cheque issuer 15 days from the date of receipt of notice to make the payment.
In case the drawer fails to pay within 15 days, then a criminal complaint is to be filed in the Court within 30 days from the expiry of the 15 days.
CUSTOM ENFORCEMENT
On May 8, 2007, the Central Government issued Notification No. 49/2007-Customs (N.T.) that prohibited the import of certain goods subject to the conditions and procedures as specified in the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007.
The Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 came into existence to strengthen the statutory and executive guidelines provided for the protection of intellectual property rights at the borders. These Rules have been formed based on the line of TRIPS (Trade-Related Aspects of Intellectual Property Rights) and WCO (World Customs Organization).
Under the Rules, infringing goods are defined as “goods which are made, reproduced, put into circulation or otherwise used in breach of the intellectual property laws in India or outside India and without the consent of the right holder or a person duly authorized to do so by the right holder”. The rules define intellectual property law as “the Copyright Act, 1957, the Trade Marks Act, 1999, the Patents Act, 1970, the Designs Act, 2000 or the Geographical Indications of Goods (Registration and Protection) Act, 1999”.
Procedure for Registration & Enforcement of IP Rights through Custom Office:
Step 1:
Registration with Customs – Filing Application and obtaining Unique Temporary Registration Number – approval from the Commissioner of Customs – grant of Unique Permanent Registration Number
Step 2:
Suspension of Clearance of suspected infringing goods by the Customs either on notice by the right holder or suo moto by the Customs.
Step 3:
Examination of alleged infringing goods and submission of Authenticity Report by the Right-holder
Step 4:
Execution of Surety Bond at 110% of the Assessed Value and Security Deposit by way of Bank Guarantee or Fixed Deposit at 25% of the Bond Amount by the Right-holder in favour of the Commissioner of Customs.
Step 5:
Adjudication by Customs Authority
You could call us on 9654711011 OR on 0124-4075701 write to us or e-mail us on p4legalip@gmail.com for immediate needed assistance, steps, and legal advisory.
Prior to fixing up meeting/ conference, you may call on 09654711011or on 0124-4075701 or write to us on p4legalip@gmail.com for necessary fee structure and quote and/or to know about the consultation& professional charges for needed legal representations.
Drafting and filing of various IPR Agreements
Drafting of various agreements pertaining to Assignment and Licensing of Intellectual Property Rights and providing advisory services on different transactional work involving IPR which includes
1. Trademark Assignment 2. Trademark Licensing 3. Copyright licensing 4. Patent Transfer 5. Franchisee Agreements 6. Contractual Agreements 7. Policy Documents for E-Commerce Web-Site 8. Action for breach of Agreements by way of specific performance and or Recovery of Damages for breach
Agreement constitutes the essential element of any business ventures determining the rights, duties, responsibility, and obligation of the parties to the agreement and binds them together, towards achievement of common business objectives. The Indian Contract Act 1872 constitutes the basis of all the contractual agreements and provides remedy for breach by way of specific performance of contract or recovery of damages for breach
You could call us on 9654711011 OR on 0124-4075701 write to us or e-mail us on p4legalip@gmail.com for immediate needed assistance, steps, and legal advisory.
Prior to fixing up meeting/ conference, you may call on 09654711011or on 0124-4075701 or write to us on p4legalip@gmail.com for necessary fee structure and quote and/or to know about the consultation& professional charges for needed legal representations.
How Startup India Recognition Certificate benefits you?
StartupIndia is flagship scheme of the Govt of India, operated by DPIIT (Department for Promotion of Industry and Internal Trade) under Ministry of Commerce and Industry. Launched on 16th January, 2016, the Startup India Initiative has rolled out several programs with the objective of supporting entrepreneurs, building a robust startup ecosystem and transforming India into a country of job creators instead of job seekers. In India, public procurement (government tenders) can also present useful pilot opportunities for startups that have not yet been able to gain traction in the private sector. Conversely, opening government tenders up to startups improves the choices available to government bodies since startups are often more agile than corporate vendors and can provide cheaper, more innovative products and services. DPIIT recognised startups are exempt from requirements of Prior Experience, Prior Turnover and Earnest Money Deposit on the GeM platform.
Eligibility to Apply for StartupIndia Recognition or DPIIT Startup Certificate
Private Limited Company, OPC, LLP and Registered Partnership can Apply for Startup Recognition subject to fulfilment of below conditions
Benefits of StartupIndia Recognition (DPIIT) Certificate
Documents Requirements for Startup Recognition Apply
Below are the essential documents and details we need to apply to DPIIT for startup recognition
You could call us on 9654711011 OR on 0124-4075701 write to us or e-mail us on p4legalip@gmail.com for immediate needed assistance, steps, and legal advisory.
Prior to fixing up meeting/ conference, you may call on 09654711011or on 0124-4075701 or write to us on p4legalip@gmail.com for necessary fee structure and quote and/or to know about the consultation& professional charges for needed legal representations.
The Government of India has introduced various strategies, grants, and incentives to assist MSME (Micro, Small and Medium Enterprise) with MSMED action. Not only the country but also the banks are also providing loans to MSMEs with very low-interest rates to start their first business. However, to get these benefits from the central and local government or the banking sector, you will need MSME Registration/ Udyog Aadhaar Registration Online.
