Amity University, Uttar Pradesh
Third Weekly Progress Report
Monday (19/06/2017)
On the first day of the last week my internship guide gave the research work
on the consumer protection act. Under this act I have to research on this that
when the people become the consumer under purchase of building.
Checking property measurements
Your legal practitioner or conveyance will send you a plan of the land so you can check all
measurements and boundaries correspond with the Certificate of Title. Confirm with your legal
practitioner or conveyance if the measurements and boundaries are correct or alert them to
any discrepancies. If you use a conveyance, make sure that they are licensed. You can find a
licensed conveyance, or check a conveyance’s license details, by searching the Public register of
conveyances online.
Lender’s property valuation
Your lenderwill usuallyarrange foravaluationof the propertytoensure the price you paid corresponds
withitsapproximate marketvalue.Thismayhappenbefore yousignthe contractof sale,if the property
is not being sold at auction.
Home insurance
Even though the seller’s insurance may cover the property up to the date of settlement, your
lender will recommend you take out building insurance effective from the date the seller signs
the contract. This is to safeguard their interest in the property, as well as your own.
Pre-settlement property inspection
Buyers are entitled to inspect at any reasonable time during the week before settlement. You can
contact the agent to arrange this inspection. The contract of sale requires the seller to hand over
the property in the same condition as when it was sold. If, during the final pre-settlement
inspection, you find that something is damaged or not working as it was on the day the property
was sold, you can request a repair. Make a list of the things you need to check from the notes you
made about the property during your pre-purchase inspections. Check all the items listed in the
contract are there and in the right condition.
At the time of property settlement
Aboutpropertysettlement
The seller sets the date of settlement in the contract of sale. The settlement period is usually 30 to 90
days.
Settlement is the date when the buyer:
 pays the balance of the purchase price to the seller
 receives the property title and become the registered owner
 takes possession of the property, unless otherwise arranged.
Thisis an official processusuallyconductedbetweenlegal andfinancial representativesof the buyerand
seller.
At settlement, all outgoings such as rates and other charges are adjusted between the seller and the
buyer.
The seller is responsible for rates up to and including the day of settlement. The buyer is responsible
from the day after settlement.
Taking possession of the property
Once settlementiscompleted,the buyercancollectthe keysfromthe agentand take possession of the
property.
Tuesday (20/06/2017)
On the Second day of the last week my internship guide gave work of research on the medical device
rule 2017. On this topic I have researched on these following parameters and these were:-
1. Formation of the rule
2. What is Medical Device Rule
3. Which devices were including?
4. Who formed the rule?
The Ministryof HealthandFamily Welfare has notified Medical Devices Rules, 2017 on 31.01.2017. The
new Rules have been framed in conformity with Global Harmonisation Task Force (GHTF) framework
and conform to best international practices. Only 15 categories of medical devices are, at present,
regulatedasdrugsand to that extent,the current regulatory practices in India were not fully geared to
meet the requirements of medical devices sector in the country. The new Rules seek to remove
regulatorybottleneckstomake in India, facilitate ease of doing business while ensuring availability of
better medical devices for patient care and safety.
Medical devices will underthe newRules,be classified as per GHTF practice, based on associated risks,
intoClass A (low risk), Class B (low moderate risk), Class C (moderate high risk) and Class D (high risk).
The manufacturers of medical devices will be required to meet risk proportionate regulatory
requirements that have been specified in the Rules and are based on best international practices.
Wednesday (21/06/2017)
On the third day of the last week my internship guide gave the work of research on the procedure of
obtaining license for marketing of foreign medical devices in India:-
Step 1 Determine if your product requires registration
In India import and manufacturing, sale of medical devices is regulated under the Drugs and cosmetic
act, 1940 and rules 1945. At present 22 notified medical devices are regulated under the said act.
Medical devices which required registration in India include spinal needle, cochlear implants,
annuloplastyrings,andtracheotomytubes,syringesandneedles,dental implant,surgical sealants,heart
valves, cardiac stents, orthopedic implants, endotractracheal tube, and, catheters, among others.
Step 2 Appoint an authorized Indian agent
The regulation in India require that foreign manufactures have representative in India who will act
on their behalf as the point of contact for inspection authorities, assist in device approval and
registration process and vigilance/adverse event reporting. The authorized agent should have a
wholesale drug license in form 20B and 21B.
Step 3 Submit the regulatory dossier under form 40
A dossier has to be prepared with the required list of document to start with registration process.
