This document discusses Indian laws regarding the registration and protection of semiconductor integrated circuit layout designs. It outlines the key provisions of the Semiconductor Integrated Circuits Layout-Design Act, 2000, including definitions, registration procedures, opposition processes, rights conferred, infringement exceptions, penalties for infringement, and jurisdictional filing requirements. The layout-design is registered for 10 years and confers exclusive rights and remedies against unauthorized reproduction and distribution.
This presentation provides information on intellectual property rights (IPR) and its other constituents such as copy rights, patents, trade marks, geographical indicators etc.
This presentation provides information on intellectual property rights (IPR) and its other constituents such as copy rights, patents, trade marks, geographical indicators etc.
The above presentation is a step to simplify the concept of Trademark in India.It also focuses on the process of registration under the Trademarks Act 1999.
The presentation simplifies the steps involved and makes it easier to understand the same.
Note:-The following presentation is a general writing containing contents derived from basic knowledge and relevant books and articles.Also it is the original work of the writer.
Trademark infringement and passing off remediesSolubilis
Trademark Infringement and Passing off remedies is all we are going to see here. Keep your eye on this article to know the remedies for infringement and passing off.
compulsory licensing of patents in India how to get compulsory licensing in India, procedure, rights involved, act and sections,limitation of compulsory licensing, government rights for compulsory licensing,well good for law students
The registration and protection of industrial designs in India is administered by the Designs Act , 2000 and corresponding Designs Rules , 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911. The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The last amendment in Designs Rules came in to force from 30th December, 2014, which incorporates a new category of applicant as small entity in addition to natural person and other than small entity.
The industrial design recognizes the creation new and original features of new shape, configuration, surface pattern, ornamentations and composition of lines or colours applied to articles which in the finished state appeal to and are judged solely by the eye.
The above presentation is a step to simplify the concept of Trademark in India.It also focuses on the process of registration under the Trademarks Act 1999.
The presentation simplifies the steps involved and makes it easier to understand the same.
Note:-The following presentation is a general writing containing contents derived from basic knowledge and relevant books and articles.Also it is the original work of the writer.
Trademark infringement and passing off remediesSolubilis
Trademark Infringement and Passing off remedies is all we are going to see here. Keep your eye on this article to know the remedies for infringement and passing off.
compulsory licensing of patents in India how to get compulsory licensing in India, procedure, rights involved, act and sections,limitation of compulsory licensing, government rights for compulsory licensing,well good for law students
The registration and protection of industrial designs in India is administered by the Designs Act , 2000 and corresponding Designs Rules , 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911. The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The last amendment in Designs Rules came in to force from 30th December, 2014, which incorporates a new category of applicant as small entity in addition to natural person and other than small entity.
The industrial design recognizes the creation new and original features of new shape, configuration, surface pattern, ornamentations and composition of lines or colours applied to articles which in the finished state appeal to and are judged solely by the eye.
An Introduction to Cyber Law - I.T. Act 2000 (India)Chetan Bharadwaj
An Introduction to Cyber Law - Chetan Bharadwaj
The modern thief can steal more with a computer than with a gun. Tomorrow's terrorist may be able to do more damage with a keyboard than with a bomb.
Presentation on the Patent Process in US
Contact Us for Intellectual Property Services
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
Maharashtra Real Estate and Regulatory Act 2016sameer313
This act is useful to consumer as well as builder or developer for purchasing as well as selling of flats.
also this act shows the penalties to developers under breaking the rules prescribed in act, also gives rights to consumer for their justice against builder.
This Presentation shows the places of appeal as a appellate tribunal and finally at high court.
Discover new creativity and new design make sure to reserve it for yourself only, a trademark is one kind of mark or sign that is utilized to represent a business products or services. Here is the complete information about Intellectual Property Rights (IPR) such as Trademark Registration Rectification, Opposition, Objection, Renewal, Copy Right Registration, Design Registration, Patent Registration, and Provisional Patent Registration.
Intellectual Property Rights is an important part of protecting the rights of a creator or inventor. One of the ways to do so is through patents. Here is a brief explanation on how can apply for a patent.
Industrial design is the outward appearance of a product embodied in three-dimensional configuration, lines, colors or a combination of such elements. An impressed appearance shall increase the value of products, the attraction to customers and the distinction from other same products. In fact, however, appearances of products can be copied easily if there no legal protection and prior prevention. Filling industrial design in National Office of Intellectual Property shall guarantee that your product appearance is protected from violation of others.
Register industrial design in Vietnam is necessary for individual and organization.
Industrial design is the outward appearance of a product embodied in three-dimensional configuration, lines, colors or a combination of such elements. An impressed appearance shall increase the value of products, the attraction to customers and the distinction from other same products. In fact, however, appearances of products can be copied easily if there no legal protection and prior prevention. Filling industrial design in National Office of Intellectual Property shall guarantee that your product appearance is protected from violation of others.
DIGITAL PERSONAL DATA PROTECTION ACT 2023-PPT-VPD.pptxVijay Dalmia
The Digital Personal Data Protection Act, 2023 (DPDP Act) is a significant development in Indian data protection. Here's a concise overview:
**Personal Data and Processing:**
- "Personal data" under DPDP Act refers to any data identifying an individual.
- "Processing" includes various operations, like collection and storage.
**Data Fiduciary and Data Processor:**
- "Data Fiduciary" determines data processing purposes.
- "Data Processor" processes data on behalf of a Data Fiduciary.
**Coverage:**
- DPDP Act covers those processing personal data, excluding personal or domestic purposes.
**Applicability:**
- Applies when processing occurs within or outside India related to offering goods/services within India.
**Permitted Processing:**
- Personal data can be processed with consent or under legitimate uses outlined in DPDP Act.
**Consent:**
- Consent should be clear, informed, and obtained through affirmative action.
**Notice:**
- A notice is mandatory before collecting personal data.
- Fresh notice required if processing begins before DPDP Act commencement.
**Data Fiduciary Obligations:**
- Appoint Data Processor via valid contract.
- Ensure data completeness, accuracy, and security.
- Erase data when purpose is fulfilled.
- Implement technical and security measures.
- Report breaches to Data Protection Board.
- Establish grievance redressal mechanism.
- Publish contact information of Data Protection Officer.
**Significant Data Fiduciary:**
- Conduct periodic data protection impact assessments.
- Appoint Data Protection Officer and independent data auditor.
**Data Protection Board:**
- An enforcement body established by the Central Government.
- Appeals go to Telecom Disputes Settlement and Appellate Tribunal.
**Consent Manager:**
- Facilitates consent management through an accessible platform.
- Registered with Data Protection Board.
**Data Principal Rights:**
- Right to access personal data.
- Right to correction, erasure, and grievance redressal.
- Right to nominate and withdraw consent.
**Cross-Border Data Transfers:**
- Generally allowed, but Central Government can restrict specific countries/territories.
**Penalties:**
- Non-compliance may result in penalties up to INR 250 Crores (approx. US$ 3,01,00,000).
**Compliance Timeframe:**
- No specific timeframe provided; companies should proactively prepare for DPDP Act compliance.
This summary provides a concise overview of the DPDP Act's key provisions and obligations.
Enforcement Of Intellectual Property Rights Through CustomsVijay Dalmia
Custom Act, 1962 & Intellectual Property Rights Enforcement Rules, 2007
Apart from the various remedies provided under the IP Laws in India, one of the most efficient ways to protect and enforce intellectual property rights is through Custom Act, 1962
It prohibits import of goods that infringe Intellectual Property at the Custom Borders thereby restricting the entry of the goods infringing Intellectual Property Rights
Under Section 156 (1) read with Section 11 (2) (n) and (u) of the Customs Act, 1962, the Central Government has made the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 applicable to imported goods.
The Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 has been amended vide notification no. 56/2018. - Customs (N.T.) dated 22nd June 2018 and the said rules have been called the Intellectual Property Rights (Imported Goods) Enforcement Amendment Rules, 2018.
