Copyright is Protection in FORM and Not an IDEA
Copyright is the right given to a person‘s work or derived from works. It is based on the right of an author, artist or composer to prevent another person from copying his original work, whether it is a book, a tune or a picture, created by him.
There is nothing in the belief of copyright to prevent another person from providing an identical result provided it is arrived at through an independent process.
In general parlance, idea is formulation of thought which may be on particular subject or topic. Expression on other hand constitutes the implementation of the said idea. The idea can be expressed in numerous ways and this is where the copyright issue crops up. Copyright protects the expression and not the idea in itself.
Idea-expression dichotomy is one of the most continual principles in the area of the copyright law. There is no copyright in ideas. Ideas when expressed in protectable form, then can be granted a copyright .Copyright subsists only in the material form to which the ideas are translated. In the field of literary work, the words chosen by the author to express his ideas are peculiar to him and no two description of the same idea or the fact can be in the same words. The order and arrangement of each man’s words is as singular as his countenance.
In practice, however, distinguishing expression from idea often proves quite difficult, and nowhere is this difficulty more obvious than in cases involving imaginary facts. Where the ideas and expression cannot be separated and are said to have merged, such incorporation is termed as doctrine of merger. The doctrine of merger holds that when the idea is expressed in certain way, the expression is not protect able.
There has been considerable difficult in defining and applying the principle of idea and expression dichotomy in general. A person may have a brilliant idea for a story or for a picture but if he communicates that idea to an artistic or play writer then the production which is the result of the communication of the idea is the copyright of the person who has clothed the idea in a form and the owner of the idea has no rights in the product.
Offshore Company Registration
Offshore Company Registration
A Foreigner establishing/ setting up its subsidiary company or domestic company in India, either in the form of a private limited company or as a public limited company .
The foreign subsidiaries can be of two types either a wholly-owned subsidiary in which 100% stock is entirely owned by holding company and normal Subsidiary, in which majority or more than 50% Stock is owned by holding company. The owner of a wholly-owned subsidiary or normal subsidiary is known as holding company. Because the parent company owns all of the stock of the wholly-owned subsidiary, the parent company can control all of its activities. Moreover, under GAAP, all of the financial transactions of a wholly-owned subsidiary are consolidated with those of the parent company. Thus, all of the activities of the wholly-owned subsidiary are part and parcel of the parent company for both operating and reporting purposes. A wholly-owned subsidiary is a separate entity for legal purposes.
Apart from forming a subsidiary, foreigner can also register a company in form of Independent Domestic Company either as a Private Limited Company or Public Limited Company
A company in India is required to be incorporated under the India Companies Law and is also required to comply with various regulations/ procedures laid down therein. In comparison with the branch office and liaison office, a company provides maximum flexibility for conducting business in India and it can also undertake manufacturing activities in India. The Indian operations of the company can be funded either through equity or debt (both foreign and local) or through internal accruals. However, the exit procedure norms of companies are more cumbersome as compared to other forms of business such as branch, liaison and project offices.
The subsidiary company, incorporated under the laws of India, is treated as a domestic company for tax purposes and accordingly domestic company tax rates and benefits will apply. However, Indian transfer pricing regulations shall be applicable to such companies.
Trademark Registration What A Method to Make A Straight Business
Want to begin a limited business! Initially, you need to keep distinct everything allied to your business from the others. Keeping things like name, logo, letters, signature, monograms, design goods and packaging etc unique from rest is always good for your trade. Trademark Registration, a way to maintain uniqueness of entire your assets, you should to register to make you sure about the safety of intellectual assets from use by others. Trademark makes also easy to promote the goods and services by targeting majority of audience towards the business.
Availability of trademark services in metropolitans and other major cities of India help individual or businesses to file tm application for registration of their mark or brands under particular tm classes that is defined according to category of products and services. If you want tm registration in the cities like Noida and Pune, many law offices are ready to help you in doing trademark registration noida is actually cost-effective and help you in receiving the tm certification for your intention of mounting business. In India, registration of tm is prepared according to tm law act 1999 and you must to go with the entire rules while doing trademark registration pune with expert solicitors whose counseling perfectly guide you for preparing for all documents and filing application and forms.
