Monday, August 10, 2020

Import Export Code or IE Code (10 digit number)

Import Export Code or IE Code (10 digit number)

Import Export Code or IE Code is required for undertaking import or export transactions and availing benefits under schemes like SEIS or MEIS.

Eligibility

All entities in India involved in the import or export of goods/services would be required to obtain IE Code from the Director General of Foreign Trade.

Requirements

To obtain IE Code from the DGFT, the applicant must submit copies of identity and address proof along with a proof of operational bank account in the name of the applicant.

Importer Exporter Code

Import Export (IE) Code is a registration required for persons importing or exporting goods and services from India. IE Code is issued by the Directorate General of Foreign Trade (DGFT), Ministry of Commerce and Industries, Government of India. IE Code application must be made to the Directorate General of Foreign Trade along with the necessary supporting documents. Once, the application is submitted, DGFT will issue the IE Code for the entity in 15 - 20 working days or less.

Validity of IE Code

IE Code registration is a permanent registration which is valid for life time. Hence, there will be no hassles for updating, filing and renewal of IE Code registration. It is valid till the business exists or the registration is revoked or surrendered. Further, unlike tax registrations like GST registration or PF registration, the importer or exporter does not require to file any filings or follow any other compliance requirement like annual filing.

As IE code registration is one-time and require no additional compliance, it is recommended for all companies and LLPs to obtain IE code after incorporation.

IE Code Exemption

The following categories of persons are exempted from obtaining an IE Code:

  1. Importer and export by central government or agencies or undertakings for defense purpose or other specified list under Foreign Trade (exemption from application of rules in certain cases) Order, 1993.
  2. Import or Export of Goods for personal use.

RCMC Registration

Persons having Import Export code can apply for and obtain RCMC registration. Registration-Cum-Membership Certificate (RCMC) is a certificate that validates an exporter dealing with products registered with an agency / organization that are authorised by the Indian Government. The certificate is issued for five years by the Export Promotional Councils or commodity board in India. An exporter desiring to obtain an RCMC has to declare his mainstream business in the application. This application would be submitted to the Export Promotion Council / Commodity Board relating to that line of business.

IE Code Application

More and more SMEs are becoming global in terms of doing business due to the growth in e-commerce platforms, cloud computing technology and strong logistics network. Today, a business in the India is easily able to sell its goods to a customer in USA through e-commerce platforms like Amazon or Alibaba. In this scenario, having an import export code (IE Code) becomes critical in terms of doing business. Any business in India that imports or exports goods and/or services would require an IE code. In this article, we look at the procedure for making an IE Code application in detail.

Import Export Code (IE Code) and GST registration

Before initiating an import of goods into India, an importer must ensure that the importing entity has GST registration and IE code – both of which are required to clear customs.

If an importer does not have both IE code and GST Registration, the goods will be stuck at the port and will start incurring demurrage charges or could be destroyed.

Validity of IE Code

IE Code registration is permanent registration which is valid for life time. Hence, there will be no hassles for updating, filing and renewal the IEC registration. It is valid till the business exists or the registration is not revoked or surrendered. Further, unlike tax registrations like GST registration or PF registration, the importer or exporter does not require to file any filings or follow any other compliance requirement like annual filing.

As IE code registration is one-time and require no additional compliance, it is recommended for all companies and LLPs to obtain IE code after incorporation.

Documents Required for IE Code Application

The following are the documents required for making an IE Code application in India.

Proprietorship      

  • Digital Photograph (3x3cms) of the Proprietor.
  • Copy of PAN card of the Proprietor.
  • Copy of Passport (first & last page) / Voter’s I-Card / Driving Licence / UID (Aadhar card) (any one of these).
  • Sale deed in case business premise is self-owned; or Rental / Lease Agreement, in case office is rented / leased; or latest electricity / telephone bill.
  • Bank Certificate as per ANF 2A(I) / Cancelled Cheque bearing preprinted name of applicant and A/C No.

Partnership firm   

  • Digital Photograph (3x3cms) of the Managing Partner.
  • Copy of PAN card of the applicant entity.
  • Copy of Passport (first & last page) / Voter’s I-Card / UID (Aadhar Card) / Driving Licence / PAN (any one of these) of the Managing Partner signing the application.
  • Copy of Partnership Deed.
  • Sale deed in case business premise is self-owned; or Rental/Lease Agreement, in case office is rented / leased; or latest electricity / telephone bill.
  • Bank Certificate as per ANF 2A (I) / Cancelled Cheque bearing preprinted name of the applicant entity and A/C No.

