The trademark rules coined in the year 2002 were refined this year after inviting objections and suggestions surrounding them through a notification by the Government of India. Finally, the new set of trademark rules that are devised with an objective of expediting the whole trademark procedure are implemented and out. Here is run down the major updates in the rules and regulations relevant to trademarks.
DECREASE IN APPLICATION FORM TYPES
Earlier there used to be umpteen categories with around 74 forms. But, this year the number of forms are significantly reduced and now the available types include on 8 numbers. This is apparently, the highlight of the update. Less confusion, less fuss, more speed.
NEW APPLICATION CATEGORIES
This is one of the most significant modifications in the trademark rules since 2002. Now, there are only two categories for applications –
1. Start up / Small Enterprise / Individual
Startup is an enterprise where in Investment in plant and machinery does not exceed 10 crores in a manufacturing company and investment equipment does not exceed 5 crores in a service based company or a small enterprise registered 5 years before with a turnover not exceeding 25 crores. A Startup must get certified by the Inter-Ministerial Board as well.
INCREASE IN APPLICATION FEES
The application or processing fees for trademark application have been doubled as on 2017. Though, a 10% discount is applicable for online applications.
The Government has made new provisions for expediting the process of trademark registration. This includes fast tracking all the steps from examination to review, hearing appointments, and more until the final registration.
HEARING VIA VIDEO CONFERENCING
Going digital, the government will now be hearing all the trademark applications via video conferencing or any other type of audio-visual communication at the respective offices.
RENEWAL TIME EXTENSION
The renewal period which was earlier 6 months has been extended to 1 year. Thus, renewal can be done within 1 year of expiry of the registration.
ZERO EXTENSION FOR EVIDENCE FILING
The time for filing evidence with respect to a trademark cannot be extended any further from now onwards. Earlier, one could extend the filing period by one month on paying a pre-decided amount for the same.
ADJOURNMENT LIMIT SET
The adjournment limit is now set by the government to only 30 days max and cannot be exceeded.
ASSIGNMENT FEES FIXED
As per the new regulations an assignment fee of 9000 INR is payable irrespective of the date of the assignment. So same fee is applicable for assignment requests made within 6 months or 12 months.
Well, all the said changes and more have been devised with an objective of speeding up the entire procedure of trademark registration without much of a hiccups for the applicants as of now
The liberalization policy has worked really well as far as employment opportunities in India are concerned. Umpteen multinationals and corporate giants have made India their work centre, as employment here is cheap, comparatively. Employment bonds are therefore a common term used these days. Companies spend a fortune on training their employees in terms of money and time. Therefore, Employment bonds is an obvious choice because an early exit by an employee leads to financial losses of the employer and gain of another/ competitor firm as well.
Employment Bond – Definition
Employment bond is nothing but an employment contract between an employer and an employee. It is apparently a list down of particular terms and conditions that are applicable to employee and he/she abides by it.
The bond includes a minimum time period the employee needs to work with the firm, violation of which may result in compensation amount to be paid by the employee. Additionally the clause may also restrict the employee from indulging into any other business/part time job while working with that organization.
As per section 27 of Employment Act in India, an employer is not permitted to put any direct or indirect restrictions on the employee to work with the them for a fixed period or to restrict him/her from working with their competitors.
Some of the restrictions that are considered void under the Indian law even if they’re applicable to an employee include joining another company or competitors or forcing the employee to serve a pre-determined period of time.
Employment Bond Requisites
An employment bond is considered to be valid if it has the following –
1. Duly signed by both the parties without any pressure, with or without witness.
2. It needs to be printed on a stamp paper of particular value
3. Confidentially clause is optional
4. The time period and compensation included need to be acceptable.
The reason why companies, organizations and businesses harp upon employment bonds is the benefits and security it brings in to the employers. In case, an employee breaches a contract, the employer can drag him/ her to the court for compensation against time and resources spent on training of that employee.
Having said that, an employment bond, hasn’t been an effective way to retain employees, rather it has shown a negative impact over the years. Hence, positive polices like a mutually beneficial employment contract, reasonable compensation, structured salary package and genuine increment standards for encouraging retention, sounds like a far better idea.
