OVERVIEW OF GENERAL AGREEMENT ON TARIFFS AND TRADE

WHAT IS GATT?[i] The General Agreement on Tariffs and Trade (GATT) is a legal agreement between many countries, whose overall purpose was to promote international trade by reducing or eliminating trade barriers such as tariffs or quotas. According to its preamble, its purpose was the "substantial reduction of tariffs and other trade barriers and the elimination of preferences, on a reciprocal and mutually advantageous basis." The... Continue Reading →

GENERAL PROVISIONS REGARDING IMPORT AND EXPORT

WHAT IS IMPORT?[i] An import is the receiving country in an export from the sending country. Importation and exportation are the defining financial transs of international trade. In international trade, the importation and exportation of goods are limited by import quotas and mandates from the customs authority. The importing and exporting jurisdictions may impose a tariff (tax) on the goods. In addition, the importation and exportation of goods... Continue Reading →

INVENTIONS UNDER PATENTS ACT

WHAT IS PATENT? According to WIPO[i], A Patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to... Continue Reading →

WHY SHOULD COPYRIGHT BE PROTECTED?

WHAT IS COPYRIGHT? Copyright refers to the legal right of the owner of intellectual property. In simpler terms, copyright is the right to copy. This means that the original creators of products and anyone they give authorization to are the only ones with the exclusive right to reproduce the work. Copyright law gives creators of original material the exclusive... Continue Reading →

INFRINGEMENT OF REGISTERED TRADEMARK

WHAT IS TRADEMARK? According to the Indian Trademarks Act, 1999,[i] a trademark is defined as a mark, which can be represented graphically and can distinguish the goods or services of one individual from those of others. It is a sign capable of distinguishing the goods or services of one enterprise from other enterprises. WHAT IS... Continue Reading →

AN OVERVIEW OF COMPETITION ACT, 2002

WHAT IS COMPETITION ACT, 2002? The Competition Act, 2002 is passed an enacted by the Parliament of India. Its purpose is to govern Indian competition law. It replaced the old The Monopolies and Restrictive Trade Practices Act, 1969. This act is applicable to the whole of India. This act was enacted to prevent activities that... Continue Reading →

AN OVERVIEW OF FEMA ACT

WHAT IS FOREIGN EXCHANGE MANAGEMENT ACT (FEMA)?[i] The Foreign Exchange Management Act is an act passed and enacted by the Parliament of India to consolidate and amend the law relating to foreign exchange with the objective of facilitating external trade and payments and for promoting the orderly development and maintenance of foreign exchange market in... Continue Reading →

PENALITES UNDER CP ACT

Chapter VII of the Consumer Protection Act, 2019 deals with the offences and penalties.[i] Section 72(1): In case of failure to comply with the order of District/State/National Commission, imprisonment for a period not less than 1-month extendable upto 3 years, OR, fine of not less than Rs. 25,000/- upto Rs.1,00,000/-, or both.Section 88: In case... Continue Reading →

GIST OF IMPORTANT CASES UNDER CP ACT

WHAT IS CONSUMER PROTECT ACT? The Consumer Protection Act, 1986 was enacted to protect the interests of consumers in India. It was made for the establishment of consumer councils and other authorities for the settlement of consumer’s grievances and matters connected with it. It gives easy and fast compensation to consumer’s grievances. It also safeguards... Continue Reading →

CONCEPT OF TRADEMARK

WHAT IS TRADEMARK? A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others. The trademark owner can be an individual, business, organization, or any legal entity. A trademark can be any word, phrase, symbol, design or... Continue Reading →

CONCEPT OF PATENT

WHAT IS PATENT? According to WIPO[i], A Patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to... Continue Reading →

WHAT IS GI

WHAT IS GEOGRAPHICAL INDICATION? According to WIPO[i], A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place. The... Continue Reading →

HOW IS GI DIFFERENT FROM TRADEMARK

WHAT IS GEOGRAPHICAL INDICATION (GI)? Section 2(1)(e) [i]of the Geographical Indications of Goods (Registration and Protection) Act, 1999, defines GI as an indication capable of identifying goods, including natural goods, agricultural goods, or manufactured goods, as manufactured or originating in a country’s territory, or a locality or region within that territory, where a specific quality,... Continue Reading →

REMEDIES AGAINST INFRINGEMENT OF COPYRIGHT

According to the Copyright Act. 1957, the Chapters XI and XII deals with the infringement of copyright and the remedies available against it. TYPES OF COPYRIGHT INFRINGEMENTS: Infringement of copyright can be divided into two categories: PRIMARY INFRINGEMENT; andSECONDARY INFRINGEMENT. Infringement of copyright usually occurs when a person intentionally or unintentionally copies the work of... Continue Reading →

TERM OF COPYRIGHT

WHAT IS TERM OF COPYRIGHT? The term of copyright is the length of term copyright subsists in a work before it passes into the public domain. The term of copyright for a particular work depends on several factors, including whether it has been published or not. Usually, copyright protection lasts for the life of the... Continue Reading →

WHAT IS WORLD INTELLECTUAL PROPERTY ORGANIZATION

WHAT IS WIPO? World Intellectual Property Organization (WIPO), is an international organization designed to promote the worldwide protection of both industrial property (inventions, trademarks, and designs) and copyrighted materials (literary, musical, photographic, and other artistic works). The organization, established by a convention signed in Stockholm in 1967, began operations in 1970 and became a specialized... Continue Reading →

WHAT IS WORLD TRADE ORGANISATION

WHAT IS WTO?[i] The World Trade Organization (WTO) is the only global international organization dealing with the rules of trade between nations. At its heart are the WTO agreements, negotiated and signed by the bulk of the world’s trading nations and ratified in their parliaments. The goal is to help producers of goods and services,... Continue Reading →

DIFFERENCE BETWEEN AN NRI AND PIO

Overseas Indians are officially known as Non-Resident Indians (NRIs), Persons of Indian Origin (PIOs) and Overseas Citizens of India (OCIs). They are people of Indian birth or ancestry who live outside the Republic of India. According to the Ministry of External Affairs, there are 32 million NRIs and PIOs residing outside India.[i] WHO IS AN... Continue Reading →

WHAT IS A STATE

WHAT IS A STATE?[i] The State is the most universal and most powerful of all the social institutions. The Sate is a natural institution. A state is an organized political community acting under a government. States may be classified as sovereign if they are not dependent on, or subject to, any other power or state.... Continue Reading →

HOW CAN A PERSON BECOME A CITIZEN OF INDIA

The Citizenship Act, 1955 deals with the governing citizenship of India. However, Article 5 to 11 of the Constitution of India only talks about the who were the citizen till 26 January, 1950. According to Article 11 of the Indian Constitution, the parliament has the power to make or amend laws relating to the Indian... Continue Reading →

Create a website or blog at WordPress.com

Up ↑

%d bloggers like this: