Law in India

Lets read about Intellectual Property(IP)

Our services include a Patent law firm, international Intellectual Property law firm, and Top international IPR law firms to our global clients at affordable prices in India & across the globe. We provide a complete range of services in the field of Intellectual Property Rights according to the requirements of our clients in order to safeguard their Intellectual Property Rights (IPR) as well as business interests.

Our IPR services cover the following IP:

  • Patents
  • Trade Marks
  • Copyrights
  • Designs and trade secrets
  • Domain name registration
  • Geological indications

We advise and assist our clients in

  • Drafting, Filing, Prosecution, and opposition of applications of Trademarks, Patents, Copyrights, Geographical Indications, Domain Names, Business Processes, including the filing of PCT applications for Patents
  • Search and intelligence services including due diligence, investigation, market surveys, negotiations for co-existence agreements and buy-outs
  • Drafting of various Agreements pertaining to Assignment and Licensing of Intellectual Property Rights and providing advisory services on different transactional work involving IP Rights
  • Execute all formalities with respect to enrolment and litigation matters of Trade Marks and Service Marks, along with drafting technology transfer and licensing compliances, an estimate of intellectual property of our clients
  • Representation before and Liaoning with various authorities such as Trade Mark Registry, Copyright Office, Geographical Indications Registry, National Informatics Centre and Intellectual Property Appellate Board (IPAB)
  • Senior Attorneys with many years of government and industry experience understand the intricacies of litigation involving issues around Intellectual Property Rights. We have been handling various disputes related to IPR infringements which include representing our clients before various courts, authorities, and forums in complex litigations issues, appeals and opposition proceedings. Our deep understanding of Patent Laws, coupled with knowledge of science and technology enables Maheshwari & Co. to deliver positive results to the needs and satisfaction of clients.
Pharmacy-Law

What is Pharma & Health Care Law

Kainth Consultants provide broad and deep insights into the key trends and risks operating in the pharmaceutical and bioscience sector, blood banks, diagnostic companies as well as other healthcare bodies. Our firm provides intensive consultancy and handles litigation of complex nature in pharmaceuticals and health sectors to both national and international clients on strategic matters.

Kainth Consultants advise International and Indian companies and institutions on the legal, IP (both contentious and non-contentious), regulatory issues, corporate laws, and taxes.

We offer clients unparalleled assistance on:

  • Various corporate transactions which include raising funds for the Company through Private Equity, Mergers & Acquisitions, De-mergers, Joint Ventures and various collaborations related to the licensing in the pharmaceutical, biotechnology and healthcare sectors
  • Various regulatory issues and compliances relating to clinical trials, marketing, research and development
  • Adverse Drug Reaction reporting and litigation support to the victims of Adverse Drug Reactions and medication errors
  • Assistance in import, manufacture, sale, and testing of medical device, drugs, and cosmetics
  • Assistance on issues pertaining to IP Rights including patent and trademark compliances, filing of applications, geological indications, secret information disputes
  • Drafting and reviewing of various agreements such as Contract manufacturing and sub-contracting, License Agreements, Partnership, Agency Agreements, Confidentiality Agreements, etc.

What is Copy Right Law in India

The copyright law in India is governed by the Copyright Act, 1957 (as amended in 2012) along with the Copyright Rules, 2013. The first copyright law in India was the Indian Copyright Act, 1914.

Copyright is a right given by the law to creators of intellectual property in the form of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. As soon as such work is created, copyright comes into existence and no formality is required to acquire it.

Some of the rights which creators of intellectual property enjoy include the right to reproduce their work; communicate their work to the public, adaptation as well as translation of their work, etc.

Any individual who is the author or rightful owner or his/her assignee can file an application for the registration of copyright.

Copyright registration is not mandatory however, in case of dispute related to ownership of copyright, the certificate of copyright serves as a prima facie evidence in a court of law. Thus, it is advisable to apply for registration of copyright.

There are exemptions to copyright infringement, such as, when copyright is used for the purpose of research, criticism or review, in connection with judicial review, for teaching in a classroom, etc.

The registration fee for copyright varies from case to case.

Information required at the time of filing for registration of copyright includes full name, address and nationality of the applicant(s) and that of author, nature of applicant’s interest in the copyright i.e. OWNER / LICENSEE etc., title of the work, declaration signed by the author (if different from the applicant), language of the work, whether the work is published or unpublished, if the work is published, year and country of first publication and name, address and nationality of the publisher, year and countries of subsequent publications, if any, name, address and nationality of any other person authorized to assign or license the rights in the copyright, power of attorney for the firm, six hard copies of the work and three soft copies, (For computer programs) – 3 copies of the program on CD ROMs.