For a brand, company, organization or service provider trademark bears high significance as it about the protection of the representations, expressions, symbols and designs of its products or services from copying or stealing. Even though is it a tedious and time consuming process, brands definitely opt to apply for trademark registrations and secure their official expressions. Companies apply for the trademark at the time of their inception usually and wait until the approval is received. Meanwhile, many of them start their identity and branding. On one hand, this helps avoid time wastage, but on the other hand is risky as well. Reason being the rejection of their trademark application. This would not only result in loss of time but financial losses in terms of the bucks spent on launch, identity and branding as well.
AVOID TRADEMARKS ALREADY IN USE
If an expression, name, sign, symbol is similar to an already existing trademarked one, your application has a definite chance of rejection. Hence, it is advisable to avoid the use of conflicting names, signs and symbols as much as possible by doing a doing a check about the same.
AVOID USE OF COMMON WORDS
Words used commonly on a routine basis by people cannot be trademarked. For example you cannot get the word ‘Car’ trademarked because it is a common term used by people and it cannot be exclusively owned by a company or brand. Inventive words are a trend these days and are created by a combination of two or more words, these types are generally acceptable as they dont have any meaning at all, so trademark issues are resolved easily.
AVOID USE PROHIBITED EXPRESSIONS
Nationally regulated elements, expressions or symbols, like flags, geographical locations, symbols, emblems, hallmarks and more national as well as international are not applicable. For example the word ‘India’ or the flag of India is not applicable for a trademark.
AVOID EXPLANATORY EXPRESSIONS
Words that are used in general for describing things are not applicable for registration. It is therefore advisable not to use words like example ‘Fat’ for trademark registration.
AVOID OFFENSIVE EXPRESSIONS
Trademark applications are generally rejected if words, signs, symbols or designs are offensive in a way or other to a religion or community. So it is always a good idea to avoid the use of such expressions.
AVOID INDECENT EXPRESSIONS
You may not consider using expressions that are disgraceful as they are generally not acceptable for trademark registration. One such example is pornography.
In today’s times the expression protection issues are on the rise, all thanks to Internet that has brought us the privilege of accessing information anywhere anytime. Besides, Creating an identity amid the clutter of similar competitors or rising above the noise of umpteen similar products, services, brands etc, trademark protection or intellectual rights protection looks like the best possible solution. It not only protects your intellectual rights against duplication and misuse but is a recognition of uniqueness as well.
Here you Know why KLE Law College is best law school in India
Women have known to be soft targets for centuries now. Being the weaker section of the society, they have borne the brunt of inequality, domestic violence, sexual harassment, exploitation, slavery, but to name a few. Well, efforts to work towards the upliftment of women have also been at the forefront of some of the able minded people of the society, since long. Known social reformers like Raja Ram Mohan Roy and some unsung ones like Ishwar Chandra Vidhyasagar, Virchand Gandhi dedicated their lives for the upliftment of women in Indian Society.
Well, in the recent years, India has been witnessing the waves of change. The taboos, beliefs and systems created by our ancestors, men and women both, are now slowly getting erased from the minds of people. Now that education and exposure to information and knowledge has empowered people to think with an open minds, undoubtedly times are changing and for good.
But, in a country like India with a billion people and majority of them living below the poverty line, the picture in rural areas hasn’t changed as compared to the urban side. Women today have access to many legal privileges that empower them to fight for their rights with a certain amount of ease. You need to remember that as a women, you are born an equal to man and no one can come and just deprive you of that freedom, for any reason whatsoever. Let us run through some of the legal privileges every woman needs to be aware of because many of us are ignorant on the same.
Zero FIR Shield
Under the Zero FIR provision, a female victim has the privilege of filing her compliant at any of the police stations across India, irrespective of the jurisdiction in which the incident has occurred. Post Fir lodging with the magistrate, it is transferred to the respective police stations.
Relief – Timely action against crime.
Identity Anonymity Shield
Under the section 228A, the anonymity of the victims identity such as name or related information cannot be disclosed by anyone and is a punishable act. This is applicable for female victims offended under section 376.
Relief – Protection against Social Victimization.
Domestic Violence & Cruelty Shield
Domestic Violence and cruelty is a common practice in India and in-order to protect women against the same, there is section 498 of IPC. Under it a female victim can register a non bailable compliant against the husband live in partner or relative. Further, under the Section 18 of our constitution, a perpetrator or accused is barred from entering her area or work, meeting her or communicating with her in any way. The forms of violence under this section include physical, verbal, emotional, economic and sexual.