Below is an overview of the documents required ,
1. Form 40
2. TR 6 Chalan
3. Power of Attorney
4. Schedule D(I)
5. ISO 13485 Certificate
6. Full Quality Assurance Certificate
7. CE Design Certificate
8. Declaration of conformity
9. Free sale certificate
10. Certificate of marketability from GHTF
11. Other Regulatory Approvals
12. PMS Report
13. Plant Master file
14. Device Master File
The CDSCO fees for registering a single manufacturing site are Rs. 969232.50 and 64615.50 for a
single device family.The time forregistrationprocesscan take anywhere between 6 to 9 months. if the
productsdo not have a predicate inIndiathe processing time will increase and special committee will
be appointed to determine the product safety and efficacy for the India market.
Step 4 Obtain a Registration Certificate in Form 41
Afterthe documentsubmissionthe CDSCOwill getbacktothe Indianagentwiththe first query letter in
about 3 months times. Upon receiving the answer for the query the CDSCO will either issue a
subsequent query letter or grant license. The registration certificate is valid for 3 years.
Step 5 Obtain Import license in form 10
The form 10 has to be applied at the CDSCO by distributor directly. An Application has to be made in
form 8 along with form 9 which mentions the registration certification number. The process takes 4 to
12 weeks.
Step 6 Marketing in India
Once the registration certificate and the import license are issued the product can enter in the Indian
market.The authorizedIndianagentshouldreportanychange adverse event, recalls in other countries
etc to CDSCO as and when they happen.
Thursday (22/06/2017)
On fourthdayof the last weekmyinternshipguide gave the work of legal research on the famous case
laws Security Exchange Board of India Vs Sahara India:-
Facts:-
In this case the two famous companies of Sahara issue optionally fully converted debentures to the
public throughout the country for many months. The OFCD’s were issued after filling of RHP (Red hearing
Prospectus) withthe registrarof the companies,althoughrulesrequiredpermissionSEBIforany issuance
securitiesto50 or more investors.Inthiscase the numberof investorrunintocrores.SEBIhas claimedit
jurisdictionandobjectedonSahara why not taken permission from it. Sahara has claimed that the said
bonds are hybrid product, thus does not come under the jurisdiction of SEBI, instead is governed by
Registrar of Companies (ROC) under Ministry of Corporate Affairs, from which the two companies of
Sahara has alreadytakenpermissionandsubmittedthe redherringprospectuswith ROC before issuing
the bonds.Eventually,Sebi passedan interim order against the two companies on November 24, 2010,
askingthemto refundthe moneycollectedfrominvestors.A final orderwas passed by the regulator on
June 23, 2011, while the group challenged these directions before the Securities Appellate Tribunal.
However,the Tribunal upheldthe Sebi orders on October 18, 2011, and asked the companies to refund
Rs 25,781 crore to over three crore investors.
Judgment:-
The group then moved the Supreme Court, which also passed a historic order on August 31, 2012, asking the
two companies to deposit outstanding amount of over Rs 24,000 crores with Sebi for refund to the investors.
Saharas were also asked to deposit details of all investors to Sebi, which was mandated to refund the money
after verifying their genuineness. Sebi again moved the Supreme Court alleging non- compliance by the group
to the earlier orders, pursuant to which the apex court passed another order on December 5, 2012, and asked
the two firms to deposit the money in three installments beginning with an immediate payment of Rs 5,120
crore. While the group paid the first installment, it failed to meet the deadline for other two payments and
rather claimed to have already paid more than Rs 20,000 crore directly to the investors. Unconvinced with
Sahara' claims, Sebi passed orders on February 13, 2013, to attach bank accounts and other properties of the
group and later issued summons for personal appearance of Subrata Roy and other three directors before it.
Subrata Roy was arrested and sent to jail in 2014 along with two Sahara directors for the failure
of two group companies to comply with the court's order of 2012 to return Rs. 24,000 crore to
their investors. Subrata Roy was arrested and sent to jail in 2014 along with two Sahara directors
for the failure of two group companies to comply with the court's order of 2012 to return Rs.
24,000 crores to their investors. Last year in May, the Supreme Court granted a four-week parole
to Mr. Roy to attend the funeral of his mother. His parole has been extended by the court ever
since. The regulatoralsoaskedvariousfinancial institutionsincludingbankstofreeze all accountsof the
group,besideswritingtodistrictcollectorsandotherauthoritiesforattachmentof land, real estate and
other properties. Similar letters were sent also to the tax department and other agencies like
Enforcement Directorate too. Later, Sebi began an exercise for refund to genuine investors from Rs
5,120 crore deposited by Saharas. However, not much headway appears to have been made in the
process as Sebi has detected instances of multiple accounts, on which it has sought a clarity from the
Supreme Court.
