Thursday, 26 May 2016

The Scope of Corporate Law as a Career Option

Corporate Law Firms in Delhi
It is integral for every individual to have a career goal and have a profession in his/her life. More than often Lawyers are thought of being the lesser fortunate as people assume all they have is a dingy office in the corner of the courtroom and have nothing better to attend to than simply debate over issues. Far from reality, the law profession has undergone a 360 degrees change and has transformed from the myths it was once coupled with. Corporate Law in particular is offering such avenues that many are switching towards the profession entirely.

Corporate Law usually refers to the interaction between employees, directors, shareholders, vendors, creditors, customers and many more. It focuses on interactions made in the corporate community and largely a part of huge corporate companies and is closely related to commercial law and contracts. It ideally deals with operations and smooth running of an organisation. A corporate lawyer usually is appointed by companies and corporate houses where he/she will have to represent every entity pertaining to joint ventures, associations, sole proprietorships, partnerships and corporations. An individual who might be driven towards problem solving especially when it concerns business and its dealings will enjoy being a corporate lawyer and take it up as a full time profession.

A corporate lawyer’s work involves providing valuable advice to numerous issues that are related to the company and he/she needs to be extremely knowledgeable on the accounts of bankruptcy, tax laws, security laws, intellectual property rights, contracts and more.

·        Securities Law: Securities law is an extremely intricate area that almost always requires the services of a specialist. Lawyers who acquire this specialty are involved with the formation, organization, and financing of corporations through securities such as stock, as well as mergers, acquisitions, and corporate takeovers.

·  Intellectual Property law: This involves knowledge of and application of laws governing copyrights, patents, trademarks and trade secrets. Intellectual Property law focuses on protecting the rights of inventors, authors, and businesses to their tangible and intangible creations, inventions and symbols.  Legal professionals in this field are often experts in a particular domain, such as science, the arts, or an industry.

·  Real Estate Law: Real Estate law involves land or construction ownership, development, litigation, tenant rights, or landlord disputes. Attorneys in this field may work on residential or commercial transactions, review contracts, or work in planning and other government offices.

·  Competition Law: Competition law is a law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. Competition lawyers work on ad-hoc queries advising clients on trading and compliance matters. Lawyers who work in this area of practice also defend companies accused of price fixing in secret cartels.

·  Bankruptcy Law: Bankruptcy lawyers help you file for bankruptcy to help you get out of debt.  There are different subsets of bankruptcy lawyers who represent the debtor (the person or company filing for bankruptcy) and the creditor (the ones who are owed money by the debtor and are trying to recover as much of their money as possible during the bankruptcy).  There are also lawyers who specialize in different types of bankruptcy.

·  Merger and Acquisition Law: A merger or acquisition is a combination of two companies where one corporation is completely absorbed by another corporation. The less important company loses its identity and becomes part of the more important corporation, which retains its identity. Federal and state laws regulate mergers and acquisitions.

·  Tax Laws: Tax law is a dynamic field that deals with domestic and international transactions. It is an area of specialist study. It covers the rules, policies and laws that oversee the tax process, which involves charges on estates, transactions, property, income, licenses and more by the government. Tax law specialists are often employed in consultative roles, and may also be involved in litigation. 

Ideally an educational qualification is not the only requirement for a corporate lawyer, he/she needs to acquire certain skills that will not only benefit for a case or two but lifelong. And interning with a well established law firm will be fruitful as learning the skills and tricks of the trade at an initial stage from superiors and experienced mentors are a step higher on the ladder to success. 


Best Law Firms in Delhi. Maheshwariandco.com is one of the Leading Law Firms in New Delhi, India. We provide corporate, immigration, IT, Real Estate, Family, Divorce Legal advice etc. Please visit: www.maheshwariandco.com

Monday, 16 May 2016

The Need for Intellectual Property Rights in the Start-Ups Domain

Intellectual Property Rights

A lot of research, creativity and time go into coming up with a new product or service, its logo or tagline and even a company name to begin a business. Much hype is emerging in the start-up zone about Intellectual Property Rights and why is it so essential. Start-ups lack knowledge and usually tend to overlook the importance of Intellectual Property Rights until it is too late. Some Intellectual Property Rights if not registered at the right time can become a huge loss to a business enterprise and the chance to get them registered would be lost forever. Start-ups need to be educated on the importance of Intellectual Property Rights and how it could become a business asset for them.