Relief – Protection from abuse of every kind.
Sexual Harassment Shield
Sexual Harassment at workplace is highly prevalent with the urban section of the society as well as the rural or labor class. To enure the safety, dignity and respect of women at workplace, the constitution allows women victims to file a written compliant to the Internal Complaints Committee (ICC) within 3 months after the incident takes place. The local Complaints committee (LCC) takes up the mater later on if there is no further action in the matter. Even the heir of the victim or any one with a written permission from the lady can file a compliant on her behalf.
Relief – Protection against workplace exploitation.
Representation Indecency Shield
We all have come across umpteen cases where women have been threatened of their private pictures or videos being aired, broadcast or shared and asked for indecent favors, extortion, etc. There are instances where they are secretly shot without knowledge and shared as well. The above law protects the lady from any indecent or vulgar representation of her figure, her body or any part and is considered to be a punishable offense. Victim can immediately raise a complaint against it under the said provision.
Relief – Protection of Dignity and Respect.
Alimony after Divorce
As per section 24 of the Hindu Marriage Act, the working spouse needs to pay the non working spouse a fixed amount as maintenance when the divorce is in process. While the section 25 makes provision for periodical or one time maintenance altogether for the applicant spouse, most of the cases being females. A women has a right to claim her maintenance from husband on account of domestic violence, adultery, polygamy, desertion, conversion like issues, during a divorce. Similar laws are there for Muslims, Parsi and Christian women as well.
Relief – Financial stability during tough times.
Family Property succession
If you’re aware, there was this recent amendment in the Hindu succession act of 2005, under which a female can now claim equal share in family property. Earlier it was the male who had the major share in the Property, is got revised in 2015.
Relief – Equal status in family.
Well, it is still a bumpy road ahead for women across all age groups, but none the less these legal privileges are certainly like shock absorbers for them, helping many of them through these patchy roads they ought to tread at some point of life or other.
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Law definitely offers a promising career with influx of opportunities due to globalization in the law sector. Besides, opportunities from private sectors are opening doors for law professionals to work with corporate houses, real estate companies, film industry, healthcare and more. After graduation though, there comes this dilemma of choosing a specialization for masters. It is always advisable to have a masters degree at least these days, when the competition levels are extremely high. A doctorate in law would definitely put you into another class altogether, but that isn’t a cake walk anyways. Law offers many different subjects to choose from as specialization. Here is run down the few specializations that offer lucrative career prospects in Law.
CIVIL LAW – This subject deals with the major areas of litigation that include damage suits, gaurdian disputes, deeds, wills, individual rights and disputes and more. This specializations come with immense scope for private practice more so, though it also offers good job opportunities with government and private bodies.
CORPORATE LAW – This is presently, one of the most sought after specializations in India that offers opportunities to work or consult corporate giants around contracts, ordinances, privileges and more.
PROPERTY AND ESTATE LAW – With realty business in boom, the demand for real estate lawyers is also on the higher side. Property and real estate laws includes sale deeds, property mortgage and lease issues, property titles, property conveyance, to name a few. You get to work with real estate companies as their employee or legal adviser.
INTELLECTUAL AND PATENT LAW – This area of specialization is gaining popularity more so with globalization winds making their way through this sector. Companies and brands are putting in their efforts to protect their products using the patent and intellectual property rights law. This law deals into trademarks, copyrights and more.
INTERNATIONAL BUSINESS LAW – This specialization also has a good career-scope in the private sector, corporate houses nationally and international opportunities as well. It deals with laws related to international business and trade. This includes international trade, tax, arbitration, competition law, contracts and more.
TAX & BANKING LAW – Specialization in tax and banking is a good idea as well with banking, finance and corporate companies hiring specialists in the area for dealing with their finance and tax matters.
CRIMINAL LAW – If you are up for a challenging, exciting and thrilling career then criminal law is the specialization for you. A roller coaster ride when it comes to work, it deals into interacting and interrogating the accused, witnesses, working around forensic reports, post-mortem reports, things found at the scene relating to the crime and more. You may go for private practice or work as a public prosecutor. Criminal law pays well but might be taxing for some.