The Indian government has required an Aadhar Registration Number following the MSME action. For MSME, the application will be submitted online. It plays a very important role nationwide for small and medium enterprises. It has been observed from separate research that the country’s economic growth is not limited to large businesses but also to small business sectors operating in India. It is the backbone of such an agricultural economy.
India has the largest producer of natural resources since the introduction of small-scale industrial development. In 2015, the government changed MSME registration to Udyog Aadhar Registry. P4 Legal IP Associates – aims to simplify the registration process from all small, medium, and medium-sized businesses.
Document Required for Registration of MSME/Udyog Aadhar :
The udyam registration process is entirely online and does not require the uploading of any documents. However, before applying for Udyam Registration, the proprietor or owner of the enterprise is required to have the following documents:
The above documents need not be uploaded but the Aadhar and PAN number of the entrepreneur is required to be entered in the registration form.
Benefits of Online Udyog Aadhaar Registration
You could call us on 9654711011 OR on 0124-4075701 write to us or e-mail us on p4legalip@gmail.com for immediate needed assistance, steps, and legal advisory.
Prior to fixing up the meeting/ conference, you may call on 09654711011 or on 0124-4075701 or write to us on p4legalip@gmail.com for necessary fee structure and quote and/or to know about the consultation & professional charges for needed legal representations.
Industrial Design Registration
In the ever-evolving consumer landscape of today, industrial designs have taken on a high level of importance where the effective protection of industrial designs is seen as a key aspect of a fully integrated IP protection strategy. Industrial design services protect the visual, ornamental features of manufactured products. If a product is new and unique, it can be protected with a design registration that grants complete rights to the owner of the product. However, since the market is full of products that could do the same thing, having a unique feature to a product that makes it look different from other similar products is a deciding factor that can attract the attention of a potential client and promote sales.
Our Design Services
Important Key Points/FAQs About Industrial Design
What is Design?“Design” means only the features of shape, configuration, pattern, ornament or composition of lines or colors applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device.
Design is one of the categories of IPR where the design system focuses on the aesthetic feature of an article derived from its visual appearance.Relevant aspects are the shape, configuration, surface pattern, the color or line or a combination thereof as applied to an article which produces an aesthetic impression on the sense of sight.
Why register your design?• Statutory right – accrues only on registration – territorial• Right to prevent all other from producing, importing, selling or distributing products having an identical appearance or a fraudulent or obvious imitation• Monopoly Period of 10 years extendable by 5• Gives you a Unique Selling Point (USP)• Is an asset & can be licensed
Criteria for Design Registration.• Finished article appeals to and is judged solely by the eye• New or original• not prior published in any country and not publicly known in India• is significantly distinguishable from known designs or combination of known designs• Not a technical or useful function of a product
Prohibition of registration of certain designs:
A design shall not be registered if the design• is not new or original; or• has been disclosed to the public:– any where in India or in any other country by publication in tangible form or by use– or in any other way prior to the filing date– or where applicable, the priority date– of the application for registration, or• is not significantly distinguishable from known designs or combination of known designs, or• comprises or contains scandalous or obscene matter.• Designs incorporating official symbols or emblems, maps, buildings, stamps, medals etc. cannot be registered under The Designs Act, 2000
Filing RequirementsAn application for Design Registration needs to be filed with the Controller of Designs, The Patent Office at Kolkata. However, the application can also be filed at any of the four branch office of The Patent Office at New Delhi, Mumbai, Chennai or Ahmadabad and the application received by the Branch Offices is transmitted to the Head Office for processing.
For filing of applications for registration of design in India, the following procedure needs to be followed:
(a) Application duly filled in on Form 1 along with the prescribed fees, stating name & full address, nationality of the applicant. If the Applicant is not a natural person the legal status and the place of incorporation.
(b) Name of the article to which to which the design is to be applied.
(c) Class & Sub Class of the article embodying the design is applied under the Locarno Classification
(d) Representations illustrating the views of the article wherein the originality lies. The representations can be in the form of photographs or drawing figures showing the perspective, front, rear, top, bottom and side views of the article (2 copies of each view) If the design is to be registered in more than one class, a separate application shall be filed for each class.
(e) A statement of novelty and disclaimer (if any) in respect of mechanical action, trademark, word, letter, numerals should be endorsed on each representation sheet and should be duly signed and dated.
(f) When color combination is the essence of a design as applied to an article, the same shall be clearly depicted in the representation.
(g) After examination of the application by the Design Office at Kolkata, objections, if any, are raised thereto. On removal of the objections, the certificate granting copyright in registered design is issued by the Design Office. The duration of the registration of a design is initially ten years from the date of registration but in uses where claim to priority has been allowed, the duration is ten years from the priority date. This initial period of registration may be extended by further period of 5 years on an application made in Form-3 accompanied by a fee of Rs. 2, 000/- to the Controller before the expiry of the said initial period of Copyright.
You could call us on 9654711011 OR on 0124-4075701 write to us or e-mail us on p4legalip@gmail.com for immediate needed assistance, steps, and legal advisory.
Prior to fixing up the meeting/ conference, you may call on 09654711011 or on 0124-4075701 or write to us on p4legalip@gmail.com for necessary fee structure and quote and/or to know about the consultation & professional charges for needed legal representations.
