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IPR

Amendment to Patent Rules-2018

Indian Patent Rules Amendment - Dec. 2018 The Indian Patent Office has announced draft rules to amend Patent Rules 2003. The Complete Notification is hereunder: Partial Word Extract of amendment to Rules   1172(E).—The following draft rules to further amend the Patents Rules, 2003 which the Central Government proposes to make in exercise of the powers conferred by section 159 of the Patents Act, 1970, are hereby published as required by sub-section (3) of the said section for the information of all persons likely to be affected thereby, and notice is hereby given that the said draft rules will be…
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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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Family

Bigamy – the legal provisions

  Bigamy Is Having One Spouse Too Many. Monogamy Is the Same :-) Jokes aside, bigamy is a serious matter , legally. So if you are affected ( or considering ;- ) ) it will be helpful for you to read on ! There is NO bar in customary Hindu Law to a man entering second marriage. However, the customary law was codified by the enactment of the Hindu Marriage Act in 1956, which declared  a second marriage ‘void ‘during the subsistence of the first one. So, AFTER 1956, second marriages could be considered illegal. Bigamy is both an offence…
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