Legal Archives - Page 3 of 3 - Business , Financial & Legal Consultant In India

December 14, 2018

What is Committee of Creditors under Insolvency and Bankruptcy Code

When any person finds himself or herself unable to repay the Debt then they owe to the Financial or Operational Creditors, and then that person who is owing money is deemed to be insolvent.

However from being insolvent to insolvency Resolution is not that easy, there are multiple factors that play a major role and one of the major role is played by the Committee of Creditors.

Section 9 and Company of Creditors

Once there is no positive solution for Section 8 Demand Notice, the Operational financial creditors can file a petition to NCLT to start the process of Insolvency Procedure.

The Committee of Creditors will the decide whether to keep or pursue with that Resolution Professional or not.

The Final approval of the Insolvency Resolution plan is subjective voting percentage from the Committee of Creditors. In Insolvency and Bankruptcy Code the collective decision of the 75% of the committee was taken into account whereas it has now reduced to 66%.

Committee of Creditors: The Definition

Committee of Creditors is a committee consists of a representative of Financial/ Operational creditors to whom Corporate debtors owes a Debt to. The purpose of Committee of Creditors is as follows:-

Making decisions in the routine tasks associated with corporate Insolvency Resolution Process.
Approving or rejecting the Insolvency Resolution Plan.
Deciding upon the liquidation of the Corporate Debtor.

The Creditor of the committee is mostly comprised of Financial creditors rather than operational Creditors.

Searching for lawyers in case of Bankruptcy . Contact BIATLegal .

November 29, 2018

How to protect Trademark Internationally

If any person wants to register their mark in abroad or you are thinking for worldwide expansion then he can consult his lawyer or his agents to get it registered. And every Application for Trademark is applied individually in that Country’s IP Office. Applying in a different Country is a quite tricky process and that is why World Intellectual Property Organization (WIPO) have given Sorted solution for that and i.e. Filing of Trademark through Madrid Protocol through which Trademark can be applied in several countries through a single Application.

What is Madrid System

It is basically an Agreement which is signed by several countries (At present t has 97 member countries). By filing single Application Trademark can be filed in these several countries. By filing of a single Application status of your Trademark in each country can be tracked and managed centrally through the WIPO Site. without Madrid System international Trademark process is quite tricky and lengthy.

An Application will be moved from the country of origin only. And costing is given on the WIPO website. Fee Calculator is there on the WIPO website to tell the fees for applying for Madrid. It depends on the number of countries you are applying for and accordingly fees is charged. It takes 15 to 18 months to get it registered and can be renewed after every 10 years.

Therefore for Trademark application it is advisable to seek suggestion from the trademark attorney and after proper consultation only applies for Trademark filing by the way of Madrid System.

November 26, 2018November 26, 2018

How to apply for Copyright Protection in India?

For registering Copyright Registration in India an Applicant must file online Application with the Copyright office. The Applicant must consist of relevant information and shall be filed along with the prescribed fees and documents.

Copyright is a kind of Intellectual Property Rights and it helps to protect the creation of the creator of literary, dramatic, musical, artistic and Cinematographic work. Copyright in India is governed by Copyright Act, 1957 along with the Copyright rules, 2013.

Step by Step procedure for Copyright protection in India-

To begin with the procedure of Copyright Registration in India an applicant must must create his user id on the official portal of Copyright by filing his basic details.
After the successful registration the applicant must login to the official portal for Copyright.
Then after logging in screen will appear in which option for E-filing will appear.
Then finally the Copyright Registration form is required to be filled up in four parts as specified below and and after completing each step the next button must be pressed i.e. form XIV must be filled by the Applicant and submitted and move on to the next step.
Then an Applicant is required to complete the particulars mentioned in this form and then press save button. In this the details about the creation must be filled like nature, description, class of work etc.

November 25, 2018

What Is Procedure Of Copywriting A Song In India ?

Once a song is made it is very important to copyright the same as soon as possible in order to protect it from infringement. In this blog we will discuss about how to copyright a song.

Copyright Registration In India is an intellectual property right provided by the law of creators of literary, dramatic, Musical or Artistic Work and producers of Cinematographic films and sound recording.

Documents required for Copyright a song

For making an application for songs Copyright, the NOC of Author, Publisher, Composer/ Producer and all other persons involved under creation of song is required to be submitted.
Two original and identical copies of the work.

