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Showing posts with the label Legal Matters

Check These Due Diligence Essentials Before You Apply for a Patent: (US Law)

Patenting is a very costly process, particularly in the US. And, if your invention has a lot of potential, you need to patent it all across the globe so that some other brand does not capitalize by selling a knock off version of your invention.   However patenting an invention is no longer a very lucrative procedure for small businesses. This is because, a large chunk of applications get rejected. Plus, those inventions which are granted patent protection, face a constant threat of being challenged in the courts by the competitors.   As such, businesses are trying to keep their inventions hidden as trade secrets in this day and age. However not all inventions can be kept as trade secrets. Plus trade secrets, if leaked, can result in a disaster for the business concerned.   In order to make sure that the process does not result in a humongous waste of time and money, we asked the experts – “ What are the due diligence essentials that an inventor has to do before submitting his/h

Legalities You Must Know Before Starting a Company in the US

In the US, it is the states which have power to enact corporate laws. Companies incorporated in each state has to follow its own state law relating to its incorporation and operations. However, thankfully the situation is not that chaotic as appears in first glance. The Model Business Corporation Act, 2002 is used and followed by 22 states in the US. This helps promote uniformity and provides business owners and startup enthusiasts, a sense of clarity as to the law that applies to their organisation when their business operates in more than one state. Starting a corporation in the US is a great business legal structure . However, there can be some legal compliances involved. Read on to find out!

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

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

Trade Secret Protection in USA

What is a trade secret? Well, in layman's terms, it is pretty much anything, that - is secret, the owner tries to keep it secret, and it provides the owner with economic benefit by reason of it being secret. A basic example is that of an email list. A business spends considerable marketing efforts in order to grow its email list. This is usually confidential information.   Now, if the list is stolen by a competitor, the business can sue the competitor in order to stop it from using the list or disclosing it or if it is already out in the open, then seek damages from the trade secret infringer. Related Reads: How to Grow Your Email List Fast Data Privacy Laws in India that Businesses Must Know of Impact of GDPR on Marketers in the European Union and Outside The trade secret law in USA is guided via two separate statutes – The Uniform Trade Secrets Act, 1979, as amended on 1985 and a federal statute called the Defend Trade Secrets Act, 2016.    Earlier the trade se

Business Laws Made Totally Simple - The Definitive Guide

So you've got the perfect business idea and wish to make a successful business surrounding the idea? Well, that would be great, provided you have a sound business plan , but a word of caution - you need to know the laws that govern your business domain. Now, it may seem really cut and dry, but hear me out. Suppose, you are in the manufacturing sector, you need to know laws relating to pollution if your business emits fumes or effluents. You might also need to know of the related laws in the labour sector so as to be sure you are not contravening any laws which can result in fines or even in other forms of prosecution. Even if you are in any other sector, I'd bet there are some laws that govern that niche and if you are not aware of the laws you can get prosecuted or even worse, you can get ripped off.  Keeping that in view, it isn't a surprise that 9 out of 10 startups fail . It isn't a surprise that lawyers nowadays make a killing! So, if you want to go ahead with your

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

Impact Of GDPR On Marketers in EU and Outside

Article by  Laghima Jain  and Adhip Ray, Edited by Chinmay Jain . The General Data Protection Regulation (GDPR) of the European Union (EU) is a data governance law, providing the consumer’s control over their personal data. GDPR, the core of Europe’s digital privacy laws, is designed to reflect the digital world in which we are living and helps the laws and policies revolving around the personal data, privacy, and consent across Europe keep pace with the internet-driven era. It applies to the organisation operating within the EU and the organisation outside the EU dealing with the consumers and businesses in the EU. This article will provide you a touch-up of everything you need to know relating to the impact of GDPR on marketers in European Union.

How to Effectively Protect Your Start-Up from Hackers and Other Online Adversaries

Article by Julie Hughes of TurnOnVPN . Starting your own business can be exciting, but the road to becoming an entrepreneur is thickly sown with thorns. In the age of the internet, one of the biggest challenges start-ups face is cybersecurity. And while cyberattacks targeting government agencies and big corporations garner the headlines, it’s the tech-driven start-ups and small businesses that are often far more vulnerable to digital intrusion. Recent reports show that small businesses, including start-ups, are the target of 43 percent of cyber-attacks. The excitement around young, innovative companies creates a false sense of security leading to complacency towards cybersecurity. Most start-ups don’t even start thinking about cybersecurity until they are targeted. In this article, we tell you why you should take your start-up’s cybersecurity seriously and some proactive steps you can take to mitigate the risks. The Cost of a Data Breach For a large organization, a cy