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Share Purchase Agreement - All You Need to Know

Note: This article is not specifically on US Law, but is for an internationally wide audience. For the US version relating to purely a US legal system, visit our article on stock purchase agreement . What is a Share Purchase Agreement A share purchase agreement (SPA) is a contract between the seller and buyer of shares in a company. It sets out the terms on which the seller is selling his shares and the buyer is buying the shares. This one is a pretty complicated contract, so you need to be aware of the basic elements required when drafting a contract . Getting it wrong can have some pretty negative effects for your business , so you better watch out! The share purchase agreement (SPA) will describe the shareholding in terms of percentage ownership. In other words, it will specify how many shares you are buying, at what price per share and what percentage of voting rights this gives you against all other shareholders in the company. A share purchase agreement is also used when a busine

Concept of Deceptive Similarity under Indian Trademark Law

Article by Varsha Chamakura . A Trademark is a visual symbol, a distinctive sign or indicator in the form of text or pictorial representation that sets a product apart from other products. It helps customers identify products which are manufactured or services that are provied by a certain person or business. The main function of a Trademark is to exclusively identify the source of products and services. Trademarks play an important role in building a company’s Brand name and Goodwill. It protects consumers from the aspects of confusion, deception and fraud. Trademarks also guarantee the maintenance of the quality of the product or service. They symbolize the quality of products, which gains the attention of the consumers. Hence, trademarks need to be protected to ensure that the quality of products is not hampered and also the welfare of the society is not disturbed. Though it is very essential and of great importance, it is also very vulnerable to being misused or inf

Sole Proprietorship vs One Person Company: Which Should You Go For in India?

Article by  Smrithi Shibichakravarthy. As an entrepreneur, managing your business single-handedly means that your business could be considered either as a sole proprietorship or as a one-person company (OPC).  Though both of these terms sound alike and have major similarities there are also a few very important differences which you need to be aware of in order to take your business down the path you’re looking for.  There are differences concerning entities, liabilities, taxation, and succession. Based on the type of business you’re running, and the business you one day want it to be, it’s important to understand these differences before declaring it as a sole proprietorship or OPC.  Through this article, you’ll be able to choose which one you want to go for in order to ultimately achieve your business goals.  What is a Sole  Proprietorship? To start with the basics, we need to understand the term ‘sole proprietorship’: The Government of India defines a sole proprietorship as a “on

How to Write a Patent Specification (in India): All You Need to Know

If you want to get a patent in India, the specification of the patent is arguably one of the most important things you need to keep in mind, other than the claims. Getting a patent application done right, involves ensuring that the claim that you put forward in your application is well-supported by the patent specification. Patent specification is just a section of the patent application, among other sections, such as- The Title, The Abstract, The Claims, etc. While these areas are legally different from that of the patent specification, we shall be slightly touching up on them too so as to provide you with a clearer understanding of how you can draft your patent specification in the best method possible. As always, if you are stuck and need a free consultation,  book a free consultation with us   and   let us draft your patent specification for you !

All You Need to Know about Registering Patents in India

Article by Charvi Sharma The 1970 Patent Act, which modified the current legislation pertaining to patents in India, came into force in 1972.  In addition, the Patents Act, 1970 was amended in 2005, which extended product patents to all technology fields such as food and medicines, chemical products, and microorganisms.  Related Read : Should You Copyright or Patent Your Software in India? What is a Patent? Patents are legal licenses issued by the government, giving the inventor of an invention, the right over its ownership and the exclusive right to make and sell it. The invention becomes the assets of the inventor that no one can take over or imitate unless assigned to the person or licensed to him by the inventor himself.  But, what is an invention for the purposes of Indian law, in the first place? The invention as described in Sec.2(1)(j) of the Patent Act, 2005 “Invention” means a new product or process involving an inventive step and capable of industrial application.  The ba