Matrimonial matters / Annulment of Marriage / Child custody
Increasing literacy, ongoing economic growth, and integration with the rest of the world has resulted in changing values in India. With the registration of marriage become compulsory in many states and inter-caste / inter-religion marriages on the rise, a need has arisen for the common man to have a basic understanding of the matrimonial laws in India.
Many times, problems arise subsequent to a marriage, remedies for which are prescribed mostly in the matrimonial law book. Â Issues such as separation / divorce / annulment of marriage / bigamy etc. fall within the ambit of matrimonial laws.
A good Lawyer’s duty is to first try to reciprocally settle the dispute arise between parties especially when the dispute is within the family. Divorce should be the last option when things are uncontrollable and when mental health & physical life is at risk.
The majority of family lawyers represent their clients during divorce proceedings and other related situations. Family law, however, covers a wide range of topics, such as foster care and reproductive rights. Having a dependable legal advisor by your side can help you ensure that your loved ones are properly represented and protected throughout any legal process because family law issues are so personal.
Divorce by Mutual Consent takes Six months to get an order after filing Mutual Consent Divorce Petition. Contested Divorce can take many Years as the case may be.
Services Provided: -
All types of divorce petition drafting and filing.
Mutual consent Divorce.
All Maintenance Petitions.
Child Custody & maintenance Petitions.
Petition for Annulment of Marriage.
Petition for Judicial separation.
Petition for Restitution of Conjugal rights.
Family Counselling and Mediations.
Complaints under 498A of Indian Penal Code.
Domestic Violence Complaints.
Family arrangements documentations.
Family Court Appeals.
You could call us on 9654711011 OR on 0124-4075701 write to us or e-mail us on p4legalip@gmail.com for immediate needed assistance, steps, and legal advisory.
Prior to fixing up meeting/ conference, you may call on 09654711011or on 0124-4075701 or write to us on p4legalip@gmail.com for necessary fee structure and quote and/or to know about the consultation& professional charges for needed legal representations.
Consumer Protection Act
The New Consumer Protection Act, 2019 was enacted to provide a simpler and quicker access to redress of consumer grievances. The Act seeks to promote and protects the interest of consumers against deficiencies and defects in goods or services. Keeping this in mind and to address the new set of challenges faced by consumers in the digital age, the Indian Parliament, on 6 August 2019, passed the landmark Consumer Protection Bill, 2019 which aims to provide the timely and effective administration and settlement of consumer disputes. The Consumer Protection Act, 2019 (New Act) received the assent of the President of India and was published in the official gazette on 9 August 2019. The New Act will come into force on such date as the Central Government may so notify. The New Act seeks to replace the more than 3 (three) decades old Consumer Protection Act, 1986 (Act).
Set out below are some of the Key Highlights of the New Act:
(a) Covers E-Commerce Transactions: The New Act has widened the definition of ‘consumer’. The definition now includes any person who buys any goods, whether through offline or online transactions, electronic means, teleshopping, direct selling or multi-level marketing. The earlier Act did not specifically include e-commerce transactions, and this lacuna has been addressed by the New Act.
(b) Enhancement of Pecuniary Jurisdiction: Revised pecuniary limits have been fixed under the New Act. Accordingly, the district forum can now entertain consumer complaints where the value of goods or services paid does not exceed INR 10, 000, 000 (Indian Rupees Ten Million). The State Commission can entertain disputes where such value exceeds INR 10, 000, 000 (Indian Rupees Ten Million) but does not exceed INR 100, 000, 000 (Indian Rupees One Hundred Million), and the National Commission can exercise jurisdiction where such value exceeds INR 100, 000, 000 (INR One Hundred Million).
(c) E-Filing of Complaints: The New Act provides flexibility to the consumer to file complaints with the jurisdictional consumer forum located at the place of residence or work of the consumer. This is unlike the current practice of filing it at the place of purchase or where the seller has its registered office address. The New Act also contains enabling provisions for consumers to file complaints electronically and for hearing and/or examining parties through video-conferencing. This is aimed to provide procedural ease and reduce inconvenience and harassment for the consumers.
(d) Establishment of Central Consumer Protection Authority: The New Act proposes the establishment of a regulatory authority known as the Central Consumer Protection Authority (CCPA), with wide powers of enforcement. The CCPA will have an investigation wing, headed by a Director-General, which may conduct inquiry or investigation into consumer law violations. The CCPA has been granted wide powers to take suo-moto actions, recall products, order reimbursement of the price of goods/services, cancel licenses and file class action suits, if a consumer complaint affects more than 1 (one) individual.
(e) Product Liability & Penal Consequences: The New Act has introduced the concept of product liability and brings within its scope, the product manufacturer, product service provider and product seller, for any claim for compensation. The term ‘product seller’ is defined to include a person who is involved in placing the product for a commercial purpose and as such would include e-commerce platforms as well. The defense that e-commerce platforms merely act as ‘platforms’ or ‘aggregators’ will not be accepted. There are increased liability risks for manufacturers as compared to product service providers and product sellers, considering that under the New Act, manufacturers will be liable in product liability action even where he proves that he was not negligent or fraudulent in making the express warranty of a product. Certain exceptions have been provided under the New Act from liability claims, such as, that the product seller will not be liable where the product has been misused, altered or modified.
