Confused about rights of your intellectual property??

Intellectual Property Rights:-

Intellectual property rights are the legal rights provided to a person for his creation of the intellect. A monopoly will be assigned to the owner for his or her creation legally. Legal rights are allowed to a person for any invention or discovery, any creative or artistic works, phrases and symbols, literary work or words, designs for a specified period of time etc. By this law, owners have the privilege to use their property without any disturbance and can prevent the misuse of their property. In India, Intellectual Property is ruled under the Copyright Act, 1957; Patents Act,1970; Trade Marks Act, 1999; Designs Act, 2001, etc.

Intellectual property rights include Trademarks, Trade Secrets, Copyrights, Patents, Industrial Designs, Layout Designs of Integrated Circuits and Geographical Indications. The inventor of any invention, or a literary or a mark or creative work consumes money and time for creating the Intellectual Property. So they should also be allowed for certain rights like claiming remedies for the infringement, exclusive use of their invention or etc.

Patent:-

If a person made a new invention in any field, it is important to protect the invention from getting exploited by anybody other than that inventor. It is possible by obtaining a patent for that invention to the inventor. Patent allows exclusive right to the patent holder so that the inventor can utilize his invention and can move legally against anyone who uses his invention without permission.

A patent allows the right to stop others from selling, manufacturing, copying and importing the invention without the patent holder’s permission. The patent also grants licensing the invention to someone else but retaining all the Intellectual Property Rights, selling the invention and all the Intellectual Property (IP) rights, discussing the invention with others in order to set up a business with reference to that invention.

Trademarks:-

Legally registered or established sign will enable to distinguish the goods and services of the trademark holder from competitors. It can be logos, words or a combination of both. A trademark may be registered or unregistered. Registering a trademark provides exclusive legal rights to trademark holders to use the mark to his goods and services. Symbol ® can be used as registered trademark and no other parties can use this symbol other than the trademark holder.

If people use registered trademark without permission of holders, it is an offence and allows the police to take criminal charges against counterfeiters. The registered trademark is the property of trademark holders and they can sell it, or let other people have a license that allows them to use it.

Unregistered trademark holders can also protect their rights by the common law action of passing. But they must be able to prove that the trademark belongs to him.

Copy right:-

Copyright is a legal right that allows the creator of original work for exclusive rights for its use and distribution for a limited period of time. The exclusive rights are not complete, but limited by limitations and exceptions to copyright law, including fair use. Copyright protects the original expression of idea not underlying ideas themselves. Copyright is applicable to certain creative works. If the owner is getting work done or developed through third parties, the owner will get copyright over such work only if the owner has a contract or agreement clearly assigning such rights in the owner’s favor.

Trade Secrets:-

Trade secrets are extremely valuable for the company’s growth and survival. A business must ensure that they adequately protect their business process and know how to keep confidential information from competitors. A trade secret is any confidential business information which provides a competitive edge in business. The unapproved use of such information by persons other than the holder is regarded as an unfair practice and a violation of the trade secret.

Intellectual property Infringement:-

Intellectual property infringement is a breach of intellectual property rights i.e, infringed when a work which is protected by intellectual property right copied or exploited without having proper permission from the person who owns the right.

Patent Infringement:-

A patented product can be used after seeking permission from the owner. The permission will be granted in the form of license. Patent infringement is the act of consuming a patented invention without consent of the patent holder. Persons involved in making, using, selling, distributing, importing or offering any of the above may be held liable for infringement.

Patent Infringement Remedies:-

A court can order the infringer to stop making use of the patented invention by issuing an injunction. A suit for infringement of a patent has to be filled in district court or high court. Only the High Court has the jurisdiction to entertain the matter when a counterclaim for revocation has been filed against the same. But when the patent expires, any party is free to make use of the product.

Trading Infringement:-

Trademark infringement is the unapproved use of the trademark or service mark by a person other than the trademark owner and it's used on competitive product or services.     

Trademark Infringement Remedies:-

There are two types of remedies are available for unauthorized use of trademarks. These remedies are an action for passing off in the case of an unregistered trademark and an action for infringement in case of a registered trademark. Both are quite different from each other. An infringement action is a statutory remedy and an action for passing off is a common law remedy. The proprietors of the trademark and licensed users can initiate criminal prosecution against the infringers. Criminal remedies available for the offence and suit for the offence can be filed before the magistrate within whose territorial jurisdiction the offence is committed or the Police can register an FIR and prosecute directly. In addition requisition of goods and machinery, the Code of Criminal Procedure, 1973, also provides for the imprisonment starting from six months, which can be extended to three years or a fine of Rs. Fifty thousand to two lakhs or both.

