Faq

Which law and regulations govern foreign investment in India? Broadly, foreign investment in India is regulated under the provisions of the Foreign Exchange Management Act, 1999 ("FEMA") and the Foreign Exchange Management (Transfer or Issue of a Security by a Person Resident outside India) Regulations, 2017 framed the reunder. The FEMA was enacted to consolidate......

What are the legal aspects that an author or publisher should be aware of prior to publication of a book in India?India has several laws in place that regulate what content can be written and distributed. These laws establish that publication of certain content could give rise to complaints of a criminal or civil offence. For example, claims such as hurting of rel......

What is the existing framework for data protection in India?Article 21 of the Indian Constitution is a fundamental right that guarantees protection of life and personal liberty.On August 24th, 2017, the Supreme Court in the decision of Justice K.S. Puttaswamy (retd.) &Anr vs. Union of India and Ors held that privacy is a constitutionally protected right which ......

What is a private limited company?There are several different types of legal structures in India such as a private limited company, public limited company, limited liability partnership, sole proprietorship etc.A private limited company refers to an entity which limits the liability of the owner to their respective shareholdings and restricts shareholders from pub......

What is licensing of intellectual property (''IP'')?An owner of IP can grant another person the right or permission to make, use or sell property or items embodying or covered by this IP by means of a contractual license. A license may apply to any type of IP – trademark, patent, copyright, design and/or know-how. Under the license, the licensor maintains title in......

What is the process for getting a patent in India? An Indian patent application goes through the following stages, till grant: Filing: - This stage includes filing the application at the Indian Patent Office and complying with all the formal requirements. Filing a Request for Examination: - A request for examination is required to be filed by th......

Who can file a patent application in India? A patent application can be filed by one or more of the following: True and first inventor Assignee of the inventor, or Legal representative (in case of a deceased inventor) What are the documents and information required for filing a national phase/ convention application in India? The document......

What is the fee payable for a patent application? Following fees are payable for a patent application: Application filing fee Extra claim fee for each claim above 10 Extra page fee for each page above 30 Extra Priority claim fee for each priority claim above 1 Fee for Requesting Examination Can extra claim fee and/or extra sheet fee ......

What are the types of amendments which can be made under the Patents Act? The amendment of the following documents and information is considered permissible under the Patents Act: Document/ information which could be amended When Comments Name, address of applicant/inventor - Anytime during the pendency of application; A documentary evidence ......