Biat Legal

  Analysis of Supreme court Judgment on section 498A IPC The Hon'ble Supreme Court of India in its recent judgment of Social Action Forum for Manav Adhikar and Another v Union of India Ministry of Law and Justice and Others1 redefined the important issue relating to Section 498-A of the Indian Penal Code, 1860 (hereinafter pertained to as"the IPC"). Section 498-A was brought into the IPC in 1983 to check the imminence of atrocity to wedded women, which frequently led to dowry deaths. In ordear to cover helpless women who were regularly getting abused and beaten and tortured by their separate misters and hubby's family members, multiple changes were made to IPC. Consequently, under Section 498A atrocity to a woman by her hubby or any relative of her hubby was made punishable with imprisonment for a term of three times and also with fine. This was further supported by Section 304B where a woman had committed self-murder within 7 times of her marriage or failed in circu...

Introduction An innovative design has the implicit to revise the assiduity. Simplest designs with their essential effectiveness and oneness have provisioned to consumers' introductory requirements for decades. Infrequently known notorious designs which might have skipped one's attention, but not their requirements include the ball- point pen, lissome straw, anglepoise beacon,Post-it ® notes and Tupperware ®, to name a many. So, why is design an essential criteria for a composition, and does it warrant separate legal protection? The compass of the composition attempts to punctuate the growing significance of design rights and its current script in India. What's Design? Design rights cover the new features similar as shapes, configuration, colour combination, face decoration, composition of lines, or patterns of a composition, whether in two dimensional or three dimensional or in both forms, which give an aesthetic element rather of a functional quality. In India, form, exec...

  In India Trademarks are protected by Trademark Act, 1999. The act describes the rules and penalties relating to trademark infringement and legal action that can be taken against those infringers. In India Trademark infringement is a cognizable offense which means that the offender can face both criminal as well as civil prosecution.  In case civil suit is filed on account of trademark infringement, the court may undertake to award the following remedies- Temporary injunction Permanent injunction Damages Account of profit (damages equivalent to the profits earned from the infringement) Destruction of goods bearing the unauthorized trademark Cost of legal proceedings In case criminal suit is filed against the infringer, the court may take following action against him- Court may impose an imprisonment for a period not less than six months that may extend upto three years. A court may impose a fine of a sum not less than  50,000 which may extend to 2 Lakh rupees. Landmark ...

  It has been a proven fact that innovative ideas are most of the time stolen. Therefore nowadays it is imperative for business owners to protect their business ideas by applying for patents. So instead of letting someone hijack your idea, it is important to protect it right from the word go. What is a Patent? A Patent is a right given to a patentee over a new/ novel or original invention for a limited period of time i.e. for 20 years. A patentable material includes manufactured articles, machines, industrial processes, and chemical compositions.  There are three types of patents that can be issued- The Utility Patents are granted to anyone who invented a new or useful process thereof. The Design Patent is given to inventors of new or novel ornamental deigns for an article of manufacture. The plant patents are given to those who have invented or discovers and asexually reproodces any distinctive and new variety of plants. The fact that one cannot patent the business idea li...