Corporate Professionals Blog

The Government of India in order to boost up the slowing economy has unleashed a series of reforms related to foreign direct investment policy. On one side a bold decision was taken as to opening up of FDI in Multi Brand Retail Chain and on other side a much needed respite has been provided to Aviation Industry by increasing FDI limits. Though the reform process has been initiated, let’s see how far the Government goes to put the Indian economy back on track. The necessary details relating to liberalization of FDI policy has been briefed out below:

Case Detail:                       Takeover Open Offer of R Systems International Limited Target Company:               R Systems International Limited Acquirer :                            Mr. Bhavook Tripathi Industry:                             Software Development Merchant Banker:             KJMC Global Market (India) Limited Target Company: R Systems International Limited was incorporated on May 14, 1993 as a private limited company under the name R Systems (India) Private Limited and o...

In terms of Section 2 (ze) of Foreign Exchange Management Act, 1999 "Transfer" includes sale, purchase, exchange, mortgage, pledge, gift, loan or any other form of transfer of right, title, possession or lien. Mr. Pankaj Singla Sr. Associate +919971508320 pankaj@indiacp.com Transfer of shares by a person resident in India to person resident outside India, as well as the transfer of shares by a person resident outside India to a person resident in India is a capital account transaction. In terms of Section 6(3) of the Foreign Exchange Management Act, 1999, RBI has the power to make regulations to prohibit, restrict or regulate the transfer of shares. Find Here Our Article on  VENTURE CAPITAL FUND and ANGEL FUND

TRADEMARK OWNER?  KNOW YOUR RIGHTS Registering of a Brand under Trade Marks Act, 1999 has its benefits for protecting the brand, the goodwill as well as the brand owner. Registration of the brand with the Trade Marks Registry establishes proprietary/ownership rights in the mark for the owner of the brand. The Act as applicable in India, provides the registered owner (proprietor) an exclusive right to the use of the Brand in relation to the goods or services in respect of which the brand is registered. This apart, the proprietor obtains amongst other, a right to institute proceedings for infringement of his brand in case of the use of the brand by some other person and for same or similar goods or services.

The Supreme Court on 31st August, 2012 in its most anticipated judgment of recent times has directed the Sahara Group and its two group companies Sahara India Real Estate Corporation Limited (SIRECL) and Sahara Housing Investment Corporation Limited (SHICL) to refund around Rs 17,400 crore to their investors within 3 months from the date of the order with an interest of 15%. The Supreme Court while confirming the findings of the SAT has further asked SEBI to probe into the matter and find out the actual investor base who have subscribed to the Optionally Fully Convertible Debentures (OFCDs) issued by the two group companies SIRECL and SHICL. Ms. Deepika Vijay Sawhney Partner +919818316936 deepika@indiacp.com Background: Earlier SIRECL and SHICL floated an issue of OFCDs and started collecting subscriptions from investors with effect from 25th April 2008 up to 13th April 2011. During this period, the company had a total collection of over Rs 17,656 crore. The amount w...

In this article, we discuss the concepts of trademarks infringement and passing off as they exist. In our earlier articles, we have discussed topics varying from basics of trademarks, to its attributes, search before registration and its types and classes. A BRAND when registered as TRADEMARK is said to be infringed when a person, other than the registered owner/proprietor of that Brand, uses the brand name (either identical or similar to the registered Brand/Trademark) in relation to the same goods or services for which the Brand is so registered under the Trademarks Act. In other words, Trademark Infringement is the violation of the rights of a registration holder over his Brand (whether in form of words, name, logo, design, tag line etc.) by use of another without any authorization whatsoever. Read another post titled Assignment and Licensing of Trademark in India One can say that Trademark infringement cases have become a commonplace activity these days owing...