Intellectual Property Rights (Imported Goods) Enforcement Amendment Rules, 2018
Vide the said Amendment Rules, the Central Government has amended Rule 2 and Rule 5 of the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007.
As per the Amendment, in Rule 2 in clause (b), the words and figures “patent as defined in the Patents Act, 1970” has been omitted and in clause (c), the words and figures “the Patents Act, 1970” shall be omitted.
In Rule 5, after condition (b), two more conditions have been inserted.
The Intellectual Property Rights (Imported Goods) Enforcement Amendment Rules, 2018 can be accessed from the following link: https://patentsrewind.files.wordpress.com/2018/07/custom-notification.pdf
After the amendment of 2018, the IPR Enforcement Rules 2007 permits a Right Holder to protect the following different types of Intellectual property-
Under the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007, goods infringing intellectual property rights 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.
Notice to be Registered by the Custom Authorities on satisfaction
Within 30 working days from the date of receipt of the notice under Rule 3 (1) or from the extended period as per Rule 3 (4), the Commissioner shall notify the applicant whether notice is registered or rejected.
Minimum validity of registration of notice for a period of 1 year
Prohibition and suspension of import of infringing goods under Section 11 of the Customs Act, 1962.
At all the Ports (Custom Borders) in India
Notice can be given by the Right Holder of the suspected infringing goods
Commissioner of Customs can suo moto suspend the clearance of such infringing goods
Rule 7(4): Where the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, has suspended clearance of goods on his own initiative and right holder
White Collar Crime by Vijay Pal Dalmia.pptxVijay Dalmia
A Crime is a Crime.
Colour does not change the crime.
Blue Collar crime is motivated by
fury,
vengeance,
Emotions.
White collar crime is a crime
motivated by greed
meticulously organized & accomplished
committed by the people who belongs to the higher class of society and
These people :
Are from reputable group of society.
Commit these crimes during the course of their occupation.
Usually have a better understanding of
technology,
their respective field,
disciplines etc.
are people of high stature and
There is generally an element of breach of trust by carrying out unethical business practices because of motivation to gain financially.
It is the offenders’ position that accords upon them the opportunity to perpetrate such crimes.
Essential elements of White Collar crime:
Fraud
Deceit
Cheating
Breach of Trust
Intent
Disguise
Knowledge
Concealment
Conspiracy
Organized
Planning
Legislations against White Collar Crimes in India
# Companies Act, 1960.
# Income Tax Act, 1961.
# Indian Penal Code, 1860.
# Commodities Act, 1955.
# Prevention of corruption Act, 1988.
# Negotiable Instrument Act,
# Prevention of Money Laundering Act, 2002.
# IT Act, 2005.
# Imports and Exports (Control) Act, 1950
#Fugitive Economic Offenders Act, 2018
#Foreign Exchange Management Act
# Special Court (Trial of offences relation to Transactions in Securities) Act, 1992
#Central Vigilance Commission Act, 2003
Vijay Pal Dalmia, AdvocateSupreme Court of India & Delhi High CourtEmail id: vpdalmia@gmail.com Mobile No.: +91 9810081079Linkedin: https://www.linkedin.com/in/vpdalmia/ Facebook: https://www.facebook.com/vpdalmia Twitter: @vpdalmia
Taxation of Cryptocurrencies – Virtual Digital Assets in India-VPDalmia.pptxVijay Dalmia
“Everything which is not forbidden is allowed" is a legal maxim. https://en.wikipedia.org/wiki/Everything_which_is_not_forbidden_is_allowed
A senior English judge, Sir John Laws, stated the principles as: “
For the individual citizen, everything which is not forbidden is allowed;
but
For public bodies, and notably the government, everything which is not allowed is forbidden.
There is no law in India that deals with the legitimacy and legality of cryptocurrencies/NFTs in India.