First of all, let us enlighten you with what Intellectual Property (IP) Rights mean and what are its most common types.

IP refers to the endless creative ideas and invention a mind comes up with, it can be any work of art, a name, a logo, a symbol, literal work, lyrics to a song or even its tune. Any form of creative work or invention that one truly owns and gets registered  in his/her name is part of Intellectual Property Right and the creator is bound to benefit out of the registered matter or idea if someone else wants to use it. Every country has laws to protect Intellectual Property and have country specific or even international acceptance to the registered article or idea. For a start-up it is essential to know what the types of IP are.


Types of Intellectual Property:

What Does It Mean:

Time Span:

Copyrights

The exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material.

One gets a 50 year protection worldwide over the lifetime of the creator.

Patents

A government authority or licence conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention.

One gets a 20 year protection in the country of filing.

Trademarks

A symbol, word, or words legally registered or established by use as representing a company or product.

One gets 10 years of protection in the country of filing and can renew it every 10 years.


Designs

A plan or drawing produced to show the look and function or workings of a building, garment, or other object before it is made.
One gets 10 years of protection in the country of filing and can renew it every 5 years.


Intellectual Property Rights are beneficial in many ways and a start-ups ought to know the importance of these rights while launching their work.

·         These rights act as a protection from those who want to replicate the product or logo of a company and profit out of someone else’s invention or idea.
·         It secures the business or company name by legitimatising each product and a consumer benefits as well if he buys the product from a certified or authenticated dealership only. For example if a buyer buys a replicated phone from an uncertified source simply because it looks like an iPhone, he cannot go to the consumer court if it gets spoilt.
·         It is a boon as per an investor’s point of view as well and a business would have more leverage if their rights are properly registered.

Whoever said, Precaution is better than Cure, had not known how apt it would sound one day for the IP Rights domain. However knowing the benefits of IP are not enough for start-ups these days, they also need to know what they should avoid since a small mistake might end up costing them millions.

1.     Do not wait long to register your invention, name, logo or idea. Like every perishable item, an idea or a creation too has a shelf life especially when you may be looking at marketing a website or product into the e-commerce world.

2.     Do not believe that IP is irrelevant and not useful, for example if your product or invention clicks to the world and becomes famous then marking a patent will be tough and probably even impossible to register.

3.     Do not try becoming ‘Jack of all trades, it is best that you contact an experienced lawyer who deals in IP law, who guides you with right information about IP rights and also registers them for you.

Each and every business needs to understand the importance of Intellectual Property rights and the protection it provides. The main goal of any business venture who believes in making a success out of whatever they strive to do or invent will definitely understand the significance of Intellectual Property rights and will find the need to ensure that it has a secure future in today’s world.


Maheshwari and Co. is amongst theleading IP law firms in Delhi and India. We deal in Patents, Trade Marks, Copyrights, Designs and Trade Secrets and various other area of IPR law.

Friday, 13 May 2016

What are the Essential Guidelines for a Patent Disclosure in India

patent registration in India

Most patent law firms emphasize on getting work of art that you do believe has market value and a potential to seek success patented as soon as possible. Why they believe in registering a patent for your creative work is because ideas and products can easily be misused or replicated and after it has been done you cannot take a legal action against the ones who have stolen the idea or design. To lessen the risk and have a safer growth in your respective industry in India, one should look at the procedure of registering a patent in India.  Here are few tips that a leading patent law firm in India suggests you keep in mind while drafting a disclosure:
Do a market research and analyse your product or idea. A patent process is expensive for an individual who is doing it single-handedly, so he/she needs to be certain of the market viability of the product or service that needs the patent. After all the research that one conducts and still feels the need to get the invention patented then the individual needs to prepare the disclosure document.
The document will include certain facts about the invention:
  • The industry where the invention is meant to start base
  • A brief description about the invention which will include merits that may also include the problems the invention can solve in future.
  • You do need to mention if your invention or product already has an existing competitor.
  • A few words on why your product or invention is different from the others.
  • Few points about the various features of the invention is also required.
Make sure that a public patent disclosure that is similar to your invention is not in process already as that will jeopardize yours since a patent application that has already been displayed at a public event or published cannot be filed by another party. The Patent Law provides a grace period to the application filed for about 12 months from the date of its publication or any public appearance made at an exhibit.

