government

08 Jul
5

E-filing of Copyright in India:

In government, Indian Economy, Official Blog, Services on Perfection

A copyright is essentially a right not to copy someone’s work. A copyright gives the owner of the subject an exclusive right over his work. If a work is protected by copyright, no one can imitate, copy or reproduce the original work in any other way.

 

The register of the Registrar of Copyrights is divided into 6 categories:

PART – 1: Literary works other than computer Programs

PART – 2: Musical Works

PART – 3: Artistic Works

PART – 4: Cinematography Films

PART – 5: Sound Recording

PART – 6:  Computer Programs, tables & Compilations

 

 

Copyright can be taken for the following works:

  • Music
  • Books
  • Manuscripts
  • Films
  • Fashion Designs
  • Training Manuals
  • Software
  • Literary Work
  • Paintings etc.

 

Documents required:

A copy of the work needs to be provided along with the address and identity proof of the owner is required. For a company, the name of the company along with its Certificate of Incorporation and Address proof is required.

 

 

Details required for Copyright Registration:

Personal details: This includes the name, address and nationality of applicant. Applicant should specify the nature. Whether he is the owner or the representative.

Nature of the work: This includes class and description of the work, title of the work. In case of a website copyright, give the URL of the website. You also need to mention the language of the work.

Date of publication: Mention the date of publication in internal magazines (if possible). Like a company magazine or a research paper submitted to a professor does not count as publication.

 

Copyright Registration:

The Copyright Act, 1957 helps you in protecting the original or genuine literature, drama, music and artistic work. And ideas, procedures or even the methods of operation can never be copyrighted. In a layman’s language, a copyright is an exclusive right granted to the owner in order to protect his work from being copied, exploited or misused.

Doing a particular work takes lots of efforts and energy and therefore protecting the work done is as important as doing a work. Hence, one of the mediums through which one can protect as well as enjoy certain rights over his/ her works is Copyright.

The only owner of registered work can use the product or even can grant permission to another person.

 

Procedure:

Visit copyright.gov.in

Untitled11Untitled88

Untitled67

 

Pay the requisite fees.

1234

  • Every application has to be signed by the applicant as well as an Advocate in whose favor a Vakalatnama or a POA has been executed
  • The registrar will issue a Dairy No. and then there is a mandatory waiting time for a period of 30 days for any objections to be received
  • If there are no objections received within 30 days, the scrutinizer will check the application for any discrepancy and if no discrepancy is there, the registration will be done and an extract will be sent to the registrar for the entry in the Register of Copyright.
  • If any objection is received, the examiner will send a letter to both the parties about the objections and will give them both a hearing.
  • After the hearing, if the objections are resolved the scrutineer will scrutinize the application and approve or reject the application as the case may be.

 

For registration of copyright or for any queries regarding the same contact kiran@jain.software

08 Jul
6

Trademark e-filing in India:

In Business, government, Indian Economy, Official Blog, Services on Perfection

India was placed second from Bottom out of 38 countries, in the US Chamber of Commerce’s International Intellectual Property Index.

While Prime Minister Modi is keen on strengthening India’s intellectual property environment, the report stated that Indian law does not provide adequate enforcement mechanisms to effectively combat online piracy.

A trademark is anything that customers identify the brand by, whether a word, logo, sound, graphic or even a color combination. While registration is not necessary, it gives one the indispensable benefits.

Trademark can be protected under 45 classes (i.e. sectors). Trademarks in India are divided into 45 different classes or sections. An example of a class is, say, IT, confectionaries, cosmetics etc. When one applies for registration, he needs to ensure that he’s registering under the correct class or section, as relevant to the business activities.

The trademark cannot be copied by someone under the same trademark class. However it may be used by someone under different trademark class.

One needs to register the trademark the moment brand gains traction, as it ensures that you are the sole owner of the brand. The reason behind making a faster entry into the trademark register is simple. If you do not register for the trade name or mark in time, someone else, with same business interest might do so in near future.

It is safer to register for trademark protection as soon as your business takes off successfully. Or you risk having to change your brand name altogether, which may have an impact on retaining your original customers.

Your trademark is valid indefinitely. However, you need to renew the trademark application every 10 years.

tm01

If going through proprietor code, make sure you sure you have class3 digital signature, or else get one, to proceed further.

tm2

tm3

tm4

tm5

After successful submission, go to the payment section.

tm6

You will receive the response for the application filed within a month

 

For registration of trademark or for any queries regarding the same contact kiran@jain.software

09 Jun
5
io1

SPICE forms: A hassle-free process of incorporation

In Banking, Business, government, Marketing, Newsroom, Official Blog

Ministry of Corporate Affairs (‘MCA’) has come with for Incorporation of Company under Companies Act, 2013 to incorporate the company within one day; with the SPICE forms meaning (Simplified Performa for Incorporating Company Electronically).

It was a significant step taken by Ministry of Corporate Affairs by introducing e-form INC-32 under SPICe scheme vides MCA’s notification dated 01/10/2016 notifying Companies (Incorporation) Fourth Amendment Rules, 2016.

The Ministry of corporate affairs (MCA) is primarily concerned with the administration of the Companies Act 2013, the Companies Act 1956, the Limited Liability Partnership Act, 2008 & other allied Acts and rules & regulations framed there-under mainly for regulating the functioning of the corporate sector in accordance with law.