India is a major destination where trademark is considered as a major marketing tool in order to keeping boom the business along with securing the eccentricity of goods and services. Today, line up of tm offices is working for providing tm registration services to clients with all possible support. Going with rules of trademark registration india, solicitors are helping applicant in tm filing and application filing after doing search for particular mark, which has suggested by applicant for registration. If you want to register tm in India, get in touch with tm solicitors for complete information and guidance for documentation and procedure.
Here is much benefit of trademark registration India :
o Affords beneficial notice of registration and beat the claim made by infringer
o Set up a power to file tm infringement lawsuit
o It helps in receiving the compensation over damages
o Creates the supposed right of tm owner to use tm symbol across the nation
o Others company could not adopt the registered mark made by other company
o Registration of mark could be the source of convulsion of infringing goods
o TM owner could expand globally by using the previous date of registration in other nations
Design registration is also treated as registry of tm as many inventors are attempting registry of design allied to the goods and packaging, in terms of avoiding uses by others. For making design registration in india, one must to gather the entire details and comprehend the procedure and requirements with tm solicitors. It is prepared according to design act 2000 and design rules 2001 at trademark office.
Similarly, staying your brand promoting and securing is actually tough in today’s market. If you will attempt a legal steps like brand registration india that is prepared under tm act, there is huge possibilities of advancing your business and making a brand. Steps are similar to tm registry and you must to consult solicitors to understand the entire procedure and filing application.
Fortify your brand via <a href=”http://www.india-company-registration.com/trademark-registration-delhi.php”>registration of your trademark for delhi</a> in making also your mark protected; <a href=”http://www.india-company-registration.com/trademark-registration-india.php”>registration procedure of trademark within india</a> is discussed here, notice must.
Company Formation in India, Process Your New Business Setup Now
Possibly, you have ideas about business establishment in your favorite location of India and looking for few legal steps to be legally eligible to set a limited company. Normally, business setup is a procedure followed under company act and one need to register their company before launching. Recently, company act 2013 is released against its old version of company act 1956. Numerous rules and regulations, procedures and requirements are altered and one should to be acquainted about new company law act.
Everyone’s mind is usually set to launch their own business but they should to register their corporation before bringing up their trade in the market. However, company act India lets every individual to register their business in anywhere in the nation. You can also find company formation in india that is quite an easy procedure but follow strict rules and regulations. You must have to know the entire steps that will make easy your company registration. In India, company formation is made at registrar office, done by very talented and experienced lawyers who are especially serving for company services and provide full support in finishing whole steps of registration.
A company should be registered, brings full advantages to the corporation along with baking support, customer’s positive response and further company’s association etc. A business can be registered for establishing or extending a new business. Maybe, you are looking for new company registration to create your own business firm! But, have you know the new company law? If not, then visit your closest law firm to discover the rules and regulations of new act of company. You can easily interpret with many free services such as free name availability search and counseling for business registration.
Here is given below entire procedure of new company registration.
• Decide Type of The Company
• Choose Name for The Proposed Company
• Apply for Directors Identification Number and Digital Signatures
• Drafting of Memorandum and Articles of Association
• Stamping, Digitally Signing and E-filing of Different Documents
• Obtaining Certificate of Incorporation
• Filing of Prospectus/Statement in lieu of Prospectus and e-Form 19/20
• Receiving Certificate for Commencement of Business
Popularity of Limited Liability Partnership Corporation is very high and there are of course ranges of such types of business across the world are running very smoothly. Have you also llp business? Register now your business to keep safe your liability and rights, and smoothly run your trade. Obtaining llp registration in india goes to few legal procedure, according to limited liability partnership act 2008 and you should to go behind whole rules and regulations before filing application. It is considered as a separate legal entity and there should be at least two partners in LLP.
Procedure of LLP Registration in India
• Minimum Two Partners
• Obtaining DPIN and Digital Signature Certificate
• Name filing
• LLP Agreement Drafted with LLP Act
• Filing of Incorporation Documents
• Obtaining Incorporation Certificate
NBFC stands for non banking financial companies that are those companies, which are registered under the Reserve Bank of India. It is made usually to receive the banking support and one can receive loan and credit facilities from particular companies. If you want nbfc certification, you must take nbfc registration under company act. Get in touch with your attorneys to discover about the nbfc in details before registration. It helps in managing portfolios of stock and exchanges. The fcra registration is also provided at the company law firm, you must build your NGOs and social firm able for obtaining foreign contribution.
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