LLP or Private Limited Company or Section 8 Company

  • Digital Photograph (3x3cms) of the Designated Partner / Director of the Company signing the application.
  • Copy of PAN card of the applicant entity.
  • Copy of Passport (first & last page) / Voter’s I-Card / UID (Aadhaar Card) / Driving Licence / PAN (any one of these) of the Managing Partner / Director signing the application.
  • Certificate of incorporation as issued by the RoC
  • Sale deed in case business premise is self-owned; or Rental / Lease Agreement, in case office is rented / leased; or latest electricity or telephone bill.
  • Bank Certificate as per ANF 2 A(I) / Cancelled Cheque bearing preprinted name of the company and A/C Number.

Society or Trust   

Digital Photograph (3x3cms) of the signatory applicant / Secretary or Chief Executive.

Copy of PAN card of the applicant entity.

Copy of Passport (first & last page) / Voter’s I-Card /UID (Aadhar Card) / Driving Licence / PAN (any one of these) of the Secretary or Chief Executive / Managing Trustee signing the application.

Sale deed in case business premise is self-owned; or Rental / Lease Agreement, in case office is rented/ leased; or latest electricity /telephone bill.

Registration Certificate of the Society / Copy of the Trust Deed

Bank Certificate as per ANF 2A(I) / Cancelled Cheque bearing preprinted name of the Registered Society or Trust and A/C No.

HUF (Hindu Undivided Family) 

  • Digital Photograph (3x3cms) of the Karta.
  • Copy of PAN card of the Karta.
  • Copy of Passport (first & last page) / Voter’s I-Card / UID (Aadhar card) / Driving Licence (any one of these) of the Karta.
  • Sale deed in case business premise is self-owned or Rental / Lease Agreement, in case office is rented / leased or latest electricity /telephone bill.
  • Bank Certificate as per ANF 2A(I) / Cancelled Cheque bearing preprinted name of applicant and A/C No.

In case the applicant cannot provide cancelled Cheque copy with pre-printed names, the following bank letter format would have to be obtained from the Banker:

IE Code Bank Letter Format (will be sent through email, if you need it)

IE Code Application Procedure

Once, all the above documents are available, the applicant can initiate the IE code application process on the DGFT website:

  • Step 1: Enter your PAN on login page and mention your valid Email and Mobile number.
  • Step 2: Complete the application and upload the documents required.
  • Step 3: Proceed for online payment and attach digital signature.
  • A sample IE code application is reproduced below with details that would be required to make an IE code application:

IE Code Application (will be sent through email)

On submission of application, IE code is usually issued with 5-7 working days, if no discrepancy is found in the IE code application.

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Sunday, August 9, 2020

Reasons for Trademark Application Rejection

Reasons for Trademark Application Rejection

A registered trademark can help the trademark owner prevent unauthorized use of the mark and create a valuable intangible asset for the company. However, the trademark registration process is long typically taking anywhere between 12-18 months to know the final status of a filed trademark application. Since, the trademark application process takes such a long time, many businesses begin building a brand around a mark while the trademark application is still pending. If the trademark application is finally approved and the mark is registered, then the efforts-spent on brand building is protected. However, if for some reason the mark is not registered, then there is a likelihood for the brand to be under threat. Hence, we look at some of the top reasons for trademark application rejection, so these mistakes can be avoided while choosing a business name or trade name.

Generic Terms

Commonly used words or terms that are usually found in dictionaries cannot be trademarked. For example, a company cannot trademark the word “CHAIR” to sell chairs. Since, chair is a generic term for the product, one company cannot be given the right to use the generic term exclusively.

Descriptive Terms

Words that are commonly used to describe a product can also not be trademarked as it would be considered a descriptive term. For example, the mark COLD is likely to be rejected for marketing beverages as being descriptive. If a company is given the exclusively right to market its beverages using the term COLD, it would be unfair. Hence, such descriptive terms for products or services cannot be trademarked.

Also, qualitative or praise terms such as RAPID, BEST, CLASSIC or INNOVATIVE cannot be trademark unless it is part of an otherwise distinctive mark.

Deceptive Trademarks

Deceptive trademarks are marks that may deceive or mislead consumers as to the nature, quality or geographical origin of the product. For instance, a trademark that resonates with cotton for a polyester product would be rejected as a deceptive trademark.

Offensive Terms

Trademarks that contain offensive terms or words that are contrary to public order or morality cannot be registered. Also, words and marks that are considered to be offensive or violate commonly-accepted norms of morality are generally not allowed to be registered as trademarks.

Marks Similar to an Existing Trademark

Many trademark applications are rejected because they could be in conflict with an existing registered trademark. Having two identical trademarks is contrary to the intellectual property rules and would cause confusion among consumers. Hence, any trademark that is similar or could potential be confused with an existing trademark would not be registered.

Official Marks

Trademarks that contain official names, flags, armorial bearings, official hallmarks and emblems of states and international organizations cannot be trademarked as they contain elements that are protected under National Regulations.