Procedure:

File an application along with the fee in the form of a demand draft, postal order or online payment in Form-XIV after which diary number will be allotted.

The applicant is required to send by registered post copies of Form (XIV), Statement of Particulars & Statement of further particulars to every person who claims or has any interest in the subject matter of the copyright or disputes the rights of the applicant to it.

The applicant has to wait for 30 days for objections. If an objection is filed during that period then a letter is sent to both the parties. After a requisite reply from the parties, the registrar may conduct a hearing. If the application is still rejected then a rejection letter is sent to the applicant. However, if no objection is filed within the said period, the application is then formally examined and discrepancies in the application found by the examiner, if any, are raised, or any extra documents are requested by issuing a discrepancy letter to the applicant. Response to the discrepancy letter has to be filed by the applicant within 30 days.

After all the formalities are done, the Copyright registration certificate is issued.

The term of registration of copyright varies and the general rule is that the copyright lasts for 60 years. In the case of Original literary, dramatic, musical and artistic work, 60 year period commences from the date of the death of the author. However, in the case of cinematographic films, sound records, photographs, posthumous publications, works of government and international agencies, 60 year period commences from the date of publication.

Best Telecommunication Law Firm

What is Telecommunication Law

Kainth Consultants Having a significant experience in the telecommunications sector ranks amongst the top telecommunications law firms in India for technological transactions. We advise clients on the licenses, legal and regulatory issues relating to the Telecom Regulatory Authority of India (TRAI). We represent clients before the Department of Telecommunications (DoT), the STPI and the TRAI.

The firm has been regularly advising varied companies with regard to the following:

  • Mergers and acquisitions – Complete M&A support to telecommunication companies
  • Data processing – Agreements dealing with data processing, Internet connectivity, and data networking
  • Agreement negotiations – Agreements dealing with IT/Communications packages
Trademark Registration

How to do Trademark Registration

Trademark Registration Online in, India is most important for any business. Each type of business who wants to secure their brand name and logo of the company, they have to just go for Online trademark registration in India. Trademark Registry gives the protection of each brand name with the logo in their respective trademark class.

The Trademark Law in India at governed by Trademarks Act, 1999 along with the rules Trademarks Rules, 2017. A trademark is a distinctive sign or symbol that an individual, company or business organization uses on its products to distinguish their goods/services from those of others.

The main purpose of having a trademark is to distinguish the origin of goods and services as it helps the customers to differentiate between various products available in the market. It also acts as an advertisement for the products which ultimately increases the sale and generates goodwill of the trader.

In case of dispute related to the use of trademark, the strength, and popularity of the trademark is one of the factors courts will analyze to determine if you can stop another from using your trademark. A good trademark should be distinctive and not too close to the already existing trademark, easy to remember and short.

A trademark can be registered online as well as offline. However, filing an application online is beneficial because as per Trademark Rules, 2017, a 10% discount in fee can be availed by applicants who file electronically.

Information required to register a trademark includes name and address of the applicants and other persons in full, along with their nationality (in case of a partnership firm, full name and nationality of every partner thereof shall be given), TM-48 or Power of attorney in case a trademark application is filed by a person other than the trademark applicant. If the application is to claim priority from an earlier filed convention application, details of that application are also required (application number, filing date, country, and goods/services), date of first use of a mark, if at all used, fees that is required for registration, details of goods or services that is proposed to be registered, soft copy of the logo in JPEG format an affidavit and supporting documents (only when the trademark is already in use).

 The duration of trademark registration is 10 years from the date of application which can later be renewed for a further period of 10 years. The application for renewal (Form TM-R) along with the renewal fee can be made prior to the date on which renewal falls due.

 A trademark is designated different symbols such as a small TM i.e. ™ for trademarks which are not registered and small R enclosed in a circle i.e. ® for registered trademarks.

Procedure to Register Trademark:

Step 1: File an application for the registration of a trademark on Form TM-A along with fees and all the documents, after which an application number will be allotted.

Step 2: The Trademark Office will issue an examination report after checking all the formalities. If an objection is raised in the report then an appropriate reply is to be filed within 1 month from the date of receipt of the examination report and a hearing with the examiner may be called. If the application is still refused, then an appeal can be made to the Intellectual property appellate board. However, in case of no objection in the examination report, a trademark is published in the trademark journal for a period of 90 days for the general public to raise an objection, if any.