Well, there are more additions to the list of specializations available in the legal education sector in India, though you need to choose the one that interests you the most and is lucrative as well so that you can carve out a skyrocketing career graph for yourself.
KLE Law college offers law specialization courses. It’s one of the top law schools in India.
Clinical education is all about enhancing your skills. These skills include interviewing, research, interpersonal, reflective practice, problem solving and more. It is all about experiential learning, a process that helps students in application of their theoretical knowledge in real world situations. These sort of regular exercises and sessions build up confidence to apply their knowledge and make the most of the knowledge gained. It is sort of experiencing their future work life early on, thus in a way preparing them to take the upcoming challenges in their stride.
As a part of imparting clinical legal education, simulation classes are also undertaken. Students are all given a certain case study to resolve. It could be a real or unreal one, but the objective is that students take it up as a real life legal problem and try to deliver the best possible solution to it. Other kinds of simulation classes include mediation sessions, mock trials, conciliation sessions, negotiation and client interaction sessions, witness interrogation sessions, legal writing, drafting and relative exercises. All this is apparently virtual, but makes them feel and respond like they are into the real world of legal professionals.
With the balanced blend of theoretical study and practical learning, law graduates are sure to be at par with the international level professionals across the globe. Indeed, the inclusion of it as a compulsory subject should work well for the future of India and future lawyers as well.
Globalization has by far affected every stream of education and has led to reformation in the fields of higher education across the globe. Reformation in legal education being need of the hour as well, requires focus on making it even more flexible by giving more freedom to the legal education organizations and establishing law schools of international standards besides addressing fundamental issues related to legal education including necessary amendments and changes in the existing law education curriculum and methodologies. The academic standards need to be raised besides providing state of the art infrastructure and research facilities. It also includes providing a good governance model and better job opportunities to the passing out law students.
Well, the challenges for reformation in legal education are big particularly when it comes to promotion of judicial and legal reforms. Apparently, for establishing a rule of law society, the lawyers and judges have to play a crucial role in the future, towards governance. It thus requires the law students in law schools to be imparted with quality training in the present. A re examination of each of them needs to carried out so that these future lawyers and judges sync in well with the undergoing socio-economic transformation.
The times when the focus of legal education institutions was on issues relating to India and Indian law only are long gone. Today, students are inquisitive and interested in studying international law as well as comparative law. Obviously, there is a dire need to make reformations in the existing legal education of Indian law through excellence in teaching and research but at the same time it is vital to focus on globalization challenges.
Keeping up with the need, even law schools today are shifting their focus on incorporating international law curriculum, with an objective of providing a fair mix of programs that strike the right balance on Indian and foreign laws. Even students are highly alert and informed about the latest in law on the international circuit due to the vast exposure available through international moot competitions. The information base of students on international law varies from dispute resolution topics to marine time law, humanitarian law and more.
Thus, it can be aptly said that establishment of law schools of global standards has become necessary today. Setting up law schools with world class infrastructure would also mean attracting students from across the world and the best faculty in law because even today sourcing good faculty with experience and expertise in the field isn’t easy. The law schools for long have been facing issues in acquiring or sourcing qualified faculties, not only in India but abroad as well. But, these issues can be resolved by offering better incentives and promotion of institutional initiatives and legal education reforms mentioned above.
As the possibilities of international interactions increase with time, law schools need to get all set to match-up. This includes activities like setting up a legal database for reference to the students from across the world and keeping it updated consistently, conducting knowledge exchange programs with legal education colleges worldwide and more.
Having said that, realizing all these reforms is not child play and requires mammoth funding. Hence, creating philanthropic initiatives for acquiring funds becomes one of the preliminary steps to be taken in the direction of raising the legal education bar in India.
Why KLE Law College is one of the best law schools in India
Not all of us are aware about the goof ups and confusions that created a chaos amongst the law aspirants and college administration as well whilst the entrance and admission for 3 year and 5 year integrated LLB courses in 2016.
Well, to begin 2016 was the year that marked the centralization of law admissions in India through Common Entrance Tests for both 3 year and five year LLB courses. This announcement itself created whirlwinds in the law education sector causing considerable chaos, litigation and delays and further resulted into many aspirants being denied admission inspite of seat availability. Speaking of numbers, the CET data sheet reveals that out of the 15000 seats available for 3 year LLB degree course, 5000 remained vacant and out of the 10,000 seats available for 5 year integrated LLB degree course, 6000 remained vacant.