(f) Unfair Trade Practices: The New Act introduces a specific broad definition of Unfair Trade Practices, which also includes sharing of personal information given by the consumer in confidence, unless such disclosure is made in accordance with the provisions of any other law.
(e) Penalties for Misleading Advertisement: The CCPA may impose a penalty of up to INR 1, 000, 000 (Indian Rupees One Million) on a manufacturer or an endorser, for a false or misleading advertisement. The CCPA may also sentence them to imprisonment for up to 2 (two) years for the same. In case of a subsequent offence, the fine may extend to INR 5, 000, 000 (Indian Rupees Five Million) and imprisonment of up to 5 (five) years. The CCPA can also prohibit the endorser of a misleading advertisement from endorsing that particular product or service for a period of up to 1 (one) year. For every subsequent offence, the period of prohibition may extend to 3 (three) years.
(g) Provision for Alternate Dispute Resolution: The New Act provides for mediation as an Alternate Dispute Resolution mechanism, making the process of dispute adjudication simpler and quicker. This will help with the speedier resolution of disputes and reduce pressure on consumer courts, who already have numerous cases pending before them.
You could call us on 9654711011 OR on 0124-4075701 write to us or e-mail us on p4legalip@gmail.com for immediate needed assistance, steps, and legal advisory.
Prior to fixing up the meeting/ conference, you may call on 09654711011 or on 0124-4075701 or write to us on p4legalip@gmail.com for necessary fee structure and quote and/or to know about the consultation & professional charges for needed legal representations.
Our firm has extensive experience in handling the most complex of Criminal Prosecution and Defense, from murder cases to complicated white collar criminal matters, including Rape, Fraud, Cheating, Forgery, Trespass, Defamation, Domestic Violence, and money laundering cases.
Our firm also undertake the matters related to Bail, Anticipatory Bail, Transit Bail across India.
Our firm not only utilizes the inventive approaches to a case but also consult with skilled and knowledgeable experts to devise alternatives to strict sentencing guidelines and to achieve humane dispositions.
You could call us on 9654711011 OR on 0124-4075701 write to us or e-mail us on p4legalip@gmail.com for immediate needed assistance, steps, and legal advisory.
Prior to fixing up meeting/ conference, you may call on 09654711011or on 0124-4075701 or write to us on p4legalip@gmail.com for necessary fee structure and quote and/or to know about the consultation& professional charges for needed legal representations.
About GST Registration & Filing Return
The Goods and Services Tax (GST) is a tax on goods and services consumed in India. GST is an indirect tax that has replaced many other indirect taxes in India, such as excise duty, VAT, and services tax. GST has been in force from 1st July, 2017 based on the Goods and Service Tax Act passed by the Indian Parliament on March 29, 2017.
Taxable person under GST
A 'taxable person' under the GST Act is someone who conducts business in India and is registered or needs to be registered under the GST Act. A taxable person can be an individual, HUF, company, firm, LLP, an AOP/ BOI, any corporation or Government company, body corporate incorporated under the laws of a foreign country, co-operative societies, local authorities, governments, trusts, or artificial juridical persons.
GST Registration Turnover Limit
GST registration can be obtained voluntarily by any person or entity irrespective of turnover. GST registration becomes mandatory if a person or entity sells goods or services beyond a certain turnover.
Service Providers: Any person or entity who provides service of more than Rs.20 lakhs in aggregate turnover in a year is required to obtain GST registration. In special category states, the GST turnover limit for service providers has been fixed at Rs.10 lakhs.
Goods Suppliers: As per notification No.10/2019 any person who is engaged in the exclusive supply of goods whose aggregate turnover crosses Rs.40 lakhs in a year is required to obtain GST registration. To be eligible for the Rs.40 lakhs turnover limit, the supplier must satisfy the following conditions:
Should not be providing any services.
The supplier should not be engaged in making intra-state (supplying goods within the same state) supplies in the States of Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland, Puducherry, Sikkim, Telangana, Tripur and Uttarakhand.
Should not be involved in the supply of ice cream, pan masala or tobacco.
If the above conditions are not met, the supplier of goods would be required to obtain GST registration when the turnover crosses Rs.20 lakhs and Rs.10 lakhs in special category states.
Special Category States: Under GST, the following are listed as special category states - Arunachal Pradesh, Assam, Jammu and Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, Himachal Pradesh and Uttarakhand.
Aggregate Turnover: Aggregate turnover = (Taxable supplies + Exempt Supplies + Exports + Inter-State Supplies) – (Taxes + Value of Inward Supplies + Value of Supplies Taxable under Reverse Charge + Value of Non-Taxable Supplies).
Aggregate turnover is calculated based on the PAN. Hence, even if one person has multiple places of business, it must be summed to arrive at the aggregate turnover.
Types of GST Registration
There are various types of GST registration like regular, casual taxable persons, non-resident taxable persons and eCommerce operators. Casual taxable persons, non-resident taxable persons and eCommerce operators are required to obtain GST registration irrespective of turnover limit.