Monday, 25 April 2016

Tips to Look-up A Trademark in India



Intellectual Property in India has rapidly gained popularity and is an essential part to safeguard every brand’s identity. Many of the top IP law firms in Delhi, India, describe in detail various benefits of searching for a Trademark much in advance so that it does not hamper establishing a brand name that already exists.  Every consumer associates a symbol or a brand name with the brand and slowly and steadily a brand image is embedded in the minds of the target audience. A swoosh symbol automatically talks about the brand Nike or the leaping jaguar makes one think about the Jaguar car manufacturer. All these trademarks, be it a logo or a slogan, a sound or even a smell, signify marks of a brand name. Intellectual Property Rights India have made a database where an upcoming brand can look up trademarks and that too free of cost. The record is maintained by the Comptroller General of Patent Designs and Trademarks and ensures that an individual is updated with not just trademarks that are running but also the ones that have expired their tenure. In addition to that, the database also pulls up record of the trademarks that have been opposed  or an objection has been put upon them. 

How to run a search for trademarks in India is pretty easy and does not need major expertise. All one needs to do is open up the website http://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx to start the search. 

1. Before you begin typing out the word or words you intend to register, pick a word-mark whichever suits you best, 'Starts With' or 'Contains'.

2. The search outcome will show whether there are existing registrations in the same name. If there is one present, then all you need to do is click on it to view its status. If at all it has been taken or objected upon or even applied for then you need to look for other options.

3. Just in case the name is still available and not been taken, then ideally you should double check it again through phonetic similarities. In order to run this feature, you have to choose from the drop-down at the top of the page. It is not totally accurate but does give a fair assurance that a trademark can be accepted.

If at all your brand name has already been registered to someone then do not loose heart. You could go ahead and check what class it has been put under. If it does not fall under the same class as yours then you might get lucky in getting an approval for it. Unless and until a brand is way too huge, for instance the McDonald’s symbol, your application might get registered. Do look at options of a composite mark as well. So that your registration is made within a logo, and is a little unique from the one that creating complications for you.

Sunday, 13 March 2016

Intellectual Property Right New Prospect for Law Firms In Delhi

IPR Law Firms in India
Many law firms in Delhi have noticed that there is ample opportunity to tap in the Intellectual Property Rights (IPR) that newly formed start-ups are in dire need of. New ventures are at great risk from competitors and impersonators as every innovation and an idea that clicks with the masses get stolen very easily. Maheshwari & Co. is a leading law firms in India and has come up with great ideas to help fresh entrepreneurs and established business enterprises by offering guidance and setting awareness about IPR at each of their offices. Many start-ups seek protection as their ideas and inventions are remarkable and hold a lot of value, and even researchers have noted that the start-up culture will double its existence in the coming years.

IPR as it is popularly known, is very essential and is globally recognized. When questioned why it is so important to get Intellectual Property Rights, here is what Maheswari & Co. shed light upon:
•    If an individual has the ability to create a spectacular product or has an idea that can profit him/her then it needs a certain clause that no one can take away from him/her without prior permission.
•    If the idea or product becomes famous, then IPR safeguards the recognition along with it for inventor benefit.
•    It ensures that if an idea or product is stolen then the inventor can prove in the court of law and sue the culprit.
•    It also ensures the originality and novelty of the product, service or idea.

Business models and the ideology behind it can be part of IPR’s protection. From books to articles, cloth patterns to entire dresses, anything can be a part of IPR and getting those articles or ideas registered are bound to help in the long run as you may never know that an idea that came to your mind ten years back will be a rage today.

