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Marriage, Divorce and Name Change in India

While marriage is an auspicious and life changing event in one’s life, divorce is also life changing but heartbreaking. India is one country where most of the females change their surnames to that of their spouses post marriage. They even change it in their identity document like Voters ID, Pan card, Aadhar Card and more. Though, it is not mandatory to do so for a female and is done as a gesture of companionship, doing it and undoing it post a divorce is a matter of choice and involves a systematic legal procedure. Here is a sneak peek into the procedure to change name post a marriage and a divorce.

Name Change in India

Post Marriage
As a proof of your marriage you need to submit the marriage certificate along with the application to state government gazette office. You can get the form from the office or the online website of State government. It is chargeable and post verification of the proof attached, your name change appears in the published gazette. Copies of the same are couriered to you and you may use them as a legal proof. You also have to publish the name change news in the local newspapers, English and local language preferably.

Post Divorce
Post divorce if you want to retain your earlier identity, you will have to apply for the same with a divorce order copy.

Name Change
In India there is freedom of having any name of your choice and changing it while following legal procedures. You can not only change your name, surname, but a female can use two surnames as well one her maternal and one post marriage together as well. Furthermore, you can even change the surname of your child post divorce unless your husband approves of it.

Having said that, due care has to be taken to ensure the name change is applicable in all the legal and official documents.

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Dissolving of Intellectual Property Rights

Many brands and companies protect their products with copyright, trademark or other intellectual property rights, the recent one being the Taj Mahal hotels. It is now protected with Trademark under private construction category. But, many of us are not aware of the twist to the law wherein once the property is sold, wherein the rights that it had prior to the sale are nullified.

Intellectual Property Rights

Here is a simple example to explain the law. For example a well known company sells house paints. Once the cans of the paint are purchased by customers, used and discarded, there’s this other company that collects to cans, refills them with a low quality of paint and resells them at a much lower rate. Now, the inventor of the paint or the authentic owner faces competition and is likely to come up with attractive offers and discount to fight the competition back as he cannot do anything about it. There are no repercussion on what happens once the product is sold. The patent rights extends only through production, creation, manufacture to sale. Once someone purchases the product, the patent is exhausted.

There has been a lot of misconception or confusion with the law of intellectual property rights and due to the same a lot of infringement cases wherein the exhaustion principle applied to products once they were sold become invalid. The supreme court has even re-explained the whole exhaustion principle in a short format that clearly states that the exhaustion principle is applicable to products that are purchased and resold later. But, they have to get into a contract with the customer under refill to do the same and comes with restrictions like one time use and no resell of container or sharing of the ink container, but to name a few.

To combat this issue many companies have adopted various methods like return policy’s around used products. In case of ink as a product, some companies have gone to the extent of installing a chip to track the location of the refilled ink container.

To fight an infringement case in a way that the outcome is positive the company or person filing the infringement needs to keep the design or the item and prove to the court that the design or the process was stolen, copied or reproduced. A legal counsel needs to be hired to litigate. The claim only proceeds after the litigation is attempted through a legal counsel and shows signs of clear violation of intellectual rights. Otherwise if is against to what the Supreme court has explained and re-explained, the case is rejected.

Contact for CERTIFICATE COURSE IN INTELLECTUAL PROPERTY LAW

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The Significance of a Business Transaction Lawyer For Businesses in India

When it comes to business decisions that involve legal procedures and monetary transactions, and any issues arising due to legal inability or ignorance can cost you a fortune for sure or land you in a legal soup. So, it is important for a business to have a business transaction lawyer. This is not just true for large companies but also for start ups. In future when the need of merger with some company or selling the company arises, a business transaction lawyer could be of utmost help.

Like when you don’t feel well you seek a doctor and you find specialists around every health concern, today you find specialist lawyers as well and one of the area of specialization besides crime and civil is business transaction. Here are a few benefits of hiring a Business Transaction lawyer for your business.

Inception – When you start a business, the lawyer can help you organize your business under a relevant category. For example business lawyer helps you on deciding whether to go for a corporation

Licenses and Taxes – You would be definitely having an accountant to take care of your business tax returns, but understanding the business transactions and consequences tax frauds as well as registrations like state tax identification numbers is very important. Business transaction lawyers can help you with that.

Intellectual Property – Intellectual properties include your logos brand names and other creative or idea based exclusive intellectual properties which need to be copyrighted or trademarked. Lawyers can help you with the procedures related to getting your stuff protected against copy or duplication.

Real Estate Dealings – For a business infrastructure, you might as well need to buy or lease some commercial space or land and here is when a business transaction lawyer comes in the picture. Documentation of such transactions or deals requires an eye for legal detailing or else the landlord could devise the documentation the best of his/her interest only.

Contractual Documents -There are certain legal procedures that need to be followed while getting into contractual agreements. In such situations when you need help in contract matters While dealing with suppliers, distributors, clients or customers, its always smart to avail the services of a business transaction lawyer.

Well, these are just few of the benefits that business transaction lawyers provide with respect to your business big or small. So, keep yourself at bay from the stressful encounters with law and even unnecessary and unexpected monetary losses. Just one last say, choose a lawyer based on expertise and thorough knowledge of the business transaction or legal sector.

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Legal Education In India – 7 Interesting Law Specializations

Legal Education in India

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.