Casual Taxable Persons: The GST Act defines as a casual taxable person as a person who occasionally supplies goods or services in a State or a Union territory where the entity has no fixed place of business. Hence, persons running temporary businesses in fairs or exhibitions or seasonal businesses would fall under casual taxable person under GST.
Non-resident Taxable Persons: Non-resident taxable person (NRI) under GST is any person or business or not-for-profit supplying goods or services but have no fixed place of business or residence in India. Thus, any foreign person or foreign business or organisation supplying goods or services to India would be a non-resident taxable person – requiring compliance with all GST regulations in India.
E-Commerce Operators: Electronic commerce operator is every person who, owns, operates or manages digital or electronic facility or platform for electronic commerce. Thus, any person selling through the internet can be termed as an eCommerce Operator requiring GST registration irrespective of business turnover.
What is GSTIN?
GSTIN or Goods and Services Tax Identification Number (GSTIN) is provided to entities having GST registration number. GSTIN is 15 characters in length. The allocation of GSTIN is based on PAN and State of the applicant. In a GST registration number, the first two digits represent the State Code. The following next 10 digits represent the PAN of the applicant.
Download GST Registration Certificate
GST Certificate is issued to people who are registered under GST. Those are having GST registration certificate are mandatorily required to display the registration certificate prominently at their place of business. Downloading GST certificate is a pretty easy process through the GST Portal. Login to the GST Account and and go to User Services. In User Services, click on View / Download Certificate to download GST registration certificate.
Voluntary GST Registration
Any person or entity that wishes to supply goods or services can obtain GST registration voluntarily, irrespective of business turnover. Voluntarily obtaining GST registration can help the business avail Input Tax Credit and also provide GST bill to customers.
Penalty for NOT Obtaining GST Registration.
Any person or entity that crosses the aggregate turnover limit must obtain GST registration within 30 days of becoming liable to obtain GST registration. Delay or non-compliance can lead to a penalty of Rs. 10, 000 and loss of input tax credit during the period of delay.
Documents Required for GST Registration :-
Sole proprietor / Individual
LLP and Partnership Firms
HUF
PAN card of HUF
Company (Public and Private) (Indian and foreign)
Benefits of GST Registration
The following are some of the advantages of GST registration:
Bank Loans: GST registration and GST return filing serve as proof of business activity and create track record for a business. Banks and NBFCs lend to businesses based on GST return data. Hence, GST registration can help you formalize your business and get credit.
Supplier Onboarding: To become a supplier of reputed companies, GST registration is often timing a must during the supplier onboarding process. Hence, GST registration can help you get more business.
eCommerce: GST registration is a must to sell online and through various platforms like Amazon, Flipkart, Snapdeal, Zomato, Swiggy, etc., Hence, having a GST registration will allow you to sell online.
Input Tax Credit: Entities having GST registration are eligible to collect GST from customer for the supply and offset the liability against GST taxes paid while purchasing various goods and services. Hence, GST registration can help you save on taxes and improve margins.
You could call us on 9654711011 OR on 0124-4075701 write to us or e-mail us on p4legalip@gmail.com for immediate needed assistance, steps, and legal advisory.
Prior to fixing up meeting/ conference, you may call on 09654711011or on 0124-4075701 or write to us on p4legalip@gmail.com for necessary fee structure and quote and/or to know about the consultation& professional charges for needed legal representations.
ISO certification helps to boost your business quality additionally the overall potency of thebusiness. ISO is an independent organization that gives standards in terms of quality, safety, and efficiency of products and services provided by businesses. With the increasingcompetition among the business, it’s top of the notch to deliver top quality of goods &services so as to sustain within the market.
Other Certification
E-Commerce/Internet & IPR Enforcement
The boundless growth of Internet and its accessibility to people across the world has led to a huge increase in IPR violations and related issues over the Internet. Enforcement of Intellectual Property over the Internet is a sphere which we undertake with utmost sincerity and dedication. IPR violations over the Internet have seen a huge increase in the last half a decade with the upspring of newer business models such as e-commerce platforms and marketplaces and we have kept pace with it. Our Internet Violation Department deals with the following matters:
We provide the following services –
Enforcing IP Rights through Litigation For Online Infringers which are not inclined towards giving up the acts of infringement even after Legal Notices and warning letters, we provide end-to-end services towards filing and pursuing litigation (civil and criminal remedies) before the appropriate Courts/Tribunals across the country.
We provide Legal Solutions against all the following types of Entities/Operators existing in the Online Space – 1. E-Retail Websites2. Marketplace Websites (Intermediary Model)3. Social Media Websites4. Comparison Websites5. Cyber – Squatters (Domain Name Infringements)
You could call us on 9654711011 OR on 0124-4075701 write to us or e-mail us on p4legalip@gmail.com for immediate needed assistance, steps, and legal advisory.
Prior to fixing up meeting/ conference, you may call on 09654711011or on 0124-4075701 or write to us on p4legalip@gmail.com for necessary fee structure and quote and/or to know about the consultation& professional charges for needed legal representations.