Copyright Infringement:-

Copyright infringement is the use of work protected by copyright law without the permission. It violates one of the copyright owner’s exclusive rights, such as the right to reproduce or perform the copyrighted work or to make derivative works.

Copyright Infringement Remedies:-

A suit for copyright infringement can fill in a District Court or a High Court. The suit has to be filled within whose territorial jurisdiction the cause of action has arisen. Copyright infringement is a non bailable offence and it is punishable with an imprisonment of six months, which can be extended to three years or a fine not less than fifty thousand which can be extended to two lakes.  Civil remedies imply that the injunctions against future violations, civil raids & seizures, delivery up/ discovery of infringing material / documents, damages or accounts of profits. Administrative Remedies available to the copyright, trademark and patent which include bans on the import or export of goods including protection of patents, delivery to the owner and Restrictions against parallel importation of goods and trademarks and copyrights confiscation of infringing material by Excise Authorities.

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Need for Apartment Association & Resident Welfare Organization!!!

Apartment Association:-

An Apartment Owners Association (AOA) is a supremacy that secures the rights of the apartment owners, keeps the facility in the apartment and works for the welfare of the residents of the apartments by conducting events or awareness programs.

Apartment associations in India are established by a voluntary association of the owners of a particular apartment in India.

Apartment association is not to gain or a profit organization, but purely to take the best care of the residents of the apartment and intercept them from suffering any discomfort.

Registering of Apartment Association is not necessary, but it is necessary for getting any legal help easily. If we approach a court for such small issues it might take several months or even years to sort out such disputes as the court will be dealing with many other bigger disputes to take care off. A registered apartment owner’s welfare association will help work as an arbitrator and helps in resolving the dispute without any legal interference.

Aside from central laws like the Apartment Association Act and the Societies Registration Act, there are local legislations in different cities. You would have to form the apartment owners association under the local legislations.

Key points to remember while forming Apartment owners association:-  

• For forming an association minimum of 7 members are required. Out of these 7 members need to be appointed as office bearers and others to make sure that the Association is managed properly. The office bearers are responsible for the rest of the Association and to the members of the Apartment as a whole.
• A memorandum has to be created and the memorandum should contain the objectives and the name of the society, addresses and occupations of each and every member of the Association. This is for clarity in the operation of the organization.
• The bylaws or the rules control the conduct of the affairs of the society will be made. These byelaws are critical in the management of the society. The memorandum and the bylaws have to be printed or typewritten and have to be signed by the members.
• The memorandum and the bylaws will be filed with the registrar of the societies perturbed by a member of the committee of the society. Regular updates to help prevent any questions being raised as to the correctness of the operations of the society.

The memorandum and bye-laws of an apartment association are important to the operation of the Association. Make sure that the association creates these documents with due care and caution.

Ensure that all members of the apartment association are informed of the existence of the association and the maintenance charges payable, if any. Most discourse arises due to the residents are not made aware of the rules and charges. The association meetings and activities should be conducted regularly.

Resident Welfare Organization:-

A Resident Welfare Organization (RWA) is the registered group of residents of a certain locality. RWA is organized to develop the particular locality only. The functioning area of a Resident Welfare Organization (RWA) is very limited, not even a complete state. In most cases a Resident Welfare Organization (RWA) functions only within a small defined residential area

For a new residential area a registered Resident Welfare Organization (RWA) is very important to association with government on behalf of all residents. A productive and well organized Resident Welfare Organization (RWA) is necessary to have a proper garbage disposal, security, utility services and other services.

What are the benefits of registering an Apartment Society? :-

• The registered society can easily initiate the legal proceedings. The Society can sue or be sued in its own name.
• The process of imposing healing measures for defaults and other actions of defaulting or erring members is also well set and will ease the obtaining of interim measures without waiting for formalities to be completed.  
• It is easy for Opening a bank account and other bank operations.
• Tax formalities are also easy with registered apartment society.
• A registered Apartment Society has to audit file and various records mandatory. This will be helpful in maintaining clarity of the affairs of the Society. This will also serve as a back up and can be extremely helpful in handling long pending matters or matters where reference has to be made to the earlier bye-laws or records.

To know more about registration of apartment association or welfare society or For any online legal consultation from the best lawyer, visit the biggest online legal solution www.licit.ooo or can download the app https://goo.gl/L8GeYk

Submit Proof for your HRA exemption Claims: Says IT dept.