Thursday, 14 January 2016

Responsibilities of an Idea Immigration Lawyer in a Corporate Office

Usually an immigration lawyer is seen working beside a Human Resource (HR) professional in large corporate firms. These immigration attorneys are appointed to handle matters pertaining to Immigration related issues of employees, foreign workers and the employer. To make certain that everyone’s responsibilities are performed as per the company’s requirement even the Immigration attorneys have a list of duties that they need to look into and perform in accordance to them. Here are few of the practices they need to keep in mind in a corporate office:

·         In order to have lesser hassles about information and documents that are usually required by HR and Immigration, an Immigration lawyer should draft a standard questionnaire that includes an entire list of documents that could be required along with a separate space to mention problems or issues that an employee might be facing. This kind of form will solve the problem of two departments and always remain handy for future references.

·         Well drafted handouts should be made that include relevant information and updated news and rules about Immigration Law Firms in Delhi and ideally should be handed down to every foreign origin employee since this handout will give them regular updates just in case they might need it at any point of time.

·         An Immigration Lawyer should work with the Human Resource professional as a team and create a handbook that includes matter on Immigration issues since not only will it help them identify an issue, find its solution and bring it to notice but also help answering several questions and giving feedback for the Immigration division.

·         There are times that an Immigration Lawyer might face an issue that may not be an everyday affair and be one-of-a-kind situation, the attorney should be well versed with the law and can be creative while finding a solution for the problem.

·         Immigration matters need quick service and ideally should not be prolonged, an Immigration Lawyer needs to be quick on his feet and do his job thinking about a future and keeping practical deadlines in mind since Immigration Laws are such that if a lawyer is late at registering few papers an employee can get deported for no fault of his/her or even turn into an overstayed worker.

·         While hiring an Immigration Lawyer it is assured that the lawyer will be representing the company however in case there comes an issue where there might be a dual representation between the employer and employee, then an Immigration Lawyer needs to make sure that he has cleared with both the parties the employer will have the right to know of information that has been provided by the employee.


For seeking the Immigration Law Firms in India possible for Corporate, Law Firms in Delhi for Internship contact: www.maheshwariandco.com

Thursday, 7 January 2016

How to Find a Right Aid: Tips on Choosing a Good Divorce Lawyer

Divorces and separations between married couples can be a heart-rending experience that one may ever go through and a lot more when it is not on an amicable basis. Usually when it is not mutually resolved and applied for it is best to take professional advice from divorce attorneys and be on the right track while the divorce does not come through with whichever terms you have made and need to be taken care of. If you have never had the chance of coming across a good divorce attorney then it might seem like a grue ling task to find one. The essential characteristic to find a good divorce attorney is someone who is experienced and very well versed with Family Law Firms in Delhi. Family Law basically involves all matters pertaining to a family life, so be it marriages or divorces, adoptions or child custodies, Family Law sees to all that. The best way to find a good lawyer is through research, personal visits with lawyers and consulting friends and family.

There are few qualities one should keep in mind while selecting a divorce attorney, some of them are:

·         Experience: One should always consider the number of years an attorney has spent in the field of Family Law firms in India, taking into account his/her past experience so that you know he/she is clear about what issues would be there to deal with.

·         Reference: It is important that whichever attorney you visit, you inquire about their previous clients. Some attorneys would give a free consultation for the first time and some might charge a nominal fee. It is necessary you take out as much information since you will be taking a decision on the basis of your first visit. While taking down a reference or discussing past experiences, try not to indulge into asking about the winning or losing streak, Family Law is not entirely a battle. Getting a mutually agreed upon decision is considered a win too. However, there will always be a side that might expect more but did not get the desired result, which cannot be claimed as a case lost.  

·         Budget: One of the most important points is to clear matters about charges and case fees. With much experience and a good success rate, lawyers are bound to charge a hefty amount. You need to be clear who you take on and whether you can afford their services.

·         Availability: A divorce cases can stretch for years if need be and there are times you need to make sure that you appointed lawyer is available. Spending a huge amount of money, going through the stresses of a divorce and trying to find an outcome are more than enough to handle than adding an additional worry of whether the lawyer has time answer your call or advise you on urgent matters or not.