Handling Civil Cases
The Firm is in active litigation practise dealing wide variety of cases in District Court of Gurugram, Dwarka Courts High Court of Punjab and Haryana, RERA Authority in Gurugram, Delhi, Jaipur and Dehradun, NCRDC and Insolvency cases and Supreme court of India dealing in under mentioned disputes
1. Intellectual Property Cases2. RERA Complaint filing3. Property Sale and Purchase Related Cases4. Partition Cases5. Recovery Cases6. Consumer Case
About Patent Registration
Patents provide time-limited monopolies for the disclosure of inventions. These monopoly rights allow inventors or the businesses that own them to profit financially, providing an incentive for investing the time and money into research and development. A patent allows you to exclude competition for what is covered by the patent. This allows you to capture all of the sales for your new and innovative product or service. And without competition you can set your price higher and earn a higher profit margin. All other things equal, you will make more money with a patent than without.
Aside from market value and pricing power, patents can deter your competition from copying your product or service, or when they fail to respect your patent, entitle you to claim monetary damages for your lost profits from competitors who do. This provides a level of security that allows new companies to build their business without being quickly overcome by large competitors with more resources.
An enforceable Patent is the key to effective Commercialization/Out-Licensing of any technology. No matter how good a technology is, if the description of the technical subject matter is not enabling or fails to disclose all necessary embodiments, and in case the claims are narrowly drafted and do not gain support from the specification, the worth of the technology is insignificant.
Our firm’s greatest strength is in helping clients with patents. We are particularly experienced in helping companies achieve their patenting objectives in a way that allows them to budget their expenditures to scale with the growth of their business.
We provide comprehensive patent services in India. We also help clients obtain patents elsewhere around the world by acting as a liaison with patent agents in other jurisdictions.
An overview of the types of Patent Services that we provide is found below
Important Key Points/FAQs About Patent
What is a Patent?
Ans. A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.
What is the term of a patent in the Indian system?
Ans. The term of every patent granted is 20 years from the date of filing of application. However, for application filed under national phase under Patent Cooperation Treaty (PCT), the term of patent will be 20 years from the international filing date accorded under PCT.
Which Act governs the patent system in India?
Ans. The patent system in India is governed by the Patents Act, 1970 (No.39 of 1970) as amended by the Patents (Amendment) Act, 2005 and the Patents Rules, 2003. The Patent Rules are regularly amended in consonance with the changing environment, most recent being in 2016.
Does Indian Patent give protection worldwide?
Ans. No, Patent protection is a territorial right and therefore it is effective only within the territory of India. There is no concept of global patent. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries or under PCT, within or before expiry of twelve months from the filing date in India. Patents should be obtained in each country where the applicant requires protection of his invention.
What can be patented?
Ans. An invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under sections 3 and 4 of the Act.
What are the criteria of patentability?
Ans. An invention is patentable subject matter if it meets the following criteria –
What types of inventions are not patentable in India?
Ans. An invention may satisfy the condition of novelty, inventiveness and usefulness but it may not qualify for a patent under the following situations:
1) an invention which is frivolous or which claims anything obviously contrary to well established natural laws;
2) an invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human , animal or plant life or health or to the environment;
3) the mere discovery of scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature;
4) the mere discovery of a new form of a known substance which does not result in enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant;
Explanation: For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regards to efficacy;
5) a substance obtained by mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance;
6) the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way;
7) a method of agriculture or horticulture;
8) any process for medicinal, surgical, curative, prophylactic (diagnostic, therapeutic) or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products;
9) plants and animals in whole or any part thereof other than microorganisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals;
10) a mathematical or business method or a computer program per se or algorithms;
11) a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions;
12) a mere scheme or rule or method of performing mental act or method of playing game;
13) a presentation of information;
14) topography of integrated circuits;
15) an invention which, in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components;
16) inventions relating to atomic energy;
Can any invention be patented after publication or display in the public exhibition?
Ans. Generally, an invention which has been either published or publicly displayed cannot be patented as such publication or public display leads to lack of novelty. However, under certain circumstances, the Patents Act provides a grace period of 12 months for filing of patent application from the date of its publication in a journal or its public display in an exhibition organized by the Government or disclosure before any learned society or published by applicant. The detailed conditions are provided under Chapter VI of the Act (Section 29-34).
Does the Patent Office keep information of the invention secret?
Ans. Yes. All the patent applications are kept secret upto 18 months from the date of filing or priority date whichever is earlier and thereafter they are published in the Official Journal of the Patent Office which is published every week and also available on the IPO website. After its publication, public can inspect the documents and also may take the photocopy thereof on payment of the fee as prescribed.
Who can apply for a patent?
Ans. A patent application can be filed either by true and first inventor or his assignee, either alone or jointly with any other person. However, legal representative of any deceased person can also make an application for patent.
How can I apply for a patent?
Ans. A patent application can be filed with Indian Patent Office either with provisional specification or with complete specification along with fee as prescribed in schedule I. In case the application is filed with provisional specification, then one has to file complete specification within 12 months from the date of filing of the provisional application. There is no further extension of time to file complete specification after expiry of said period.
What are the types of applications?
Ans. The types of applications that can be filed are:
A) PROVISIONAL APPLICATION :Indian Patent Law follows first to file system. A provisional application is an application which can be filed if the invention is still under experimentation stage. Filing a provisional specification provides the advantage to the inventor since it helps in establishing a priority date of the invention. Further, the inventor gets 12 months’ time to fully develop the invention and ascertain its market potential and to file the complete specification.