Mere inclusion or bringing cryptocurrencies/NFTs within the tax net by amending the Indian Income Tax Act does not provide or deal with the legitimacy and legality of cryptocurrencies/NFTs in India.
Taxability of illegal money earned has nothing to do with the legitimacy of the means of earning.
Since cryptocurrencies/NFTs have not been declared illegal, the same will fall into the category of legal.
Virtual Digital Assets have been defined for the first time in the year 2022 in India under Section 2(47A) of the Income Tax Act, 1961
“Virtual Digital Asset” means—
Any
information or
code or
number or
token
(not being Indian currency or foreign currency),
the expressions “currency”, “foreign currency” and “Indian currency” shall have the same meanings as respectively assigned to them in clauses (h), (m) and (q) of section 2 of the Foreign Exchange Management Act, 1999 (42 of 1999).]
generated through
cryptographic means or
otherwise,
by whatever name called,
providing
a digital representation of value exchanged
with or
without consideration,
with the
promise or
representation of
having inherent value, or
functions
as a store of value or
a unit of account
including its use in any financial transaction or investment, but not limited to investment scheme; and
can be
transferred,
stored or
traded
Electronically.
“Virtual Digital Assets” include
a non-fungible token (NFT) or
any other token of similar nature,
by whatever name called;
“non-fungible token” means such digital asset as the Central Government may, by notification in the Official Gazette, specify.
any other digital asset,
as the Central Government may, by notification in the Official Gazette specify.
Provided that the Central Government may, by notification in the Official Gazette, exclude any digital asset from the definition of the virtual digital asset subject to such conditions as may be specified therein.
Virtual Digital Assets & Cryptocurrencies as Property
Section 56(2)(X) includes ‘Virtual Digital Asset’ within the definition of ‘Property’.
Where the total income of an assessee
includes any income from the transfer of any virtual digital asset,
the income-tax* payable shall be the aggregate of-
the amount of income-tax calculated on the income from transfer of such virtual digital asset at the rate of Thirty per cent (30%);
AND
the amount of income tax with which the assessee would have been chargeable, had the total income of the assessee been reduced by the
Indian Approach On Bitcoins-cryptocurrencies- Blockchain Legal Practical Pe...Vijay Dalmia
There are no specific laws relating to Blockchain in India.
Under the Indian laws Blockchain is governed by the general laws of India including laws relating to contracts.
Blockchain Technology is being adopted practically by all, i.e. Government and Private Parties including Banks.
Cryptocurrencies/Crypto Assets/ Cryptos are not FIAT currencies.
Fiat Currency is different from Cryptocurrencies.
Virtual Currencies like Bitcoins are not legal currencies or fiat currency, issued by any Government, and in fact, these are not a currency at all.
Virtual Currencies like Bitcoins are nomenclature for various “computer algorithms”, which are being used to generate codes by private parties and traded over the internet.
Most of the currencies in the world including the currency of India i.e. rupee, are Fiat currencies. Fiat money is the currency that a government has declared to be legal tender, but which may not be backed by any physical commodity like Gold.
The prices of such currencies are
arbitrary
without any backing of any government and geographical restrictions.
Virtual Currencies like Bitcoins are
State Free,
Border Free and
Control Free.
removes the need of a trusted third party such as a governmental agency, bank, etc.
A Virtual Currency like Bitcoin, is a stateless digital currency in which encryption techniques are used to regulate the generation of units of currency and verify the transfer of funds, operating independently of a central bank like the Reserve Bank of India, rendering it immune from government interference.
At the moment, there is no express law that classifies virtual currencies as a good, service, security, commodity, derivative or currency
Some of the laws which have a direct bearing on the legal aspects relating to illegal Virtual Currencies like Bitcoins, are as under:
The Constitution of India, 1950;
Reserve Bank of India Act, 1934,
The Foreign Exchange Management Act, 1999 (“FEMA”);
The Reserve Bank of India Act, 1934 (“RBI Act”);
The Coinage Act, 1906 (“Coinage Act”);
The Securities Contracts (Regulation) Act, 1956 (“SCRA”);
The Sale of Goods Act, 1930 (“Sale of Goods Act”);
The Payment and Settlement Systems Act, 2007 (“Payment Act”).
