Trademark of a product or service distinguishes it from other similar products and services. Trademarks are used for brand building and advertisements. They play a significant role in market driven economies, which operate with world economy. It has been often observed that large shares of markets are owned by few leading brands. This results in monopoly. In countries that have weak trademark laws, the market may be flooded by foreign brands that give tough competition to domestic brands.
The copyright law in India enables the copyright owner to claim damages for the breach of copyright. The following are some of the leading copyright cases that are held as important precedents in India.
The latest cyber law book by Pavan Duggal is titled ‘Cyber Law-The Indian Perspective.’ Mr. Pavan Duggal is a highly respected, well known Supreme Court advocate, with tremendous expertise in the field of cyber law and e-commerce law. Mr. Duggal is the president of India’s first ever cyber law consultancy, Cyberlaws.net. He also heads the Cyberlaw Asia. This eminent author is also associated with the Ministry of Communication and Information Technology on legal issues pertaining to electronic governance and cyber law.
A law firm is a business entity formed by one or more legal professional to undertake the practice of law for the benefit of those who have legal issues, disputes and queries. This discussion will cover the top law firms in India that deal with corporate laws, based on the survey conducted by Asialaw in 2008.
According to India legal news reports in August 2010, the government of India is ready to make corporate donations to political parties more transparent. It is a known fact that political parties in India receive huge amounts as donations from corporate houses. However, funding political parties out of a company’s profit have been often subjected to criticism. This issue comes under greater scrutiny during the time of elections because prominent political parties in India overspend and violate the spending limits set by the Election Commission of India. Also, very little is done by these parties to improve or optimize the political funds they get from corporate houses.
Salman Khurshid, the Minister of State for Corporate Affairs, stated that the Ministry is set to recommend the addition of certain provisions pertaining to the disclosure of such details given through corporate donations through the new Companies Bill.
Public interest litigation is an integral part of Indian law and its legal system. In August 2010, the Central Government informed the Madras High Court that it has decided to introduce new rules to form a regulatory authority to streamline the operations of law firms in India.
Mr. M. Ravindran, additional solicitor-general and a senior advocate from South India, made this submission, in response to a Public Interest Litigation (PIL). The PIL demanded the restriction of foreign law firms from functioning in India. This PIL was filed by Advocate A.K Balaji.
Generally, a person who is unable to meet his debts or obligations is known as insolvent. Insolvency pertaining to a company refers to a company’s inability to pay off its debts. Further, when one of the creditors files a lawsuit in court and stops the individual actions by creditors, this is known as insolvency proceedings. In a petition involving insolvency, it is important to mention all the acts of insolvency, commissioned by the borrower. Until the act of insolvency is clearly mentioned in the petition, no order of adjudication can be passed.
The latest buzz in the Indian business scenario pertains to mergers. Some of the most talked about terms in corporate world today are takeovers, open offers and acquisitions. However, before mergers can be successfully executed, companies have to fulfill various legal and financial formalities, in consonance with Indian law.
Foreign direct investment is governed by company law in India. At a basic level, it comes into effect when a company from one country makes a physical and monetary investment into building a factory or office in another country. The investment involves many other factors as well.
Typically, a joint venture is a contractual agreement, between two or more parties, for a common commercial purpose. The concerned parties agree to share markets, profits, intellectual property, assets and knowledge for the new business venture. Further, the concerned parties own the shares of the joint venture company in prior agreed proportion. Formations of joint ventures in India are governed by company law.