B) ORDINARY APPLICATION: An application for patent filed in the Patent Office without claiming any priority either in a convention country or without any reference to any other earlier application under process in the office. Such type of application is known an ordinary application.
C) CONVENTION APPLICATION: An application for patent filed in the Patent Office, claiming a priority date based on the same or substantially similar application filed in one or more of the convention countries is known as a convention application. In order to get convention status, an applicant should file the application in the Indian Patent Office within 12 months from the date of first filing of a similar application in the convention country.
D) PCT INTERNATIONAL APPLICATION: An Application filed in India as Receiving Office (RO) under Patent Cooperation Treaty is an international application which can be filed in more than 150 countries by a single application.
E) PCT NATIONAL PHASE APPLICATION: When an international application is made according to PCT designating India, an applicant can file the national phase application in India within 31 months from the international filing date or the priority date, whichever is earlier.
F) PATENT OF ADDITION : When an invention is a slight modification of the earlier invention for which he has already applied for or has obtained patent, the applicant can go for patent of addition if the modification in the invention is new. One of the benefits of filing patent of addition is that there no need to pay separate renewal fee for the patent of addition during the term of the main patent and it expires along with the main patent.
G) DIVISIONAL APPLICATION: When an application claims more than one invention, the applicant on his own or to meet the official objection on the ground of plurality or distinct invention may divide the application and file two or more applications, as the case may be for each of the inventions. This type of application, divided out of the parent one, is known a Divisional Application. The priority date for all the divisional applications will be same as that of the main (the Parent) Application (Ante-dating).
Is it necessary to file a provisional application?
Ans. Generally, when an invention is not complete an application can be filed with provisional specification which is known as provisional application. This is useful in establishing a priority date for your invention. Moreover, it also gives sufficient time to the applicant to assess and evaluate the market potential of his invention before filing complete specification. However, it is not necessary to file an application with provisional specification and one can file application directly with complete specification.
When is an application for patent published?
Ans. Every application for patent is published after expiry of 18 months from the date of its filing or priority date whichever is earlier. However, following applications are not published.
A) Application in which secrecy direction is imposed
B) Application which has been abandoned u/s 9(1) and i.e when a provisional application has been filed and the complete application has not been filed with 12 months from the filing of the provisional application
C) Application which has been withdrawn 3 months prior to 18 months 26.
Is there any provision in the Patents Act for early publication?
Ans. Yes, the applicant can make a request for early publication in Form 9 along with the prescribed fee. After receiving such request the Patent Office publishes such application within a period of one month provided the invention contained thereon does not relate to Atomic energy or Defense purpose
You could call us on 9654711011 OR on 0124-4075701 write to us or e-mail us on p4legalip@gmail.com for immediate needed assistance, steps, and legal advisory.
Prior to fixing up the meeting/ conference, you may call on 09654711011 or on 0124-4075701 or write to us on p4legalip@gmail.com for necessary fee structure and quote and/or to know about the consultation & professional charges for needed legal representations.
An Overview of ISI Certification
The term ISI stands for “Indian Standard Institute” and the ISI mark guarantees that an electrical product adheres to the Indian standards prescribed by the ISI. The process for obtaining ISI Mark is known as ISI certification. Generally, obtaining ISI Certification is a voluntary act. However, there are some electrical products or items, like wires, appliances, electric motors, etc. An ISI mark is compulsory before they can be sold in the market. This Certificate proves that an electrical item or appliance is safe to use.
In the mid-1980s, the BIS Act 1986 was introduced after it was felt suitable to give ISI's operations statutory status. The ISI was renamed ad the Bureau of Indian Standards (BIS) to facilitate the production of standardisation & quality certification of products cooperatively, with clearly specified procedural protections. Any importer or manufacturer who wants to get their products registered with the ISI Scheme of BIS has to follow predefined procedures from the department, which comprise application filing, inspection, product testing, and application examination.
What are the Objectives of an ISI Certification?
The objectives of ISI Certification in India are as follows:
Who grants ISI Certification in India?The National Standard Body, i.e., BIS (Bureau of Indian Standards), has the autonomy to grant ISI certificates or marks in India. Further, once an application for the ISI Certificate is received, the BIS officer starts a preliminary examination and verification of the factory premise. The same is done to ensure that the product not only complies with the Indian Standards but is also safe to use and is not hazardous to the health of citizens in any form.
What are the Benefits of an ISI Marked Product?
The following are the benefits of an ISI Marked Product:
Products Require Mandatory ISI Certification in IndiaAt present, the Indian Government has implemented numerous changes to the manufacturing and trading sectors. These changes include specifying higher standards by the Bureau of Indian Standards, which must comply with by every manufacturer who wants to sell their product or items in the market. The following products require compulsory ISI Certification:
Some Important Points to Consider for ISI Mark Certification in India
The key pointers to consider about ISI Mark certification in India are as follows:
What are the Documents required for obtaining ISI Certification?
The documents required for obtaining an ISI Certification are listed below:
What are the steps included in the procedure of obtaining ISI Certification?