Choosing a Business Name

To improve the chances of choosing a business name that can be trademarked, follow the checklist below:

  1. Ensure that the mark does not fall under any of the categories listed above.
  2. Perform a trademark search to ensure there are no similar trademarks.
  3. Perform a domain name search to ensure that the domain is available for the mark – to avoid any cyber-squatting in the future.

Get consultation from a trademark expert, if in doubt. 

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Saturday, August 8, 2020

Registering a Trademark / Brand Name / Logo

Trademark:

A trademark is a unique identity that differentiates your product / service in the market. It can be a unique word, name, logo, numeral or any other identifier. It is essentially a representation of the owner's company, name / brand. A registered trademark is an invaluable asset to your company as it is used to protect your company's brand. Registration ensures protection of your unique logo / brand by restricting usage by other competitors as identical/ similar marks cannot be registered.

Trademark owners have the right to use their mark exclusively for a period of 10 years from the date of registration.

The following are the advantages of registering a Trademark:

Legal Protection:

The main advantage of registering trademarks is that your goods and services would have a unique identity and a brand name. The owners would have exclusive rights over the mark and would be able to take action or sue for damages in the case of unauthorized usage.

Asset Creation:

Registered trademarks may be bought, sold or leased just like any other asset attached to an individual / company. It becomes part of the intellectual property that is owned by an individual / company.

Brand Popularization:

A registered trademark will make it easier for customers to find your products in the market. It builds the reputation of your product and creates an identity which is unique from that of existing products in the market and thereby, acts as an effective commercial tool. The logo can represent the vision and individual characterization of your company and products.

Goodwill:

Registered trademarks help in customer recognition and the extra earnings that follow because customers want to acquire your product due to increased recognition of your brand and name.

Customers relate the quality of a product with its brand name, and this will help in attracting new customers as they will be able to differentiate the quality of a product by your logo or brand name.

Protection for 10 years:

Protection for 10 years: Every registered trademark is valid for 10 years and may be renewed for another 10 years with ease by merely filing a trademark renewal application. It is cost-efficient and helps your company create and maintain a unique image.

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Monday, August 3, 2020

Copyright Registration

Copyright Registration

There is a surge in the amount of intellectual property being registered in India due to an increase in awareness among people about intellectual property laws and the advancement of technology, allowing for online registration of many of the type of intellectual property being created. Copyright registration is one of the key types of intellectual property protection and allows for the protection of literary, dramatic, musical and artistic works.

Copyright Basics

Copyright is a right to ownership and enjoyment given by the law to creators of literary, dramatic, musical, artistic works and producers of cinematograph films and sound recordings. It is a bundle of rights comprising of rights to reproduction, communication to the public, adaptation and translation of the work. Copyright ensures certain minimum safeguards of the rights of ownership and enjoyment of the authors over their creations, thereby protecting and rewarding creativity.

Eligibility

Any work namely literary, dramatic, musical, artistic work, cinematograph film, or sound recording, can be copyrighted. Copyrights are given in India in mainly three classes of work, and each class has its own distinctive rights under the Copyright Act. Original literary, dramatic, musical and artistic works are one class of work that comprise of copyrights for books, music, painting, a sculpture, etc., Cinematograph films are another class of copyright which consists of any work of visual recording on any medium. Finally, sound recordings are a distinctive class under the copyright act consisting of a recording of sounds, regardless of the medium on which such recording is made or the method by which the sounds are produced.

Copyright Registration

A limited amount of copyright protection comes into existence as soon as a work is created, and no formality is required to be completed for acquiring copyright. However, to prove ownership over copyright and to serve as prima-facie evidence in the court of law, works can be registered in the Register of Copyrights maintained in the Copyright Office of the Department of Education. To copyright registration application is to be made on Form IV in a requisite manner along with the applicable fee. Both published and unpublished works can be copyrighted. In the case of published work, three copies of the published work have to be presented along with the application. In case of unpublished work, a copy of the manuscript has to be sent along with the application for affixing the stamp of the Copyright Office in proof of the work having been registered.

Copyright protection typically lasts for 60 years. In the case of original literary, dramatic, musical and artistic works, the 60-year period is counted from the year following the death of the author. In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organizations, the 60 year period is counted from the date of publication.

Process for Copyright Registration

Copyright registration can be obtained for both published and unpublished works. Copyright registration can be obtained by applying to the Copyright Office for registration of work under copyright laws in the prescribed form along with the necessary fee. Application for copyright registration must be made on “Form IV” along with the “Statement of Particulars and Statement of Further Particulars”. Along with the application, three copies of published work should be sent. If the work to be registered is unpublished, a copy of the manuscript has to be sent along with the application for affixing the stamp of the Copyright Office in proof of the work having been registered. In case two copies of the manuscript are sent, one copy of the same duly stamped will be returned, while the other will be retained, as far as possible, in the Copyright Office for record and will be kept confidential.