Indian Contract Act, 1872 (“Contract Act”).
The term ‘Currency’ has been defined under Section 2(h) of the Foreign Exchange Management Act, 1999 to include all currency notes, postal notes, postal orders, money orders, cheques, drafts, travelers cheques, letters of credit, bills of exchange and promissory notes, credit cards or such other similar instruments, as may be notified by the Reserve Bank.
It is clear that Bitcoin is not similar to any of the instruments mentioned in the definition, especially digital or virtual currencies. Section 2(m) of The Foreign Exchange Management Act, 1999, ‘foreign currency’ has been defined as any currency other than Indian currency.
Under Section 2 (q) of FEMA, “Indian currency” means currency which is expressed or drawn in Indian
Need for having Security, Email & Internet Usage Policy in Companies - Legal ...Vijay Dalmia
All organizations must have a robust IT Security, Email & Internet Usage Policy, which should be strictly implemented to establish standard practices and rules for responsible, safe and productive use of the Electronic mail (e-mail) and the internet; and to ensure the protection of information/data of the Organisation and prevention of any misuse thereof.
It is a fact of life that most of the Organisations do not have any Data, IT Security, Email & Internet Usage Policy, or may be having inadequate policies, which fail to protect and safeguard the interest of the organizations and their management, leading to the risk of unwarranted criminal and civil consequences.
The effective implementation of policies for the protection of data, misuse of internet and emails, becomes difficult in the court of law in the absence of a well-defined policy, which is duly acknowledged by the employees of the organizations. The safeguard of data, e-mail system and network of an Organisation has come to play an extremely vital role in today's fast moving, but invariably technically fragile, business environment. The first step towards enhancing a company's security is the introduction of a precise yet legally enforceable security policy, informing employees/staff on the various aspects of their responsibilities, general use of company resources and explaining how sensitive information must be handled. The policy should also describe in detail the meaning of acceptable use, as well as clearly list the prohibited activities.
WHY SHOULD AN ORGANIZATION HAVE AN IT POLICY?
Because all organizations need to secure
Computer Network; and
Against Unauthorized System Access to prevent data theft, virus, and malware attacks.
Because every organization needs to prevent its employees from installing illegal software, directly through internet or CD’s, etc., which exposes an organization to copyright violations. This can be effected by controlling software Installation Rights.
Because every organization has to create system back up and maintain its IT infrastructure.
Because every organization must control unauthorized Third Party and Remote Access to its computers and IT network.
Because an organization may be under a LEGAL & CONTRACTUAL OBLIGATION:
to protect the Sensitive Personal Data of its customers and employees, under the Information Technology Act, 2000; and
in case of violation of your organization’s legal obligation,
All persons who are directly responsible for the day to management of your organization including its directors and principal officers may be held legally liable for
Civil action, i.e., compensation under Section 43A, and
Criminal action, i.e., Punishment under Section 72A,
For failure to protect any sensitive personal data which its owns, controls or operates.
As Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011
provide for having Mandatory Privacy Policy for protection
The right to be taken out of Police custody by being brought before a Magistrate is a right given in the interest of, the accused.
Arrest and detention can not be used to extract confession or as a means of compelling people to give information.
It prevents Police Stations being used as though they were prisons - a purpose for which they are unsuitable.
It affords an early recourse to a judicial officer independent of the Police on all questions of bail or discharge.
When the petitioner was arrested the Police Officer knew that he cannot complete his investigation within 24 hours, in such a case, Section 167(1), Cr.P.C. provides for the transmission forthwith of a copy of the entries in the Police Diary relating to the case and for the production of the accused before such Magistrate.
Special emphasis has to be laid on the words "forthwith" in Section 167(1).
The Criminal Procedure Code does not authorise detention by the police for 24 hours after the arrest.
A Police Officer making an arrest without warrant shall, without unnecessary delay take or send the person arrested before a Magistrate.
