Posts

Showing posts from September, 2012

Review of FDI Policy 2012

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:

Takeover Code Zoom Lens: R Systems International

Image
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 on April 13, 2000, its name changed to R Systems (India) Limited pursuant to the conversion of the Company into public limited company. Further, w.e.f. August 7, 2000, the name of the company was further changed to its present name i.e. R Systems International Limited. The company’s primary focus is to provide full service IT solutions, software engineering services, technical support, customer care and other IT enabled services to the high technology sector, independent software vendors (ISV's), banks, financial services companies, telecom, insurance and health care sector.…

FEMA: Transfer of Shares under FDI

Image
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

RIGHTS OF TRADEMARK/ REGISTERED BRAND OWNER : IPR

Image
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.

Supreme Court Judgment: Sahara vs SEBI

Image
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 was collected from about…

TRADEMARKS INFRINGEMENT IN INDIA : IPR

Image
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 to increased business…