Friday (23/06/17)
On last day of the internship my internship guide gave the work of making the details of the company
according to their registration number as they apply for the trade mark. A trademark is a word,
phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one
party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies
and distinguishes the source of a service rather than goods. Some examples include: brand
names, slogans, and logos. The term "trademark" is often used in a general sense to refer to both
trademarks and service marks.
Unlike patents and copyrights, trademarks do not expire after a set term of years. Trademark
rights come from actual “use” (see below). Therefore, a trademark can last forever - so long as
you continue to use the mark in commerce to indicate the source of goods and services. A
trademark registration can also last forever - so long as you file specific documents and pay fees at
regular intervals.
Must all trademarks be registered? No, registration is not mandatory. You can establish
“common law” rights in a mark based solely on use of the mark in commerce, without a
registration. However, federal registration of a trademark with the USPTO has several
advantages, including a notice to the public of the registrant's claim of ownership of the mark, a
legal presumption of ownership nationwide, and the exclusive right to use the mark on or in
connection with the goods or services set forth in the registration. For more information about
“common law” trademark rights and the advantages of federal registration see the Basic Facts
About Trademarks brochure.
Each time you use your mark, it is best to use a designation with it. If registered with the
USPTO, use the ® symbol after your mark. If not yet registered, you may use TM for goods or
SM for services, to indicate that you have adopted this as a “common law” trademark or service
mark.
NOTE: Use of a business name does not necessarily qualify as trademark use, though other use
of a business name as the source of goods or services may qualify it as both a business name and
a trademark. Many states and local jurisdictions register business names, either as part of
obtaining a certificate to do business or as an assumed name filing. For example, in a state where
you will be doing business, you might file documents (typically with a state corporation
commission or state division of corporations) to form a business entity, such as a corporation or
limited liability company. You would select a name for your entity, for example, XYZ, Inc. If no
other company has already applied for that exact name in that state and you comply with all
other requirements, the state likely would issue you a certificate and authorize you to do business
under that name. However, a state’s authorization to form a business with a particular name does
not also give you trademark rights and other parties could later try to prevent your use of the
business name if they believe a likelihood of confusion exists with their trademarks. For more
information on when a designation may function as both a business name (“trade name”) and a
trademark or service mark, see TMEP §1202.01

Internship Report for law students

  • 1.
    Amity University, UttarPradesh Third Weekly Progress Report Monday (19/06/2017) On the first day of the last week my internship guide gave the research work on the consumer protection act. Under this act I have to research on this that when the people become the consumer under purchase of building. Checking property measurements Your legal practitioner or conveyance will send you a plan of the land so you can check all measurements and boundaries correspond with the Certificate of Title. Confirm with your legal practitioner or conveyance if the measurements and boundaries are correct or alert them to any discrepancies. If you use a conveyance, make sure that they are licensed. You can find a licensed conveyance, or check a conveyance’s license details, by searching the Public register of conveyances online. Lender’s property valuation Your lenderwill usuallyarrange foravaluationof the propertytoensure the price you paid corresponds withitsapproximate marketvalue.Thismayhappenbefore yousignthe contractof sale,if the property is not being sold at auction. Home insurance Even though the seller’s insurance may cover the property up to the date of settlement, your lender will recommend you take out building insurance effective from the date the seller signs the contract. This is to safeguard their interest in the property, as well as your own. Pre-settlement property inspection Buyers are entitled to inspect at any reasonable time during the week before settlement. You can contact the agent to arrange this inspection. The contract of sale requires the seller to hand over the property in the same condition as when it was sold. If, during the final pre-settlement inspection, you find that something is damaged or not working as it was on the day the property was sold, you can request a repair. Make a list of the things you need to check from the notes you made about the property during your pre-purchase inspections. Check all the items listed in the contract are there and in the right condition. At the time of property settlement Aboutpropertysettlement
  • 2.