The procedure for Obtaining ISI Certification in India involves the following steps:
Step 1: Select the Product Code - The foremost step is to select a product quality that fulfils the guidelines prescribed by the BIS. The applicant must identify and choose an ISI (Indian Standard Institute) standard product code for their product.
Step 2: Fill up the Application form for obtaining ISI Certification - After selecting the product code, the applicant must apply for ISI Certification. For this, Form-V is filed as an application for obtaining ISI certification along with the prescribed registration fees. Moreover, the applicant must pay audit fees in addition to the registration fees for further inspection.
Note: The applicant must file separate ISI forms for each product manufactured.
Step 3: Inspection of the Factory Premise by the BIS Officer - The BIS Officer and the Inspection team will visit the applicant's factory premises. Further, the Inspection team will thoroughly examine the quality control and manufacturing process of the applicant's factory. The BIS Officer will collect some products as samples, and send the same for testing in a BIS authorised laboratory.
Step 4: Submit Sample Report - The applicant must obtain the product sample's report from the authorised labs and submit it to BIS.
Step 5: Issuance of ISI Certificate - Once the process of applying and verification of the submitted documents, test report, and application form (in Form-V) is completed, the BIS Authority issues a Certificate of ISI Mark Registration. Usually, the process of acquiring ISI Mark Certification takes around the time of 30 days, starting from the date of application submission. Further, the issued ISI Certificate is valid for a time span of 1 year and the same is qualified to get renewed after the expiry. To get the Certificate renewed, the applicant needs to file an application duly certified by a Practising Chartered Accountant.
Renewal of ISI Certification
An ISI Mark Certification is valid for 1 year. However, the Certification can be renewed further by filing an application and paying the prescribed renewal fees. A Practising Chartered Accountant must verify the application for the renewal of ISI Certification.
Penalty for misusing an ISI markIf a manufacturer or producer of any goods counterfeits or imitates a registered mark, the manufacturer will be subjected to a penalty of Rs. 50000/- and imprisonment for up to one year.
You could call us on 9654711011 OR on 0124-4075701 write to us or e-mail us on p4legalip@gmail.com for immediate needed assistance, steps, and legal advisory.
Prior to fixing up meeting/ conference, you may call on 09654711011or on 0124-4075701 or write to us on p4legalip@gmail.com for necessary fee structure and quote and/or to know about the consultation& professional charges for needed legal representations.
Agreement comprises of essential fundamentals of any business ventures determining the rights, duties, responsibility, and obligation of the participating parties to an agreement and binds them together, towards the achievement of common business objectives. The Indian Contract Act 1872 constitutes the basis of all the contractual agreements and at Utopia IP & Associates we cater and take care of drafting and vetting different kind of agreements by well experienced legal counsels:
Drafting and Vetting of Agreement for Property Related Documents:
You could call us on 9654711011 OR on 0124-4075701 write to us or e-mail us on p4legalip@gmail.com for immediate needed assistance, steps, and legal advisory.
Prior to fixing up meeting/ conference, you may call on 09654711011or on 0124-4075701 or write to us on p4legalip@gmail.com for necessary fee structure and quote and/or to know about the consultation& professional charges for needed legal representations.
Import Export Code Consultants
Taking your product or services to the international market will expand your businesses. But visualizing an import/export operation itself can be difficult for an uninitiated person, and her job is made more difficult by the various commercial jargons and legal procedures that international trade has. In this present article we shall deal with a small part of import and export, called Importer Exporter Code.
What is Importer Exporter Code (IEC)
The first requirement before you start an import/ export business in India is to obtain an IEC. An IEC is necessary for import/export of goods. In case the import/export is of services or technology, IEC is required in only limited circumstances, when import/export is in 'specified services' or 'specified technologies', i.e. services or technologies in which international trade is restricted by the Government of India as they pertain to national security, such as dealing in nuclear weapons, automatic guns, etc.
IEC is not required under the following circumstances:
1. Import/export of goods for personal use, which is not connected with trade, manufacture, or agriculture.
2. Import/export by government ministries and departments, and certain notified charitable organizations.
Procedure for obtaining IEC
1) An application must be made in the Aayaat Niryaat Form 2A (ANF 2A) format to the Regional Authority of the Directorate General of Foreign Trade (DGFT) in the region where the registered office of the company is situated.
2) The DGFT has provided online filing facility for obtaining IEC and other authorizations. Form ANF 2A requires basic details of the business and its proprietors, partners or directors (as applicable), bank account details and a bank certificate (where the business has an account) stating the period for which the business has an account with the bank.
One thing to be kept in mind is that the Permanent Account Number (PAN) is pre-requisite for grant of an IEC. And only one IEC can be issued against a single PAN.
The IEC issued is valid for all the branches or factories of the importer/exporter, as the case may be. Applications winch are complete in all respects are normally disposed of within two days. For practical purposes, you can provide for a week's time (after factoring in the time required to make any changes in case your initial application is incomplete in some respect).
You could call us on 9654711011 OR on 0124-4075701 write to us or e-mail us on p4legalip@gmail.com for immediate needed assistance, steps, and legal advisory.
Prior to fixing up meeting/ conference, you may call on 09654711011or on 0124-4075701 or write to us on p4legalip@gmail.com for necessary fee structure and quote and/or to know about the consultation& professional charges for needed legal representations.
