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FAQ


How can I find a good lawyer in India?
The best way, which is also the most common way of finding a good and competent lawyer anywhere in the world is from word of mouth. Talk to your friends and relatives, who then direct you to a lawyer or a law firm whom they know personally and deem them to be competent for the legal assistance needed by you, and shall honestly labour for you with the maximum possible use of law and facts in your favour.




Who can obtain legal advice on this Portal?
Any person directly affected by any problem, and sending us his / her problems through e-mail, along with his/her entire personal details like name, address, e-mail and telephone numbers can obtain, Legal Advice on this portal.




Can I contact for any other services on this site?
By all means yes. We also try to organise everything for our clients, which they need for their litigation or legal documentation, but are unable to do or perform themselves. However, these arrangements are made by our non advocate associates, and naturally these services are also charged.




What is Indian Patent Act 1970?
The Indian Patents Act, 1970 provides patent protection in India. Patent is a grant from the Government to the inventor for a limited period of time, the exclusive right to make use, exercise and vend his invention. After the expiry of the duration of patent, anybody can make use of the invention.




What is NOT protected under the Indian Patents Act, 1970?
There was no product patent for pharmaceuticals, food, chemical based products, agriculture or horticulture, seeds, variety of species and methods for production of plants and animals. These industrial sectors were covered by process patent only.




What is the term of patent in India including renewals required?
The patent period is 20 years in India and to be renewed annually till the last 19th years.




What is Patents (Amendment) Bill 2005?
Indian Parliament has passed the Patents (Amendment) Bill 2005 that would replace the Patents (Amendment) Ordinance 2004 earlier issued by Government of India in December 2004. The Patents (Amendment) Bill 2005 introduces product patent regime for food, chemicals and pharmaceuticals.

India was required to introduce product patent protection in these sectors from 1.1.2005 in accordance with the obligation under the TRIPS Agreement of the WTO. To fulfill this requirement, Government of India had issued an Ordinance in 2004.

The Ordinance was to be approved by the Parliament. While introducing the Patents (Amendment) Bill 2005 in the Parliament, Government introduced certain changes from the provisions in the Ordinance.




What is a trademark?
A trademark includes any symbol, word, name or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.




What is a service mark?
A service mark is any symbol, device, word, name, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services.




What is a collective mark?
A collective mark is a trademark or service mark used, or intended to be used, in commerce, by the members of a cooperative, an association, or other collective group or organization, including a mark, which indicates membership in a union, an association, or other organization.




What are the benefits of federal trademark registration?
  • Constructive notice nationwide of the trademark owner's claim.
  • Evidence of ownership of the trademark.
  • Jurisdiction of federal courts may be invoked.
  • Registration can be used as a basis for obtaining registration in foreign countries.



How a foreign company forms a subsidiary in India?
A foreign company can commence operations in India by incorporating a company under the Companies Act, 1956 through.
  • Joint Ventures; or
  • Wholly Owned Subsidiaries
Foreign equity in such Indian companies can be up to 100% depending on the requirements of the investor, subject to equity caps in respect of the area of activities under the Foreign Direct Investment (FDI) policy.




What are the advantages of Joint Venture for a foreign investor?
  • Established distribution/ marketing set up of the Indian partner
  • Available financial resource of the Indian partners
  • Established contacts of the Indian partners, which help smoothen the process of setting up of operations



How a foreign company can form a 100% subsidiary company in India?
Foreign companies can also to set up wholly owned subsidiary in sectors where 100% foreign direct investment is permitted under the FDI policy.




How could I got information of FDI in India?
Details of the FDI policy, sectoral equity caps & procedures can be obtained from Department of Industrial Policy & Promotion, Government of India (http://www.dipp.nic.in ).



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