    The seller setsthe date of settlement in the contract of sale. The settlement period is usually 30 to 90 days. Settlement is the date when the buyer:  pays the balance of the purchase price to the seller  receives the property title and become the registered owner  takes possession of the property, unless otherwise arranged. Thisis an official processusuallyconductedbetweenlegal andfinancial representativesof the buyerand seller. At settlement, all outgoings such as rates and other charges are adjusted between the seller and the buyer. The seller is responsible for rates up to and including the day of settlement. The buyer is responsible from the day after settlement. Taking possession of the property Once settlementiscompleted,the buyercancollectthe keysfromthe agentand take possession of the property. Tuesday (20/06/2017) On the Second day of the last week my internship guide gave work of research on the medical device rule 2017. On this topic I have researched on these following parameters and these were:- 1. Formation of the rule 2. What is Medical Device Rule 3. Which devices were including? 4. Who formed the rule? The Ministryof HealthandFamily Welfare has notified Medical Devices Rules, 2017 on 31.01.2017. The new Rules have been framed in conformity with Global Harmonisation Task Force (GHTF) framework and conform to best international practices. Only 15 categories of medical devices are, at present, regulatedasdrugsand to that extent,the current regulatory practices in India were not fully geared to meet the requirements of medical devices sector in the country. The new Rules seek to remove regulatorybottleneckstomake in India, facilitate ease of doing business while ensuring availability of better medical devices for patient care and safety. Medical devices will underthe newRules,be classified as per GHTF practice, based on associated risks, intoClass A (low risk), Class B (low moderate risk), Class C (moderate high risk) and Class D (high risk). The manufacturers of medical devices will be required to meet risk proportionate regulatory requirements that have been specified in the Rules and are based on best international practices.
  • 3.
    Wednesday (21/06/2017) On thethird day of the last week my internship guide gave the work of research on the procedure of obtaining license for marketing of foreign medical devices in India:- Step 1 Determine if your product requires registration In India import and manufacturing, sale of medical devices is regulated under the Drugs and cosmetic act, 1940 and rules 1945. At present 22 notified medical devices are regulated under the said act. Medical devices which required registration in India include spinal needle, cochlear implants, annuloplastyrings,andtracheotomytubes,syringesandneedles,dental implant,surgical sealants,heart valves, cardiac stents, orthopedic implants, endotractracheal tube, and, catheters, among others. Step 2 Appoint an authorized Indian agent The regulation in India require that foreign manufactures have representative in India who will act on their behalf as the point of contact for inspection authorities, assist in device approval and registration process and vigilance/adverse event reporting. The authorized agent should have a wholesale drug license in form 20B and 21B. Step 3 Submit the regulatory dossier under form 40 A dossier has to be prepared with the required list of document to start with registration process. Below is an overview of the documents required , 1. Form 40 2. TR 6 Chalan 3. Power of Attorney 4. Schedule D(I) 5. ISO 13485 Certificate 6. Full Quality Assurance Certificate 7. CE Design Certificate 8. Declaration of conformity 9. Free sale certificate 10. Certificate of marketability from GHTF 11. Other Regulatory Approvals 12. PMS Report 13. Plant Master file 14. Device Master File The CDSCO fees for registering a single manufacturing site are Rs. 969232.50 and 64615.50 for a single device family.The time forregistrationprocesscan take anywhere between 6 to 9 months. if the productsdo not have a predicate inIndiathe processing time will increase and special committee will be appointed to determine the product safety and efficacy for the India market.
  • 4.
    Step 4 Obtaina Registration Certificate in Form 41 Afterthe documentsubmissionthe CDSCOwill getbacktothe Indianagentwiththe first query letter in about 3 months times. Upon receiving the answer for the query the CDSCO will either issue a subsequent query letter or grant license. The registration certificate is valid for 3 years. Step 5 Obtain Import license in form 10 The form 10 has to be applied at the CDSCO by distributor directly. An Application has to be made in form 8 along with form 9 which mentions the registration certification number. The process takes 4 to 12 weeks. Step 6 Marketing in India Once the registration certificate and the import license are issued the product can enter in the Indian market.The authorizedIndianagentshouldreportanychange adverse event, recalls in other countries etc to CDSCO as and when they happen. Thursday (22/06/2017) On fourthdayof the last weekmyinternshipguide gave the work of legal research on the famous case laws Security Exchange Board of India Vs Sahara India:- Facts:- In this case the two famous companies of Sahara issue optionally fully converted debentures to the public throughout the country for many months. The OFCD’s were issued after filling of RHP (Red hearing Prospectus) withthe registrarof the companies,althoughrulesrequiredpermissionSEBIforany issuance securitiesto50 or more investors.Inthiscase the numberof investorrunintocrores.SEBIhas claimedit jurisdictionandobjectedonSahara why not taken permission from it. Sahara has claimed that the said bonds are hybrid product, thus does not come under the jurisdiction of SEBI, instead is governed by Registrar of Companies (ROC) under Ministry of Corporate Affairs, from which the two companies of Sahara has alreadytakenpermissionandsubmittedthe redherringprospectuswith ROC before issuing the bonds.Eventually,Sebi passedan interim order against the two companies on November 24, 2010, askingthemto refundthe moneycollectedfrominvestors.A final orderwas passed by the regulator on June 23, 2011, while the group challenged these directions before the Securities Appellate Tribunal. However,the Tribunal upheldthe Sebi orders on October 18, 2011, and asked the companies to refund Rs 25,781 crore to over three crore investors.