Step 3: If the general public does not object within 90 days of publication, the mark will be registered within 12 weeks’ time. However, if it is objected, then a hearing will be called and both the parties have to appear before the court.

Real Estate Law

Lets read about Real Estate Law

We are the prominent Real Estate (Property Lawyers) Law

Kainth Consultants is the foremost real estate Property Lawyers & firms in Delhi NCR, India and works closely with a number of Indian Law Attorneys financers, investors, realtors, corporate and individual developers, stakeholders in both international and domestic markets in all kinds of real estate transactions striving for maximum return with minimum risk exposure.

We make our clients aware of applicable laws such as stamp duties and requirements of registration. We also assist our clients in getting licensing and regulatory approvals required from government and statutory agencies. We represent owners, developers, secured lenders, loan participants, government bodies, bondholders, borrowers, landlords, tenants.

We offer specialized services in the following areas which makes us a leading real estate law firm in India:

  • Conducting due diligence investigation in a commercial or industrial real estate transaction to discover all material facts and conditions affecting the Property and the transaction
  • Exposition services for registration of properties at sub-registrar offices
  • Rendering service to clients to receive various approvals/permission/licenses from authorities concerned
  • Vetting, conveyance, drafting and interpretation of various types of contracts/annexure such as co-partnership, joint venture, consortium, sale deed, lease deed, a general power of attorney, builder buyer agreement, special power of attorney and other legal documents
  • Evaluating and verifying title deeds, conducting title search/title inquiry of properties all over India
  • Handling legal aspects of project sanctioning, housing loan and other types of cases involving the mortgage
  • Providing services to overseas clients in fulfilling post-disbursement requirements
  • Recommending clients beyond the basic legal requirements while acquiring, disposing and transferring properties
  • Making risk assessments, advising on the compliance of different environmental laws, obtaining allowance and approvals from the authorities concerned
  • Offering consultation on tax planning related to transactions to bring down tax liability

What is E-Commerce Law in India

Starting an online e-Commerce business involves a few more unique and complex challenges. Proficient professionals at Kainth Consultants facilitate internet-based corporate finance, rules, and regulations, and other technology-based services that help clients establish their online businesses.

We understand and minimize the impact of issues with multi-jurisdictional electronic contracts and hosting agreements while working towards:

  • Business formation
  • Funds and financing
  • Content regulation management
  • Data protection, encryption, and privacy
  • Regulation
  • Tax, etc.

What is Arbitration law

Kainth Consultants is a leading Arbitration law firm in India, which has developed a high specialization in the field of Best Arbitration law firm. Our services include international Arbitration law firms to our global clients at affordable prices in India & across the globe. The firm has vast experience in handling international and domestic arbitration arbitrations and other forms of Alternative Dispute Resolution (ADR) such as mediation and conciliation covering various disciplines of commercial arbitration in India including Construction, Investment, Supply, Oil and Natural Gas, Technology, Infrastructure, Mining, Technology. The firm has represented various clients keeping in mind the best interests of the client.

The firm and its partners have experience and expertise in handling complex arbitrations involving multi jurisdictions before various arbitral institutions of India and abroad. We have a dedicated team of lawyers with specific expertise to meet our client’s requirements and handle complex arbitration matters both in India and abroad. Our attorneys have acted as counsels and arbitrators in high stake arbitrations providing the best advice and support in resolving disputes.

Services provided by our Firm include:

  • Conducting domestic arbitration under the Arbitration and Conciliation Act. 1996 and ICA rules
  • Conducting International Arbitration under UNCITRAL and ICC Rules
  • Rendering mediation services to clients
  • Enforcing and challenging enforcement of Arbitral Awards
  • Appointment of arbitrator through the High Court of Delhi and Supreme Court of India
  • Representing clients before the High Courts and Supreme Court in arbitration petitions
  • Advising clients on the appropriate venue of arbitration and choice of procedural and substantive law
  • Representing clients before arbitral tribunals with regard to disputes arising out of agreements containing an arbitration clause
  • Applying to stay proceedings brought in breach of arbitration clauses
  • Drafting and Vetting of arbitration agreements
  • Providing domestic ad-hoc Arbitration services
  • Providing Domestic Institutional Arbitration services
  • Advising clients and handling arbitration cases related to Commercial Contracts, Collaboration Disputes, Contractual Disputes, Construction Agreements, Service Agreements, Joint Venture Agreements, Supply Contracts, Marketing Agreements, Sale Agreements, etc.
  • Advising clients on conciliation and mediation matters
  • Advising clients on alternative dispute resolution laws and procedures
  • Enforcement of International arbitration awards in India and Challenging of awards passed in India