Here is an overview of the muddle that happened in 2016 with respect to the CET of Law that resulted in the Principals of Law colleges coming together to make proposals with respect to simplification of law admission procedures.
Applications – The application form apparently needed the students to choose from a list of college division rather than list of colleges. This created a lot of confusion amongst the students and many of them ended up choosing only one division instead of all. This in turn resulted in them losing the seat.
Age Bar – This was one of the biggest issues that cropped up during admission and let to the denial of admission to many aspirants. Apparently, the age limit for the 3 Year LLB course is 30 (35 for reserved category) years and 5 year integrated LLB course is 20 years ( 22 for Reserved category). Though its challenged in the court through may petitions, the imposition of it last year cost many students their seats.
Seat Allocation & BCI Approval – Adding to the confusions already on with CET were that of the seat allocation issue, where in the BCI had to make changes in the first and the fourth list of allotments of colleges due to conflicts reports. There were problems with the ladies and minority quota fulfillment as well. Further, to add to it the apex body had already put a stay on approval of 64 colleges out of 128 in the state until the criteria put forth by BCI were accepted by the colleges.
Nationality/ Caste Certificates and CET Notification Issues – There was last minute chaos while submission of the application forms as many of the aspirants weren’t aware that they had to furnish the nationality and caste certificates. In another case, a student filed a petition in the high court for cancellation of the test on the ground that the syllabus of the test has to be announced 6 months prior to the commencement of the test. Though, the court did not entertain that petition it did direct the state to include BCI member while outlining the syllabus.
Considering these issues that ultimately resulted in significant delays in admission, Principals of law colleges have proposed the need of setting up of facilitation centres to the government of Maharashtra in order to simplify the law admission process this year. The objective behind setting up such centres is primarily assisting the law aspirants and students undertaking the Common entrance test for Law with application form filling, documents to be furnished, etc. Further, they also proposed that a standard operating procedure (SOP) be put in place, so as to avoid the unnecessary last minute hassles the students have to go through for compliance and more. The principals harped upon the simplification of the admission procedure so has to avoid confusions, misunderstandings and unnecessary delays.
Law as a profession is gaining popularity and no longer bears the stamp of being a legacy profession. There were times this profession was also deemed as a mediocre one, but times have changed and for good. Today, there is a huge influx of students willing to make a career in law. Globalization has brought about a reformation in the field as well, with law schools focusing on designing a legal education curriculum that is a balanced blend of Indian and International Law.
For all the passionate aspirants wanting to take up Law education, the preliminary task that lies ahead is getting into a top class law school after clearing CLAT examinations with good marks. The undergraduate degree course choices offered to them range from three year bachelors degree courses to five year integrated degree courses. Though there are numerous law colleges across the country, choosing the ultimate one requires indepth research backed by a visionary approach. Besides, a lot of other secondary points have to be kept in mind like college and course fees, location and feasibility, to name a few.
When considering the various top ranked colleges, as an aspirant you are sure to come across the name KLE society’s law college. Obviously because, it is one of India’s renowned colleges for pursuing legal education. KLE Society’s law college has been instituted as a nursery and training ground of students seeking quality legal education and is ranked amongst the top 5 law colleges in South India for a while now. Established in the year 1975, KLE’s society Law School has been continuously fostering the future lawyers with indepth knowledge and professional skills in the field of jurisprudence for over 4 decades now.
KLE society’s law academy offers state of the art infrastructure which includes a wide spanning campus with spacious classrooms. The classrooms are fully equipped with interactive teaching tools like LCD’s and more. A well stocked library and e-library providing access to a mammoth research database both online and offline, moot court hall and IT resources for staff makes KLE stand out as a law academy of international standards.
The college also supplements its academic and professional training programs with guest lectures for its students by prominent judges, lawyers of the Supreme court and High Court. The law courses on offer include undergraduate, diploma and certificate programs. KLE’s commitment to excellence in law education has gained it a reputation for delivering excellence in field of academics of Law in India. No wonder, KLE society’s Law College is ranked as the 2nd best private law college in South India by ‘the Week’ and 8th best in India by Career 360. It also holds the recognition of being ranked as the best law college in India for the year 2015 by India today.
