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Can You Protect Your Software by Patent or Copyright in India? Find Out

Software is a product of human intellect and hard work; it would be appropriate to term it as “intellectual property”. Considering the pivotal role, it plays in world economy and its development, protection of software is crucial and it needs to be dealt with. The problems faced by the said sector mainly deals with unauthorized production or piracy. The protection has become increasingly necessary because every day the economy loses out on staggering amount of money. Piracy is increasingly becoming a global menace. For this reason, some developers go to extreme lengths to keep their software codes secret and impenetrable to reverse-engineering. Software copyright is generally used by developers to curb piracy and the unauthorized copying of their software.[1]  In simple words, a software patent or copyright is a legal way to protect your software source code, idea, or invention. Thus infringement of the said copyright can lead to legal consequences. Countries worldwide are n

Four Upcoming Labour Law Bills that Can Change India's Business Landscape

Article by Shivangi Tokas , Edited by Aditya Bhushan . India Inc. is ready once again. While it had fallen from the grace of the fastest growing country in the world due to the dual effects of demonitisation and COVID-19, the country might have just escaped its worst economic downturn and now seems to be pushing up. However while there still are problems , due to the US-China trade war, several manufacturing hubs seem to be leaving China and setting up business in India . But why did businesses leave out India and turn to China in the first place? Turns out the problem lay in the tax and labour laws of our country. And, while we made a significant improvement in the tax laws (related read: professional tax in India ), we still have a very old set of labour laws that are pushing India's manufacturing businesses in a very hard path - a path which prevents them from effectively competing with foreign businesses. But India has taken notice and has redrafted its compila

Recent Trends in Mergers and Acquisitions in India

Article by Varsha Chamakura , Edited by Adhip Ray. Subsequent Revisions made by independent authors to keep the article up-to-date. The concept of Mergers and Acquisitions (M&A) has attracted the corporate sphere all over the world. Mergers and acquisitions (M&A) activity in India is no different.  M&A culture in India increased over the years, after the removal of constrictive arrangements and liberalisation of the Indian economy. M&As are strategic tools that are used for the development of the economy.  This is done by expanding to low cost markets or emerging markets, especially those which have a high number of skilled workers or by acquiring well established corporate entities.  M&A culture in India has been prevalent since 2015, and has only become grown in popularity over the years.  M&As is most common in the sectors of Energy, Mining and Utilities, followed by Telecommunication, Consumer Durables and Pharmaceuticals. However, key point

What constitutes Trademark Infringement in India: An In-depth Analysis

Article by Janhavi Dudam . An owner of a trademark has the right either to use his trademark himself or assign it to others. If the product and services used are identical or deceptively similar to which the mark is registered then it would constitute an infringement. In the case of a registered trademark, the registered proprietor user may take action against the infringement. But if a trademark is not registered, it is likely to maintain a common law remedy for passing off action. Sec 29 of the Trademarks Act, 1999 , provides that a registered trademark is infringed by an individual who, not being a registered owner or a registered user, uses a mark that is identical or deceptively similar to that of an equivalent product or services for which the mark is registered. In this article, you will get to know when an act constitutes infringement of copyright, when it's teetering on the edge and when one's not infringing. So, let's get going!

All About Company Resolutions under Indian Law: Explained!

Article by  Vanshika Godara , Edited by  Drishti Saigal   A Brief Introduction to Company Resolutions as per the Companies Act, 2013 Since a company is an artificial person and given a legal persona, any decision which is to be taken by a company is via, what is known as a ‘Resolution’. During the lifetime of your company, you need to hold some general meetings or board meetings, whenever an important decision is to be made by the members and directors respectively. In these instances, some procedures and rules are required to be followed by the company to ensure that meetings and the decisions taken therein comply with the Companies Act, 2013, which is the Indian Company Law.   An Example of a Company Resolution  This could be a company’s board decision of reducing the wages for its executives or key managerial personnel as a result of an extended period of decreased profits, with the aim of minimizing the company's overall expenses and thereby having a better financial