LEXIS AND COMPANY

  Trademark Trademark is a branch of intellectual property rights. Intellectual property rights permit people to maintain ownership rights of their innovative product and creative activity. The intellectual property came to light because of the efforts of human labour, so it is limited by a number of charges for the registration and charges for infringement. Types of intellectual property are Trademarks,  Copyright Act ,  Patent Act , and   Designs  Act. Types of Trademark Service mark A service mark is any symbol name, sign, device or word which is intentionally used in trade to recognize and differentiate the services of one provider from others. Service marks do not cover material goods but only the allocation of services. Service marks are used in day to day services : Sponsorship Hotel services Entertainment services Speed reading instruction Management and investment Housing development services A service mark is expected to play a critical role in promoting and selling a product

  Procedure of Patent  Step 1: Write about inventions (idea or concept) with each and every detail. Collect all information about your Invention such as: Field of Invention What does the Invention describe How does it work Benefits of Invention If you worked on the Invention and during the research and development phase, you should have some call lab records which are duly signed with the date by you and the concerned authority. Step 2: It must involve a diagram, drawing and sketch explains the Invention Drawings and drawings should be designed so that the visual work can be better explained with the invention work. They play an important role in patent applications. Step 3: To check whether the Invention is patentable subject or not. Not all inventions can be patentable, as per the Indian Patent Act there are some inventions which have not been declared patentable (inventions are not patentable). Step 4: Patent Discovery The next step will be to find out if your Invention meets al

  Patent law  Patent, is a legal document granted by the government giving an inventor the exclusive right to make, use, and sell an invention for a specified number of years. Patents are also available for significant improvements on previously invented items. The main motto to enact patent law is to encourage inventors to contribute more in their field by awarding them exclusive rights for their inventions. In modern terms, the patent is usually referred to as the right granted to an inventor for his Invention of any new, useful, non-obvious process, machine, article of manufacture, or composition of matter. The word “patent” is referred from a Latin term “patere” which means “to lay open,” i.e. to make available for public inspection What can be patented? Sections 3 and 4 of the Indian Patents Act, 1970 clearly mentioned the exclusions regarding what can be patented in India. There are certain criteria which have to be fulfilled to obtain a patent in India. They are: Patent subject:

  Law and Morality  Law refers to a system of rules and regulations created and implemented by the administrative authorities of the society/nation to regulate human behaviour for the common good. Therefore, it can be stated as a fair and just behaviour rule for the community. In addition, the enforcement of the main body of the rule is carried out through the control agency. Therefore, law refers to the rules and regulations in society that maintain the order and etiquette of a particular social community. Therefore, everyone living in that society or country should abide by and respect the law. As a result, penalties are imposed on those who violate these laws. Difference between law and ethics there are a number of rules and regulations regarding certain aspects of a country or a society. It could be marriage law, infrastructure and traffic law, lifestyle law, financial and economic law, and more. These are created by the state and its institutions. However, these laws are applied w

  General defences   If an act is authorized by any act or statute, then it is not actionable even if it would constitute a tort otherwise. It is a complete defence and the injured party has no remedy except for claiming compensation as may have been provided by the statute. Immunity under statutory authority is not given only for the harm which is obvious but also for the harm which is incidental. When a plaintiff brings an action against the defendant for a tort committed by him, he will be held liable for it, if there exists all the essential ingredients which are required for that wrong. But there are some defences available to him using which he can absolve himself from the liability arising out of the wrong committed. These are known as ‘ General defences ’ in the law of tort.  The defences available are given as follows: Volenti non fit injuria or the defense of ‘Consent’ The wrongdoer is the plaintiff Inevitable accident Act of god Private defense Mistake Necessity Statutory au

  Child Labour Indian Constitution And Child Labour Article 23of Indian Constitution prohibits the trafficking in human beings and forced labour. And Article 24 prohibits the employment of children in factories. It says that No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment. The general understanding was that right secured by Article 24 will hardly be effective in the absence of legislation prohibiting and penalising its violation. However, Supreme Court clearly stated that Article 24 “must operate proprio vigour” even if the prohibition lay down in it is not “followed up by appropriate legislation.”16 In Labourers, Salal Hydro Project v. State of J&K17 it was again held that the employment of children below 14 in construction work violates Article 24. It was noted in M C Mehta v. State of Tamilnadu,18 that menace of child labour was wide spread. Therefore it issued wide ranging directions in the c

  CYBER CRIME AND RECENT DEVELOPMENT  The term "cybercrime" is derived from the root "cyber" in the word "cybernetic," which comes from the Greek "kubernân," which meaning "to lead or govern." The "cyber" environment encompasses all types of digital activities, whether they are carried out through networks or across borders. This replaces the former phrase "computer crime" with "Internet crime," "all digital crime," and "crimes involving telecommunications networks." This more contemporary terminology encompasses a wide range of aspects, resulting in various ways based on the prevailing culture of the experts, making it look either reduced or enlarged, in various dimensions, dealing with new difficulties that reflect its diversity.  LEGISLATIVE MEASURES FOR PREVENTION OF CYBER CRIMES: Statutory Provisions Governing Cyber Defamation in India. The Indian Penal Code, 1860 The Indian Penal C