  • 5.
    Judgment:- The group thenmoved the Supreme Court, which also passed a historic order on August 31, 2012, asking the two companies to deposit outstanding amount of over Rs 24,000 crores with Sebi for refund to the investors. Saharas were also asked to deposit details of all investors to Sebi, which was mandated to refund the money after verifying their genuineness. Sebi again moved the Supreme Court alleging non- compliance by the group to the earlier orders, pursuant to which the apex court passed another order on December 5, 2012, and asked the two firms to deposit the money in three installments beginning with an immediate payment of Rs 5,120 crore. While the group paid the first installment, it failed to meet the deadline for other two payments and rather claimed to have already paid more than Rs 20,000 crore directly to the investors. Unconvinced with Sahara' claims, Sebi passed orders on February 13, 2013, to attach bank accounts and other properties of the group and later issued summons for personal appearance of Subrata Roy and other three directors before it. Subrata Roy was arrested and sent to jail in 2014 along with two Sahara directors for the failure of two group companies to comply with the court's order of 2012 to return Rs. 24,000 crore to their investors. Subrata Roy was arrested and sent to jail in 2014 along with two Sahara directors for the failure of two group companies to comply with the court's order of 2012 to return Rs. 24,000 crores to their investors. Last year in May, the Supreme Court granted a four-week parole to Mr. Roy to attend the funeral of his mother. His parole has been extended by the court ever since. The regulatoralsoaskedvariousfinancial institutionsincludingbankstofreeze all accountsof the group,besideswritingtodistrictcollectorsandotherauthoritiesforattachmentof land, real estate and other properties. Similar letters were sent also to the tax department and other agencies like Enforcement Directorate too. Later, Sebi began an exercise for refund to genuine investors from Rs 5,120 crore deposited by Saharas. However, not much headway appears to have been made in the process as Sebi has detected instances of multiple accounts, on which it has sought a clarity from the Supreme Court. Friday (23/06/17) On last day of the internship my internship guide gave the work of making the details of the company according to their registration number as they apply for the trade mark. A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods. Some examples include: brand names, slogans, and logos. The term "trademark" is often used in a general sense to refer to both trademarks and service marks. Unlike patents and copyrights, trademarks do not expire after a set term of years. Trademark rights come from actual “use” (see below). Therefore, a trademark can last forever - so long as you continue to use the mark in commerce to indicate the source of goods and services. A trademark registration can also last forever - so long as you file specific documents and pay fees at regular intervals.
  • 6.
    Must all trademarksbe registered? No, registration is not mandatory. You can establish “common law” rights in a mark based solely on use of the mark in commerce, without a registration. However, federal registration of a trademark with the USPTO has several advantages, including a notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration. For more information about “common law” trademark rights and the advantages of federal registration see the Basic Facts About Trademarks brochure. Each time you use your mark, it is best to use a designation with it. If registered with the USPTO, use the ® symbol after your mark. If not yet registered, you may use TM for goods or SM for services, to indicate that you have adopted this as a “common law” trademark or service mark. NOTE: Use of a business name does not necessarily qualify as trademark use, though other use of a business name as the source of goods or services may qualify it as both a business name and a trademark. Many states and local jurisdictions register business names, either as part of obtaining a certificate to do business or as an assumed name filing. For example, in a state where you will be doing business, you might file documents (typically with a state corporation commission or state division of corporations) to form a business entity, such as a corporation or limited liability company. You would select a name for your entity, for example, XYZ, Inc. If no other company has already applied for that exact name in that state and you comply with all other requirements, the state likely would issue you a certificate and authorize you to do business under that name. However, a state’s authorization to form a business with a particular name does not also give you trademark rights and other parties could later try to prevent your use of the business name if they believe a likelihood of confusion exists with their trademarks. For more information on when a designation may function as both a business name (“trade name”) and a trademark or service mark, see TMEP §1202.01