The following forms are notified by MCA:

  • Incorporation of a company in e-Form SPICE (INC-32)
  • e-Memorandum of association in e-Form SPICE MOA (INC-33)
  • e-Article of association in e-Form in e-Form SPICE AOA (INC-34)

In today’s global scenario, it’s a very way to start the business with a single window form.

It’s said so because earlier if a Person wanted to incorporate Company then they had to apply for the DIN, Approval of the Name, its availability, separate form for first Director, Registered office address, PAN, TAN etc.

But this form can be used for all the following purposes:

  • Application of DIN (up to 3 Directors)
  • Application for Availability of Name
  • There is no need to file a separate form for first Director (DIR-12)
  • There is no need to file a separate form for an address of registered office (INC-22)
  • There is no need to file a separate form for PAN & TAN

Type of companies covered under e-Form SPICE (INC-32):

  1. One Person Company = INC-32 (SPICe )
  2. Private Limited Company (with7 or less than 7 subscribers) = INC-32 (SPICe )
  • Public Limited Company (with7 or less than 7 subscribers) = INC-32 (SPICe )
  1. Section 8 Company(with7 or less than 7 subscribers) = INC-32 (SPICe )
  2. Producer Company (with7 or less than 7 subscribers) = INC-32 (SPICe )
  3. Producer Company (with more than 7 subscribers) = INC-7
  • Company with foreign Subscribers (up to 7) = INC-32 (SPICe )

The following documents are required for Incorporation of Private Limited Company under SPICe process:

  1. Documents from Directors and Shareholder
  2. IDENTITY PROOF

1) Permanent Account Number (PAN) Card
2) Aadhaar Card / Passport / Driving License / Voter Identity Card

  1. ADDRESS PROOF

1) Telephone Bill / Mobile Bill
2) Electricity Bill / Water Bill
3) Bank Statement /Bank Passbook with latest transaction

(Any one of the Document not older than 2 months)

*Telephone Bill / Mobile Bill/Electricity Bill / Bank Account Statement must be in the name of applicant and should not be older than 2 months

  1. PASSPORT SIZE PHOTOGRAPHS – 3 EACH

Notes:

(If the documents are not in English, then it should be translated to English)

*All the Copies of documents must be Self Attested by the applicant

2. Documents to be signed by DIRECTORS

1) Consent to Act as Director: Form DIR-2
2) Details for Director identification number (DIN)
3) Declaration of DIN (If DIN is allotted already)

 

3. Documents to be signed by SHAREHOLDERS

1) Application for Digital Signature Certificate (DSC)

2) Affidavit by Subscribers & Director: (INC-9)

 

4. Documents from Company / LLP / Trademark Owner, if any

1) Board Resolution / Formal authorisation for use of Name / Trademark

2) The authorization for execution Documents from Company / LLP

 

* To be signed by the concerned on their Letterhead

  1. Registered Office – Address

1) No-Objection letter from the Owner of Address to use the address ad Registered office of the Company.

2) Address Proof – In the name of the Owner of Address

  1. Electricity Bill, Telephone Bill (Fixed Line Only), Gas Bill or Water Bill (Not older than 2 months); OR
  2. Tax Paid Receipt or Copy of Registered Sale Deed

*To be signed by the of the Owner of Premises

 

  • If the Address facility is availed from a Shared Office Service provider, a copy of Electricity Bill / Tax Receipt with a copy of Lease Agreement with specific powers to sublease or issue NOC letters for use of premise as Registered Office address under Companies Act is also required.

* To be signed by the Owner of the Premises/ Signed by the Shared Office Service provider.

Features of SPICe (inc-32) form:

  • Maximum details of subscribers are SEVEN (7). In case of more subscribers,the normal incorporation procedure in INC-7 shall be followed.
  • Maximum details of directors are TWENTY (20).
  • Maximum THREE (3) directors are allowed for filing application of allotment of DIN while incorporating a Company.
  • The person can also apply for the name in this form.
  • By affixation of DSC of the subscriber on the INC-33 (e-moa), date of signing will appear automatically by the form.
  • Applying for PAN / TAN will be compulsory for all fresh incorporation applications filed in the new version of the SPICe form.

Filling the form:

 

 

1

2

 

3

4

5

Note:

  • Director has to give declaration at the end of the form that he has checked the name on MCA website and Trade Mark Website.
  • DSC of Director will be affixed on the form. {In case, director don’t have DIN then mention PAN No. of director at the place of affixing of DSC)
  • DSC of professional will also be affixed on the form.
  • Only one name can be applied for approval in this e-form. Therefore, one is advised to duly check the proposed name and follow name availability guidelines, existing trademarks to avoid rejection.
  • MCA21 system will auto-generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe, which the stakeholders will be required to download, affix digital signature and then upload both signed forms on an MCA21 system as linked forms.
  • The new version of SPICe incorporation applications will be processed only after Forms 49A & 49B are duly signed, uploaded and payment is confirmed by MCA
  • PAN (as allotted by Income Tax Deptt) will be printed in the Certification of Incorporation, and TAN will be separately communicated to the stakeholders by email
  • The new version of SPICe form for all fresh incorporation applications w.e.f 01 Feb 2017
Request a Free Estimate
Enter Your Information below and we will get back to you with an estimate within few hours
X Close
0