Copyright application can be signed and submitted by the applicant or an Advocate in whose favour a Vakalatnama or Power of Attorney has been executed by the Applicant. In case of application by an Advocate, the Power of Attorney signed by the applicant and accepted by the advocate should be enclosed with the application.

In case of registration of multiple works, separate applications should be made for registration of each work along with the requisite fee.

Benefits of Copyright Registration

The following are some of the important benefits of registering your work and availing copyright protection:

Copyright protection creates a public record of the ownership by the copyright holder.

Copyright protection enables the holder of the copyright to take legal action against infringers in a court.

If the legal action is taken before or within a certain period from the date of publication, it enables adequate evidence in court relating to the validity of the copyright and the facts that are stated in the certificate of copyright.

If registration is made within a short span of time the person’s work or at any time prior to the infringement of the copyrighted work, the copyright owner is permitted to claim statutory damages in a high court. Without the process registration, only an award related to actual damages and profits will be made available, and these can be quite complicated to prove in a court of law.

Permits the copyright owner to record the registration with Indian Customs to help in protection against the importation of infringing copies into India.

Copyright protection provides a very important motivation for the creation of several intellectual works. Devoid of copyright protection, it would be simple for others to take advantage of these works without paying any royalties or remuneration to the title-holder of the work. Copyright, therefore, encourages enterprise and enables an encouraging climate to motivate economic activity.

Copyright protection renders benefits in the form of economic rights which entitles the creators to exercise control over the use of their literary and artistic material in various ways such as producing copies, performing in public, broadcasting, use online/on the internet, etc. and to avail an appropriate economic reward.

Copyright protection enables creators to be rewarded for their originality and venture consequently.

Copyright also enables moral rights to be identified as the creator or the author of definite kinds of material (known as the paternity right), and raise an objection to the distortion and mutilation of the right. An author’s right to object to the adaptation or derogatory action in relation to his or her work is referred to as an integrity right.

Registration and entitlement to copyright will display the validity of your copyright if it is registered within a period of five years of publication. This can help avert future challenges to your works related rights.

One can use, re-use and reproduce the copies and can sell the copies of the work that is copyrighted.

One can deal in the imports or exports of whole or part of the work with copyright protection.

One is liberated to create any derivative work from the copyrighted work.

One can openly exhibit his work with copyright protection.

One can sell or pass on the rights of the work to the other person with copyright protection.

One can deal in transmitting or the display of work by radio or video with copyright protection.

Copyright Protection Validity

Generally, copyright protection is valid for 60 years. In the case of original literary, dramatic, musical and artistic works, the 60-year period is counted from the year following the death of the author. In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organizations, the 60-year period is counted from the date of publication.

Remedy for Copyright Infringement

Copyright infringement of any work is a criminal offence punishable under Section 63 of the Copyright Act. The minimum punishment for an infringement of copyright is imprisonment for six months with a minimum fine of Rs.50,000/-. Also, in case a copyright infringement has happened or happening or likely to happen, any police officer, not below the rank of a sub-inspector, may, if he is satisfied, seize without a warrant, all copies of the work and all plates used for the purpose of making infringing copies of the work.

Lawful Use of Copyrighted Work Without Permission

The law under certain conditions allows the use of a registered work without the permission of the owner for research, study, criticism, review and news reporting, as well as the use of works in library and schools and in the legislatures. In order to protect the interests of users, some exemptions have been prescribed in respect of specific uses of works enjoying copyright. Some of the exemptions are the uses of the work, for research or private study, ii) for criticism or review, for reporting current events, in connection with judicial proceeding, for performance by an amateur club or society if the performance for a non-paying audience and the making of sound recordings of literary, dramatic or musical works under certain conditions.

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Sunday, March 18, 2018

Free Legal Knowledge Sharing Series

Free Legal Knowledge Sharing Series

These Free Legal Knowledge Sharing Series is for educational purposes only and should not be used for any commercial purpose without the written consent of the Compilers.

© Copyright: Respective authors

Disclaimer: The Compilers hold NO Responsibility for any financial loss arises due to the usage of the contents compiled and shared here.

Free Legal Knowledge Sharing Series

These Free Legal Knowledge Sharing Series is for educational purposes only and should not be used for any commercial purpose without the written consent of the Compilers.

© Copyright: Respective authors

Disclaimer: The Compilers hold NO Responsibility for any financial loss arises due to the usage of the contents compiled and shared here.

Compiled by Best Legal Scribe

Website: www.bestlegalscribe.com

Mail ID: contact@bestlegalscribe.com

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