No Police Officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under Section 167, exceed twenty four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court.
Thus, the twenty-four hours prescribed is the outermost limit beyond which a person cannot be detained in Police custody.
It is certainly not an authorization for the Police to detain him for twenty-four hours in their custody.
It is only in a case where a Police Officer considers that the investigation can be completed within the period of twenty-four hours that such detention for twenty-four hours is permitted. This is clear from Section 167(1), Cr.P.C.
When an arrested person is brought before a Magistrate, he has to decide whether
he should remand the person to Jail custody under Section 167(2) Cr.P.C. as requested by the Police and at the same time he has to decide whether the request of the person for bail should be granted.
In order to decide the question of remand, he must be satisfied on a perusal of the entries in the Police Diary that there were grounds for believing that the accusation or information against the accused was well founded and that the Police have exercised their right of arresting without warrant legally and further that it was necessary for the purpose of investigation that the accused should be remanded to custody.
Unless, the Magistrate is satisfied on all these points, he can- not remand the accused to Jail custody.
It. is for this purpose that Section 167(1) enjoins that a copy of the entries in the Police Diary should be transmitted to Court.
Police Remand Judicial Remand & Default bail by Vijay Pal Dalmia AdvocateVijay Dalmia
Police Remand Judicial Remand & Default bail by Vijay Pal Dalmia Advocate
Police Remand Judicial Remand & Default bail by Vijay Pal Dalmia Advocate - Terms, Conditions, Rights of Accused. Duty of Police and Courts
Indian approach on bitcoins, cryptocurrencies and blockchain – legal practica...Vijay Dalmia
India does not have any specific laws relating to cryptocurrencies and blockchain, as of now. Indian legal scenario and impact of Indian laws have to be assessed from various statutes which may have applicability on cryptocurrencies like Bitcoin and Blockchain. The presentation deals with these aspects of Indian laws.
Sanction for prosecution of offences under chapter xii of the income tax actVijay Dalmia
Under Chapter XII of the (Indian) Income Tax Act-1961, a person cannot be prosecuted for an offence Under Sections 275A, 275B, 276, 276A, 276B, 276BB, 276C, 276CC, 276D, 277, 277A or 278, except with the previous sanction of the Principal Commissioner or Commissioner or Commissioner(Appeals) or the appropriate Authority. Accordingly, in all cases of prosecution the fact of proper sanction by a competent authority is sine qua non, for initiating prosecution against an offender by the Income Tax Authorities. The issue of valid previous sanction becomes important, and may be taken as a defense by the accused during the course of trial. Following are the important points, which are to be considered, while granting sanction in any matter:
Information Technology Policy for Corporates - Need of the Hour Vijay Dalmia
Information Technology Policy for Corporates is the need of the hour as organisations, are continuously at a stake for violation of information technology laws, commission of cyber crimes, sexual harassment, e-mail violations, and misuse of internet and intranet.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptx
LAW OF THE SEMICONDUCTOR INTEGRATED CIRCUITS IN INDIA By Vijay Pal Dalmia
1.
2. Intellectual Property & Information Technology Laws Division
By Vijay Pal Dalmia, Advocate
Partner
3. The Semiconductor Integrated Circuits Layout-design
Act, 2000
The Semiconductor Integrated Circuits Layout-design
rules,2001
4. A product having transistors
Circuitry elements inseparably formed on a
semiconductor material
Insulating material inside the semiconductor material
Designed to perform an electronic circuitry function.
