Tag Archives: Attorney

Legal Service Law India

Posted on November 13, 2011 by admin| Leave a comment

Legal Practitioners (Regulation and Maintenance of Standards in Profession, Protecting the Interest of Clients and Promoting the Rule of Law) Bill, 2010.

A Bill for the establishment of the Legal Services Board and in respect of its functions; to make provision for, and in connection with, the regulation of persons who carry out the activities of legal practitioners; to make provisions for the establishment of an ombudsman for complaints against the professionals  and for a scheme to consider and determine complaints against the legal practitioners; to make provision in respect of providing legal services free of charge and for connected purposes.

please read the complete Act at Http://trustman.org/india/legal_service.htm

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Posted in Lawyer India

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Typical Bankruptcy Forms Processing Outsourcing India

Posted on July 16, 2011 by admin| Leave a comment

A typical bankruptcy forms processing practice works as under:

Client either downloads or is emailed a set of Client Intake Forms in PDF format to print and fill out.

Client will fax or email or upload the completed forms to the forms processor for
review. The forms processor will draft the bankruptcy petition from the information provided on the Client Intake Forms.

If the requisite information is either missing or incomplete, the forms processor
or attorney will call up the client and obtain the missing or incomplete information.

After the drafting of the bankruptcy petition, the forms processor saves the document in the convenient format and sends it to the attorney as an attachment on an email or upload the completed bankruptcy petition.

At this point the attorney may wish to meet with the clients to review their bankruptcy petition before filing, but it is not absolutely necessary. They communicated with the client by email or telephone.

Electronically filed documents do not require the client’s signature so it is not necessary to meet the clients face-to-face before filing the bankruptcy petition. An attorney is provided with an electronic signature by the court that he uses to sign all electronic documents filed on behalf of the client he or she represents.
After the attorney receives the bankruptcy petition by email, he or she will save it
on their computer under the client file name and begin the review. The attorney can either print out the bankruptcy petition and make changes with an ink pen, or review it on the computer screen and note any changes in an email to the forms processor.

After the attorney has approved or made changes to the bankruptcy petition, he or she will email it back to the forms processor. The forms processor will make the changes and prepare a final bankruptcy petition ready for electronic filing.
The forms processor emails the final petition to the attorney for final approval.

Upon approval by the attorney, the forms processor will electronically file the bankruptcy petition with the proper court or email to the attorney for printing, copying and filing.

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Posted in LPO

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Patent law India

Posted on June 11, 2011 by admin| Leave a comment

Patent law has been formulated with an objective to promote and protect the inventions and methods. The object of granting a patent is to encourage and develop science, technology and industry.  A patent can be defined as a grant of exclusive rights to an inventor over his invention for a limited period of time. The exclusive rights conferred include the right to make, use, exercise, sell or distribute the invention in India. The term of a patent is twenty years, after the expiry of which, the invention would fall into the public domain.

In 1957, Govt. of India appointed Justice N. Rajagopala Ayyangar examine and review the Patent law in India who submitted his report September 1959 recommending the retention of Patent System despite shortcomings. The Patent Bill, 1965 based mainly on his recommendations incorporating a few changes, in particular relating to Patents for food, drug, medicines, was introduced in the lower house of Parliament on 21st September, 1965. The bill was passed by the Parliament and the Patents Act 1970 came into force on 20th April 1972 along with Patent Rules 1972. This law was suited changed political situation and economic needs for providing impetus technological development by promoting inventive activities in the country.

Uruguay round of GATT negotiations paved the way for WTO. Therefore India was put under the contractual obligation to amend its patents act in compliance with the  provisions of TRIPS. India had to meet the first set of requirements on 1- 1-1995. This was to give a pipeline protection till the country starts giving product patent. It came to force on 26th March 1999 retrospective from 1-1-1995. It lays down the provisions for filing of application for product patent in the field of drugs or medicines with effect from 01.01.1995 and grant of Exclusive Marketing Rights on those products.

India amended its Patents Act again in 2002 to meet with the second set of obligations (Term of Patent etc.), which had to be effected from 1-1-2000. This amendment, which provides for 20 years term for the patent, Reversal of burden of proof etc. came into force on 20th May, 2003. The Third Amendment of the Patents Act 1970, by way of the Patents (Amendment) Ordinance 2004 came into force on 1st January, 2005 incorporating the provisions for granting product patent in all fields of Technology including chemicals, food, drugs & agrochemicals and this Ordinance is replaced by the Patents (Amendment) Act 2005 which is in force now having effect from 1-1-2005 .

Click here to read complete article Patent law India

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Posted in Patent Law India

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TRADE MARK LAW USA (USPTO)

Posted on June 4, 2011 by admin| 2 Comments

A trademark includes any word, name, symbol, 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.

A service mark is any word, name, symbol, device, 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

A certification mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce with the owner’s permission by someone other than its owner, to certify regional or other geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of someone’s goods or services, or that the work or labor on the goods or services was performed by members of a union or other organization.

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.

Read the complete article at TRADE MARK LAW USA (USPTO)

 

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Posted in Trademark

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Patent Outsourcing India

Posted on May 30, 2011 by admin| Leave a comment

The importance of IP reaches far beyond historically in the past technical industries for several reasons. While not a brand spanking new idea by any stretch (the first U.S. patent was issued in 1790), adequate patent protection has exploded to become of the single most important obligations facing American corporations. With this alter in emphasis has also come the demand for more efficient and cost-effective legal representation for IP related services. Plenty of law firms that used to autonomously dictate exactly how much an inventor or corporation would pay for their services are now finding themselves in a bidding war for the privilege of representing high-dollar clients. Additionally, plenty of corporations have expanded their in-house legal departments to employ full-time IP attorneys and support staff, thereby eliminating the traditional law firm markup. Yet even with these aggressive cost-cutting tactics, U.S. corporations are still looking to economize expensive IP activity in any way feasible.

To some organizations, namely global corporations like Microsoft and General Electric, supplementing patent operations, these companies are already comfortable dealing with the difficulties of offshore operation, and have brilliant infrastructures currently in place to support the implementation of new processes. To most organizations (including law firms), however, sending patent work abroad is a radical departure from what is thought about acceptable practice. The apprehension of these organizations is unquestionable and their concerns are perfectly well-founded; however, the barriers are not insurmountable and ought to be properly understood before any final decisions are made.
Patent Outsourcing Ethical Considerations
The most obtrusive barrier stopping universal acceptance of patent outsourcing is grounded in ethical considerations. While not always purely legal in nature, patent related work ought to always be thought about legal because at the most essential level, patents are in fact legal instruments. Arguably, all activity related to the preparation, prosecution, maintenance, and litigation of patents is legal activity in some capacity, because such activity will ultimately affect the applicants intellectual property rights. As such, attorneys who are involved with outsourcing patent work must be diligent in ensuring ethical obligations are maintained at all times.

CLick here to read the complete article Patent Outsourcing India

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Posted in Patent Law

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