Indian Competition Law
Competition law has assumed great importance in the wake of economic reforms. Careful studies should be undertaken before marketing products in order to ensure inadvertent breaches of the Monopolies and Restrictive Trade Practises Act, 1969, (“MRTP”), trade mark and consumer protection laws. It is quite common to read about cases where one advertising agency has filed a complaint before the Competent Authority established under the MRTP against another agency for stealing their advertising concept for another product.
Majmudar & Partners assists in conducting the necessary intellectual property due diligence and other related issues pertaining to unfair competition, including representation before the Competent Authority. In addition, we also assist in drafting distribution and agency agreements conforming to the MRTP and Sale of Goods Act, 1930. We advise on whether a particular distribution agreement will require prior registration with the MRTP Commission.
Indian Trade Mark & Patent Law
Majmudar & Partners advises on patent and trade mark issues in commercial transactions. As regards patents, India has, on December 7, 1998, become a signatory to the Paris Convention. India is also a member of the World Trade Organisation (“WTO”). Under Indian patent law, civil courts grant injunctions if patents are infringed. However, Indian patent law does not provide for criminal penalties.
Majmudar & Partners provides comprehensive services in registering trade marks and patents. In addition, we litigate on behalf of overseas trade mark holders in passing off actions and other intellectual property law issues.
Indian Copyright, Computer and Internet Law
The Copyright (Amendment) Act, 1994, contains penal provisions. However, enforcement in this area is weak. Therefore, software piracy is common. Nevertheless, foreign companies should take a broad view in this regard. If profits from sale are likely to exceed piracy losses, it might still be worthwhile licensing software in India. Additionally, software development is a high priority industry attracting several Government benefits and allowances. Many overseas computer companies are developing software in India. Majmudar & Partners provides comprehensive services in registering copyrights.
In addition, we have expertise on legal issues relating to the internet. The Majmudar Information Technology Team (“MITT”) has been instrumental in advising the Ministry of Information Technology on the proposed information technology law legislating e-commerce transactions.