5. Agreement on Trade-related Aspects of Intellectual
Property rights (TRIPS)
Treaty on Intellectual Property in Respect of
Integrated Circuits
7. Any person claiming to be the creator of a layout-design
who is desirous of registering it
shall apply in writing to the Registrar
In the prescribed manner for the registration of the layout-
design
8. Application to be filed
If Not opposed
And time for notice of opposition expired
If opposed and decided in favour of the applicant
The Registrar shall register the said layout-design
9. The date of making the application be deemed to be
the date of registration
On the registration of a layout-design, Certificate
issued by the registrar
If registration of a layout-design is not completed
within twelve months, application considered as
abandoned
Unless it is completed within the time specified, in the
notice issued by the registrar
10. Should be original
Creator's own intellectual efforts
Not commonly known
combination of elements and interconnections
provided such combination taken as a whole is the
result of its creator's own intellectual efforts
11. Registration of two or more persons as creator not
authorised until and unless the relation are such
that:
They have put the combined intellectual effort in
creating such a design
That intellectual effort of each, not distinguishable in
creation of such layout-design
12. Not original
Commercially exploited anywhere in India or
in a convention country
Not inherently capable of being distinguishable
from any other registered layout-design
13. When application accepted
To be advertised within 14 days
RE ADVERTISEMENT
( At the discretion of the Registrar)
• Where after advertisement an error has been corrected
• or the application has been amended
Or
notify the correction or amendment made in the application
14. Opposition to be made within 3 months from the date of
the advertisement
Further grace period of one month is given
Prescribed fee to be paid for such opposition.
Registrar to serve a copy of such opposition on the
applicant
Counter statement to be filed by the applicant, if not,
application deemed to be abandoned
15. If the applicant files counter-statement-->
◦ the Registrar shall serve a copy thereof on the person giving
notice of opposition
Evidence to be submitted within prescribed time to the
Registrar
The Registrar shall give an opportunity to them to be
heard, if they so desire
16. If person giving notice of opposition or an applicant
sending a counter-statement neither resides nor
carries on business in India
the Registrar may require him to give security for
the costs of proceedings
in default of such security being duly given, may
treat the opposition or application, as the case may
be, as abandoned
17. The Registrar may:
Permit the correction of any error
Permit an amendment of the application before or
after acceptance
Permit correction or amendment of notice of
opposition or a counter-statement
18. 10 years, counted from the date of filing
Or from the date of first commercial exploitation
anywhere in India or in any country whichever is
earlier
19. Person not entitled to institute proceedings to prevent
the layout-design
Or to recover damages for, the infringement of an
unregistered layout-design
20. Exclusive rights to use the layout-design
To obtain relief
The rights conferred by the registration, irrespective of
the fact as to whether the layout-design is
incorporated in an article or not
21. Any act of
Reproducing
Importing
Selling
Or distributing for commercial purposes amounts to
Infringement
22. Where such act is performed for:
limited purposes of scientific evaluation
Analysis
Research
Teaching
or where a person, on the basis of scientific evaluation
or analysis of a registered layout-design, creates
another layout-design which is original, same does not
amount to infringement
23. Applicant has power to assign the layout-design
To give effectual receipts for any consideration for
such assignment
24. Imprisonment for a term which may extend to 3 years
Fine not less then fifty-thousand and may extend to
ten lakh rupees
Or with both
The court may also direct the forfeiture of all goods
and things by means of, or in relation to, which the
infringement has been committed
25. The registrar if satisfied that the layout-design is
prohibited
May, after hearing the applicant if he so desires,
withdraw the acceptance
26. Application to be filed in the office of the
Semiconductor Integrated Circuits Layout-Design
Registry
Within whose territorial limits the principal place of
business of the applicant is situated
In case of joint application the principal place of
business of the applicant whose name is first
mentioned in the application
27. Where the applicant or any of the joint applicant does
not carry on business in India
then to be filed within territorial limits of the address for
service in India
28. Vaish Associates Advocates
New Delhi Mumbai Gurgaon Bengaluruǀ ǀ ǀ
Celebrating 40 years of professional excellence
IPR & IT Laws Practice Division
Ist Floor Mohan Dev Building 13, Tolstoy Marg New Delhi 110001 (India)ǀ ǀ ǀ
Phone: +91 11 42492532 (Direct)
Mobile: +91 9810081079
www.vaishlaw.com
email:- vpdalmia@vaishlaw.com
Intellectual Property & Information Technology Laws Division