 For all who out there claiming tax deduction on Fake HRA, you have a bad news! The Income tax  department has decided to change the rule and make it tough from now on.

The tax sake on HRA is accessible only to a salaried individual who has the HRA component as part of his salary structure and is staying in a rented housing. HRA can be moderately or fully free from taxes. Self-employed professionals cannot claim the deduction. 

The tax reduction on HRA is the amount that is the base under these three options:

1.         Actual HRA that you get;

2.         50 per cent of your basic salary and dearness allowance if you are living in a      metro. It is 40 per cent if you are living in a non-metro city

3.         Actual rent paid by you is 10 per cent of the salary.

Pan card is mandatory if they paid more than 8,333 /- per month. This permits the taxman to examine if your landlord has given the details of the income from house rent in his/her tax return.

For almost every employee, HRA is a common component of their salary. HRA is part of salary but it is not entirely taxable like basic salary. Depends on certain conditions, a part of HRA gets exempted under Section 10 (13A) of the Income-tax Act.

Section 10 (13A) of the Income-tax Act:-

Section 10(13A) of the Income Tax Act provides for indemnity on HRA. The Income Tax Act exempts a part of HRA under section 10(13A) read with 2A, with some specific conditions. In which city the Assesse is living will also define the amount of exemption eligible under section 10(13A). There is also a special exemption HRA clause for Supreme Court and High Court Judges. Section 10(13A) of the Income Tax Act is very prominent distribution among the salaried employees.

Producing Fake receipts for HRA reduction:-

Many of tax payers used to produce fake rent receipt for getting HRA for tax reduction. There may soon be unpleasantness for those who have been producing fake rent receipts to save income tax.

Fake receipts won’t help reducing tax burden. For as long as anyone can fabricate fraud receipts such as fake property rent receipt, often from parents and relatives, has been an easy way to reduce tax burden. This ignorance for tax rule failed to notice by employers as well as taxman. This could be a major offence from now on.

The income tax department has a now a good reason for demanding on proof from the tax payer showing that he is really a genuine tenant, staying in property is question.  A tax payer who receives rent allowance from employer could make a relief of 60% on tax by generating sham rent receipt.

According to a current board of ruling, the assessing officer can now request for letter to the housing co-operative society informing about the tenancy, leave and license agreement, electricity bill, water bill etc. as proof in granting a lower taxable income as enumerated by a salaried employee.  

There are some norms put forward by the income tax appellate tribunal for the assessing officer to contemplate the claim of salaried employees if required question its basis. It imposes more responsibility on salaried employees to follow the rules for getting the tax rebate. If a person submits a fake receipt, then he doesn’t have any required documents. There may not be an actual rent flow from the person who staying in his own home. If he is an actual tenant the rate mentioned in receipt may more than he actually paid. This will not create a problem if the person accepting the rent is outside the tax net. The person claims to pay rent to a relative owning property; But he staying individually in same city. There are assorted occasion where the person may be staying individually but; or, one of member of the family claiming a loan repayment subtraction while another submitting a false rent receipt to evade tax.

In the annual budget of this year, the Finance Minister had suggested that those who are claiming a House Rent Allowance (HRA) of more than Rs 50,000 per month will have to reduce tax at source at the rate of five per cent.

The TDS will have to be deducted on the last month of the year in which rent is paid or last month of tenancy

From Government view this amendment would make sure that there are no revenue loses on account of such rental income. This will also demoralize people who were claiming the HRA deduction fraudulently quoting wrong Permanent Account Number (PAN) of the landlord. Quoting PAN of the landlord was mandatory in case the rent paid during the year was more than one lakh a year.

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Labour Migration and their Legal Implications in India!!!

Labour migration refers to the movement of individuals from one place to another for the purpose of work. In this, it includes crossing the boundary of a political or administrative unit for a certain time period.

Labour migrants face a number of challenges at their destination regardless of the duration of their stay. Some of these challenges usually an immigrant faces are long working hours, poor living or working condition, social isolation, political prohibition of poor access to basic facility, social prerogative, housing etc. Migration affects labour market at the place of origin. It also affects household and community levels by changes in relation. In the field of income, expenditure patterns and investment are affected by the migration.

National Labour Migration:-

India is the one of the fastest growing country. The main reason for this growth is rural to urban migration. Most of people cannot find economic opportunities in rural areas. Because of this they try to migrate to urban areas. This large scale movement is also due to the inter-regional disparities, differences between socioeconomic classes, encroachment of outsiders and skewed development policies.

