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IPR

Patenting Computer Related Inventions – Indian Law

Computer Related inventions ( CRIs) occupy a major proportion of applications examined by Patent Offices of various jurisdictions, including India. For instance, as per data hereunder, patents granted in India in the Computer and Electronics field have shown a strong upward trend, and in 2017-18, stood at third position. ( Source : Annual Report, 2017-18 of the Office of Controller General of Patents, Designs, Trademarks and Geographical Indications ) At the same time, CRIs present unique challenges with respect to ;Not only in India but worldwide. A contributory factor has been that the underlying technologies grow very fast with boundaries…
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General

The Missing Comma

The Missing Comma- and what it can cost you ! Sometime ago I wrote about the importance of precise and correct drafting, including correct usage of words. You can find that article at : Or via LinkedIn at: Found an example of what imprecise drafting can lead to. Here , a missing comma cost a company about US Dollars Five Million !! The case is an example of an 'Oxford Comma'. So , firstly what is an 'Oxford Comma' ? It is a comma that precedes "and" or "or" in a list of three or more words in a sentence. For…
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IPR

Confidentiality and Patentability

Confidentiality and Patentability Since the Indian Patent Forum may be visited by inventors wanting to patent their inventions, I am setting out there as well as here in non-legal terms, how important confidentiality is to getting a patent for your invention. While for patent practitioners most of what is set out here would be elementary, this article is directed towards people who are not well-versed with patenting. To start, it is important to understand what exactly is a Patent.   A patent is a 'negative' right granted to you (the inventor or someone the inventor has 'assigned' the invention to) to enable…
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Consumer

Long, Long, Looooong Road to Justice, Indian Ishtyle !

Justice Delayed is Justice Denied ! Justice Delayed is Justice Denied - so said Gladstone, and oft repeated by all the Wise (w0)men ! But there is Law,there are Lawyers and then there is the Complainant who hardly has any knowledge of law,except that he has been wronged and a law exists, hopefully to help him. Here is what happens. An example of a personal experience at a Consumer Court , repeated innumerable times in Indian Courts, I am sure. See carefully the attempts made. So that you can be forewarned what can / may happen in Courts. Who is…
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Consumer

Forgery of Medical Records – what recourse ?

  Medical Negligence - a crime committed behind closed doors, on the uninformed and the unconscious !! By organizations with whole teams of lawyers ready to resort to all tactics to suppress justice opposing complainants generally not aware of even the basics of law, what to talk  of medical jurisprudence !  By those who think they can even commit forgery of medical records and get away - and mostly do ! Because the hapless patient has no recourse ! With others conspiring  to help out their "brothers" !   Yet, in some cases, justice is done. As in this case.…
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Consumer

Ghost Surgery may kill you ! Read on to know what can / does happen, more than you may think !

Ghost Surgery - a despicable crime !  Ghost Surgery - A Crime performed on the unconscious ! Medical Definition of ghost surgery:  the practice of performing surgery on another physician's patient by arrangement with the physician but unknown to the patient. This is a DIRECT, PERSONAL experience, not hearsay, which is ongoing. In case you are / or know  Public Minded Lawyers willing and capable to take this and other similar causes to Supreme Court , let us talk - or share this post with them so that they may contact me direct using form hereunder. In any case I…
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Civil

Recording of Court Proceedings

Not only must Justice be done; it must also be seen to be done .. is oft repeated. And indeed Justice is supposed to be done in public.  Unless decided by the Court to be an " in camera " trial, one can simply visit the Court and watch the proceedings. Even Court Records - submissions by different parties and then the final judgement - is supposed to be Public and accessible to anyone. In Theory. Come the Digital Era then, the logical next step would have been recording of Court proceedings. And indeed the more advanced countries seem to…
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Property

Eleven Months Lease Deeds also need registration !

L:ease Eleven Months Lease Deeds also need registration It is a common misconception that Lease Deeds for a period less than a year need not be registered, per Indian Law for properties in India. Hence, many Landlords and Tenants  proceed accordingly since in the process savings can be made on Stamp Duty. Besides, the time and hassle of going to the Registrar's Office is avoided. The confusion arises since the provisions of the Transfer of Property Act are NOT understood properly since those relevant have to be read ALONG WITH that of the Registration Act The Courts are increasingly clarifying…
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Civil

Loan your cash at your risk – S. 138 may not help you !

Cash Loan your cash at your risk ! So you have a large “unaccounted cash ” lying at home. Unaccounted as in not declared in your Income Tax Returns. You loan it to someone and get a Cheque  from him in return. The Cheque bounces. Can you use the provisions of S. 138 of the Negotiable instruments Act to recover the amount ? The Law says NO ! See : Sanjay Mishra vs Kapoor @ Nikki on 24 February, 2009 ( Bombay High Court decision ) Held : ” The provision of section 138 can not be resorted to for…
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IPR

Your face is – or could be – your fortune !

Your Face is your Fortune ! Your Face is your Fortune ! While the Cosmetics  Industry has been trying to convince us of this for ever since we can recall, even the law says so ! Read on for how you can protect - or make - your fortune ! Any use of an image / photograph without permission can invite privacy suits. Right of Publicity has been held to be a part of Right of privacy. See :  R. RajaGopal v. State of Tamil Nadu, (JT 1994 (6) SC 514) Where held : the first aspect of this right…
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