
Indian laws are a combination of civil, criminal and common law principles. The various statutes are enacted at the Central and the State level. Some of the important acts are discussed below.
The present patent law in India is known as The Patents Act, 1970, which has been through various rounds of amendments. Patent applications with product claims as well as process claims have been in force by way of The Patents (Amendment) Act 2005, which is effective from 1st January 2005.
The trademark laws in India provide protection for registered trademarks under the act along with the common law remedy of passing off. The Trademark Act, 1999 came into force with the objective of imbibing any modern developments seen in trading and commercial practices, and continues to move towards rapid globalization and necessary synchronization with the International trade laws for brand protection.
The Insolvency and Bankruptcy Code 2016 applies to, both companies and individuals. It consolidates provisions of the current statutory framework to set up a common medium for debtors and creditors of all classes to determine insolvency.
The Arbitration Act, 1996 (as amended) governs the arbitration process in India. Any commercial matter comprising of an action in tort arises out of or relates to a contract that can be referred to arbitration.
The mediation process in India is a voluntary process as decided by the disputing parties to find fast and effective dispute resolution.
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Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.
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The patent law in Japan has provisions similar to the patent law in India as discussed here for patent filing.
Doing business in Asia Pacific (APAC) requires regular interaction with lawyers, law firms and business consultants.
Indian law provides provision for dispute resolution by way of International Commercial Arbitration.
Indian Patent Law is defined by various provisions of The Patents Act, 1970, which has been amended since introduction.
Arbitration Agreement in India In certain situations, the arbitration agreement signed by two or more parties may be applicable to a non-signatory to said arbitration agreement. There have been various