Whatever may be the cause, there is no repudiate fact that the economic growth in India depends completely on the migration of labour. Economic and social impact on migrant’s family is variable. In some families, three out of four members may migrate. Migration is a safety valve in some poor areas.

Labour Laws in India:-

The Ministry of Labour and the Departments of Labor, at state levels, are responsible for formulating and implementing measures to protect migrant workers. There are some labour laws aimed to improve the conditions of migrant workers and stop their wringing.

Important Labour Laws:-

•  Inter State Migrant Workmen (Regulation and Conditions of Service) Act, 1979
• The Minimum Wages Act, 1948
• The Contract Labor (Regulation and Abolition) Act, 1970
• Equal Remuneration Act, 1976
• Building and Other Construction Workers (Regulation of Employment and   Conditions of Service) Act, 1996.

Enforcement of these laws carried out by both central and state government.

 International Labour Migration:-

International migration is a small proportion in India, though it has important local impacts. Since independence, two distinct migrations are visible that are technically qualified and professional exporters migrated to industrialized countries. Skilled and semi skilled workers have migrated to the Middle East. Migration to industrialized countries increases due to boom in Construction sector and oil industry between 1970 and 2000. Today 3 million migrants live in gulf countries. It has an impact on the national labour market. External migration also regulated by the government. The main instrument of regulation is the Emigration Act 1983, which gives the exit of Indian workers for overseas contractual employment and look on to safeguard their interests.

Quality of life and labour standards for the migrant workers in India:-

In India in consideration of wage policy, it has been noticed that male and female migrant workers get lower wages than minimum wages. They do not get the minimum, wages set forth under the minimum wages Act, 1948. Prolonged and flexible working hours, combined with low wages are outlined in the case of most seasonally migrant workers in India. At the same time female migrant workers paid lower than male workers at certain process. Here the principle of equal pay for equal work is not considered for the fixation of wage rates for contract basis male and female seasonal migrant workers as per the Equal Remuneration Act of 1976.

It has been noticed that migrant workers are not informed of their rights or labour rights,

Such as the right to equality, right to secure work, right to form an association, a living wage and a decent standard of life, right to freedom, security scheme, health, cultural and educational rights etc. There are various unorganized sectors. The workers in such sectors are victim of these issues.

Social security for migrant labour:-

The International Labour Organization is constitutionally bound to encourage social security programs and measures impart basic income to all in essential of protection. Social security systems provide nine types of sake as defined in the social security convention, 1952(102) namely, medical care, sickness and maternity, family benefits, employment injury, invalidity and survivor’s benefits, unemployment benefits, old age benefits etc. India is a founder member of the ILO. India has ratified 39 of the 182 conventions; however, it has not ratified the conventions connecting to two subjects. Freedom of organization and collective bargaining. It has been noticed that the employees have not fundamental, statutory and moral or equitable right to strike in the country.

The fact is, any citizen of the country should have the right to communicate his grievances. It is his fundamental right. It has been noticed that only the workers organized under the trade unions have the right to express injustice and to fight for rights. But what about the workers in the unorganized sector, workers who are not organized under any trade unions? Unquestionably, they belong to the lower strata of the society in correspondence to the organized workers. Who will protect the interests of the unorganized workers? Like migrant workers and contract based workers in different industries. Today, migrant workers as well as unorganized employees are fighting for labour rights and labour standards. There are various problems of migrant workers like the termination of contract labour system, execution of the provisions of the labour laws, an eight hours working day, payment of minimum of wages, social security schemes and insurance, labour welfare amenities. National Commission on Labour report found disparity in wage and working conditions.

Migrant workers, who are not regulated by any trade unions and their labour standards, aren’t protected by the government as well as trade unions. These migrant workers are illiterate, uneducated, and may belong to backward community. They do not get minimum wages stipulated under the Minimumwages Act. Today, the real issue is how to extend human rights to all parts of the labour market.

After independence, India has been embracing various labour policies and laws in order to improve working conditions of migrants. Its implementation is not completely effective. Therefore, migrant workers and workers in the unorganized sector are fighting for their labour rights and to implement the allocation of various labour laws as per International labour standards.

Connect with Licit for knowing more about your Labour rights. For free consultation from the best Lawyers specialized in Labour laws, visit the biggest online legal services platform www.licit.ooo or can download the app https://goo.gl/L8GeYk