So, if you are an aspiring lawyer, KLE society’s Law college is undoubtedly an alternative you consider for a high flying career in Law.
With the constitution of India, there is one basic rule with law viz bail and not Jail. So, everyone who is accused of an offense civil or criminal, has a right to apply for bail. Only exception for it is if the said or accused is a repeat offense maker or there is a dire possibility of he fleeing away from justice, intimidating the witnesses or the crime is grave enough.
Applying for Bail
Once a First information report is file against you or a charge is filed against you, your would need to furnish your details including information and thumb prints as well. Your background or criminal records would be checked out. It the charge is a meager one, you can immediately apply for bail else if its a complex one, you might have to wait for around 24 hours before you could apply for it. Some offenses are non bailable also. So, your bail plea filing would depend apparently on the type of offense or accusation against you.
Types of Bail
Bail is a kind of security that you provide to the law for them to release you. It is a surety that you would be available in court as and when required in future. As mentioned before bail is your right, its your right to freedom and you must apply for it. There are different categories of bails applicable depending upon the type of charge against you.
Interim Bail – This bail is for certain period of time granted before hearing to the prosecution.
Permanent Bail – This bail is permanent in nature and granted only after hearing to the petitioner as well as the prosecution.
Bail before Arrest – It is granted when the court feels that the accused is falsely involved in the case and an arrest would effect his honor and dignity badly.
Bail on Arrest – Under section 497 of Cr. Pc. Bail can be granted for both bailable as well as non bailable offenses after the accused is arrested against a charge
Protective Bail – A bail granted so that the accused can approach the provincial court for getting a pre-arrest bail without touching its merit.
Directly approaching Superior Court – The superior courts can grant pre- arrest bail in some appropriate cases directly if the accused has been deprived or prevented of approaching lower courts.
Bail for the Convict – Once convicted, bail is granted to the accused even if the appeal for the same is accepted if court finds that there are considerable grounds for his/her release.
Preconditions of Pre-arrest Bail under Bailable Offenses
Gravity of the offense – The gravity of the offense does not affect the pre arrest bail. Infact it is of zero importance in pre-arrest bail cases.
Personal Motives – Pre arrest bail can be easily gotten if it is proved to the court that there is some ulterior motive or personal gain behind involving the accused into the case.
Not Guilty – Pre-arrest bail can be easily got if the initial investigation shows that the accused is falsely involved in the crime and has apparently not committed it.
Fit Case – If the case of the petitioner is a fit case, then the court can grant bail for the same.
Surrender – On surrender prior arrest by the accused, pre arrest bail is granted. If the accused absconds, he is not applicable for the same.
Bond Submission – If the accused submits the required bonds needed for bail, he/she can easily avail bail under criminal cases.
Pre conditions for Post Arrest Bail under Bailable Offenses
Excludes the Prohibitory Clause – If the accused does not fall under the prohibitory clause then bail is possible.
Likely not Guilty – If there is not reasonable ground for the accused to commit a non bailable offense then bail can be granted.
Scope for further Enquiry – If the court observes that there is sufficient ground available in the case for further enquiry, then post arrest bail is a possibility.
Security Bonds – A post arrest bail is only allowed if the accused is willing to provide the necessary bonds required by the court for bail.
Pre-conditions for Bail under Non Bailable Offenses
Child or Women – Even if it is a non bailable offense women and children can be granted bail.
Personal Enmity – If evidence of personal enmity between the complainant and the accused is proved, bail can be granted under non bailable offenses.
Lack of Evidence – If the evidence available is insufficient then bail can be obtained under non bailable offenses as well.
FIR registration Delay – If the FIR registration has been delayed, then bail is applicable under non bailable offenses too.
Doubt – If nothing substantial is proved in a criminal case about the accused being involved or there is a grave doubt in the case and also nothing is recovered from him/her, there is a possibility of getting a bail for non bailable offenses.
Sickness – On account of the person being physically or critically ill, bail is possible even under non bailable offenses.
Hopefully, the aforementioned writeup has cleared the fog on bail for you in some way or the other. It is advisable to consult a lawyer to get more indepth information on the same.
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