The procedure of songs Copyright in India

Filing the Application- First step in the process of copyright registration of a song, an application is to be filed through a Copyright Government portal. An application can either be filed by the Applicant himself or by the person authorised by him. In Application form the details should be filled properly and is to be filed by giving prescribed fees. After submitting the application number, a Diary number is generated.

Formality check fail- Formality check is done to ensure that the basic requirement of 2 copies of work, and the complete form XIV Power of Attorney are completed. If the application fails on formality check then letter is sent to the Address to service for asking to furnish the necessary requirement issued to the Applicant.

Waiting Period- If the application is passed from second stage without any objection then it will be kept open or will be kept open for receiving any kind of objection from the person who claims or has any interest in the subject matter of the Copyright for the period of 30 days. If no objection is raised between that period then the application will be processed further on the first come first basis.

Hearing- In case any objection is raised on the Copyright applied, then the notice is issued to both the Parties. After receiving the notice, then hearing will be scheduled by the Registrar. In hearing both the parties will be given chance to speak on their part, and then if application is accepted then the it will be processed further.

Registration Granted- Finally the application passed to the Registrar, if Registrar will be satisfied then the Copyright registration certificate will be granted and if not satisfied then the Application will be rejected.

So want to copyright a song in India ? Contact BIATConsultant now

July 27, 2018

What Does Copyright Protect?

Copyright is a form of Intellectual property Rights which gives protection to original work of authorship including literary, dramatic, musical, and Artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operations, although it may protect the way these things are expressed. You can refer circular 1, copyright basics, section “what works are protected”.

Can I Copyright My Website?
The original authorship appearing on the authorship can be protected under Copyright. This includes writing, artwork, photographs, and other forms of authorship protected by the copyright. Procedures for registering the contents of a website may be found in circular 66, copyright registration of website and website content.

Can I Copyright My Domain Name?
Copyright law does not protect domain names. The internet corporations for Assigned names and numbers (ICANN), a non-profit Organization that has assumed the responsibility for domain name system management, administers the assigning of domain names through accredited registers.

How Do I Protect My Recipe?
A mere listing of ingredients cannot be protected under copyright law. however, where a recipe or formula is accompanied by substantial literary expression in the form of an explanations and directions, or when there is a collection of recipes as in a cookbook, there may be a basis of copyright protection. Note If you have some secret ingredient in your
recipe then you should not give that recipe for registration as applications and deposit copies are public records.

Can I Copyright The Name Of A Brand?
Brand names are not subject to copyright, although brand names gets protection under Trademark Law.

How Do I Copyright My Idea?
Idea, concept, systems, or methods of doing something cannot be protected under copyright law. You may express your ideas or your concept in writing then you might get protection under copyright law.

Does My Work Have To Be Published To Be Protected?
Publication is not necessary for copyright protection.

How Can I Protect My Sighting Of Elvis?
Copyright law does not protect sightings. However, copyright law will protect your photo, of your sighting of Elvis. File your claim to copyright online by means of Electronic Copyright Office. Pay the fees online and attach a copy of your photo. No one can lawfully use of your photo of your sighting, although someone else can file his own photo of his sighting.
Copyright law protects the original photograph, not the subject of the photograph.

Does Copyright Protects Architecture?
Yes Architecture work is subject to protection under copyright law since December 1, 1990. The copyright law defines Architectural work as “ the design of a building embodied in any tangible medium of expression, including a building, architectural plans, or drawings”.
Copyright protection extends to any architectural work created on or after December 1, 1990.
Also any Architectural work that were unconstructed and embodied in unpublished plans or drawings on that date and were constructed by December 31, 2002, are eligible for protection.

Can I Get Star Named After Me And Claim Copyright To It?
No, there is a lot of misunderstanding about it. Names are not protected by copyright. Publishers of works such as a star registry may register a claim to copyright In the text of the volume or book, containing the names, the registry has assigned to stars, and perhaps the compilation of data, but such a registration would not extend protection to a any other individual star names appearing therein. Copyright registration of such a volume of star
names does not confer any official or governmental status of any of the star names included in the volume. For further information on copyright protection and names, see circular 33, works not protected by copyright.

BIATConsultant is legal consultant who can provide you expert advice together with aids in copywriting you of any things as required by our expert team of legal experts .