Patent not working in India

A patent that has not been worked for three years from its grant is vulnerable to issuance of a compulsory license.  Any interested party which has been unsuccessful in procuring a voluntary license from the patentee can file an application with the Controller requesting for a compulsory license after expiry of three years from grant of the patent. Such person needs to establish the occurrence of any of the three conditions mentioned in Section 84of the Act. One such condition is that the patent should have ‘not worked in the territory of India’. If the Controller is satisfied, he may grant the applicant a non-exclusive compulsory license for the balance term of the patent, unless a shorter term is consistent with public interest. The patent can subsequently be revoked after the expiration of two years from the grant of the compulsory license on application by any third party or the Government if it is established that the compulsorily licensed patent has not satisfied the purpose for which it was granted. Information contained in Form 27 filed, would be available to such applicant seeking a compulsory license to establish the non-working of the patent. There is no provision for suo motu revocation by Controller. Neither is ‘non-working’ a ground for revocation of a patent by a person interested under Section 64 of the Act. Therefore, non-working would not directly lead to revocation of patent.

Foreign Law Firm Case India

The Madras High Court has announced its judgment on the writ petition filed against the entry of foreign law firms. The final arguments were concluded on February 1, 2012 and the judgment reserved.   The Chief Justice M. Yusuf Eqbal has disposed of the writ  petition with certain directions. Some of which are listed below.

The High Court has held that foreign law firms and foreign lawyers cannot practice the profession of law in India either in litigation or non-litigation without first enrolling with the Bar Council of India under the Advocates Act.  However, foreign lawyers can “fly in and fly out” on a temporary basis to advise their clients on international law.  With regard to arbitration, the Court stated that foreign lawyers can come to India to attend and hold international commercial arbitrations.  Lastly, with regard to BPOs, the Court stated that running a BPO is not practicing the profession of law. BPOs are restricted to doing certain kind of work and if they are found to be doing something against the Advocates Act, the Bar Council of India will take action against them. It appears that this judgment has put to rest several issues pertaining to the exact status of foreign lawyers and law firms in the country. http://www.barandbench.com/brief/2/2084/foreign-law-firm-case-judgment-announced-foreign-lawyers-cannot-practice-unless-enrolled-bci-fly-in-fly-out-permissible-on-foreign-law-and-for-arbitration

Expanding Your U.S. Business

There are many government and private sector organizations that can help your company expand in the United States. Individual U.S. states’ economic development offices are eager to see local businesses expand. Local chambers of commerce, national and local industry associations, International Trade Centers, the U.S. Commercial Service, and professional service firms are all eager to assist companies that are looking to grow.  Visit Export.gov to learn how you can increase your firm’s revenues by exporting products or services to foreign markets. The U.S. Commercial Service’s Market Research Library on Export.gov contains more than 100,000 industry and country-specific market reports, authored by our specialists working in overseas posts. The Library Includes: Country Commercial Guides, Industry Overviews, Market Updates, Multilateral Development Bank Reports, Best Markets, Industry/Regional Reports. These market research reports are available only to U.S. companies and students/researchers that are registered with Export.gov. Register above to get access. Individual U.S. states, regional chambers of commerce, and International Trade Centers also make these resources available.

SelectUSA

SelectUSA encourages and facilitates domestic and foreign business investment in the United States by:

  • Partnering with firms, state and local governments, and other stakeholders to provide investors a single point of entry for information and serve as ombudsman and national advocate for investment in the United States.
  • Assisting state and local governments, at their request, to address regulatory barriers for domestic  and foreign firms wanting to invest in America.
  • Coordinating across federal agencies, to provide services that supplement state, regional and local resources to attract, retain and expand business investment in the United States.
  • Managing SelectUSA.gov, a website to provide comprehensive information on federal programs and services available to companies locating in the United States.

SelectUSA is housed within the U.S. Department of Commerce, which maintains a network of personnel throughout the United States and in nearly 80 countries, and is led by an Executive Director, appointed by the Secretary of Commerce. SelectUSA is a convening authority of the Federal Interagency Investment Working Group and responds to specific federal-level concerns impacting the attraction and retention of business investment. The Obama Administration is committed to enhancing U.S. efforts to win the growing global competition for business investment by leveraging our resources and advantages as the premier business location in the world. SelectUSA’s customers include state economic development agencies (EDAs), site selection consultants, U.S. businesses, and foreign firms.

US Visa

The type of visa you will require to enter the United States is defined by immigration law, and relates to the purpose of your travel. The best points of contact are the U.S. Department of State’s Business Visa Center or your local U.S. embassy or consulate. If you have a question about what aspects of immigration law and regulation are applicable in certain cases, the State Department’s Office of Visa Services, Public Inquiries section can usually explain the legal aspects of immigration. Information is available to the public by telephone at the Visa Services, Public Inquiries Division by fax at 202 663-3899. The telephone number provides the caller with a selection of pre-recorded information and the ability to talk to a visa specialist during business hours. The Department of Homeland Security is responsible for the approval of all immigrant and nonimmigrant petitions, the authorization of permission to work in the U.S., the issuance of extensions of stay, and change or adjustment of an applicant’s status while the applicant is in the U.S.