Contrary to what most people believe, lawyers do not spend every day in court. Some lawyers do not ever have to enter a courtroom. They spend their time with tasks that are centered on representing their clients. A lot of time is spent researching law and preparing legal documents. Lawyers also provide legal advice and many provide consultations before being hired by a client. There are also lawyers who argue cases in a courtroom, but that does not typify the majority.
A mark cannot be register in India as a trademark if:
- The mark is likely to create confusion in general public;
- The mark is likely to deceive the public as being similar to an established brand;
- Any mark which can hurt or affect the religious beliefs of any class of people;
- Mark is prohibited by Emblems act or resembles any national symbol etc;
- Mark contains obscene or scandalous references;
- Mark demeans another established brand.
Registration of trademark
- Trademark Examination: After the codification of Trademark registration application is done, the Trademark Registrar reviews the application and either accepts or rejects the Trademark.
- Trademark Journal Publication: If the trademark registration application is accepted by the Registrar, the proposed trademark is published in the Trademark Journal.
- Trademark Registration: If there are no objections or oppositions to the Trademark registration application, the registration certificate is prepared and sent to the Trademark applicant, granting exclusive rights to use the mark.
- Trademark Search: The first step is to conduct a Trademark search on the Trademark database. The search can be conducted by a registered Trademark agent or professional.
- Trademark Class: The Trademark application is drafted in accordance with the Trademark class to which the Trademark for goods or services belongs.
- Trademark Filing: The Trademark registration application is drafted in the prescribed format and filed along with the fee for trademark registration with the Trademark Registrar.
- Trademark Application Allotment: A Trademark allotment number is provided within 1-2 days after the Trademark registration application is filed with the Trademark Registrar.
A Trademark Objection is when the Trademark Examiner finds one or more concerns in the Trademark registration application. This means that the Examiner finds the Trademark to be descriptive of goods/generic/laudatory/indicating the quality or nature of goods. A Trademark objection can be raised under Section 9 and 11 of the Trademarks Act. A reply to the Trademark objection needs to be filed within 1 month from the date of objection.
Cyber laws are meant to set the definite pattern, some rules and guidelines that defined certain business activities going on through internet legal and certain illegal and hence punishable . The IT Act 2000, the cyber law of India , gives the legal framework so that information is not denied legal effect, validity or enforceability, solely on the ground that it is in the form of electronic records.
One cannot regard government as complete failure in shielding numerous e-commerce activities on the firm basis of which this industry has got to its skies, but then the law cannot be regarded as free from ambiguities.
MMS porn case in which the CEO of bazee.com(an Ebay Company) was arrested for allegedly selling the MMS clips involving school children on its website is the most apt example in this reference. Other cases where the law becomes hazy in its stand includes the case where the newspaper Mid-Daily published the pictures of the Indian actor kissing her boyfriend at the Bombay nightspot and the arrest of Krishan Kumar for illegally using the internet account of Col. (Retd.) J.S. Bajwa.
The IT Act 2000 attempts to change outdated laws and provides ways to deal with cyber crimes. Let’s have an overview of the law where it takes a firm stand and has got successful in the reason for which it was framed.
1. The E-commerce industry carries out its business via transactions and communications done through electronic records . It thus becomes essential that such transactions be made legal . Keeping this point in the consideration, the IT Act 2000 empowers the government departments to accept filing, creating and retention of official documents in the digital format. The Act also puts forward the proposal for setting up the legal framework essential for the authentication and origin of electronic records / communications through digital signature.
2. The Act legalizes the e-mail and gives it the status of being valid form of carrying out communication in India. This implies that e-mails can be duly produced and approved in a court of law , thus can be a regarded as substantial document to carry out legal proceedings.
3. The act also talks about digital signatures and digital records . These have been also awarded the status of being legal and valid means that can form strong basis for launching litigation in a court of law. It invites the corporate companies in the business of being Certifying Authorities for issuing secure Digital Signatures Certificates.
4. The Act now allows Government to issue notification on the web thus heralding e-governance.
5. It eases the task of companies of the filing any form, application or document by laying down the guidelines to be submitted at any appropriate office, authority, body or agency owned or controlled by the government. This will help in saving costs, time and manpower for the corporates.
6. The act also provides statutory remedy to the coporates in case the crime against the accused for breaking into their computer systems or network and damaging and copying the data is proven. The remedy provided by the Act is in the form of monetary damages, not exceeding Rs. 1 crore($200,000).
7. Also the law sets up the Territorial Jurisdiction of the Adjudicating Officers for cyber crimes and the Cyber Regulations Appellate Tribunal.
8. The law has also laid guidelines for providing Internet Services on a license on a non-exclusive basis.
The IT Law 2000, though appears to be self sufficient, it takes mixed stand when it comes to many practical situations. It looses its certainty at many places like:
1. The law misses out completely the issue of Intellectual Property Rights, and makes no provisions whatsoever for copyrighting, trade marking or patenting of electronic information and data. The law even doesn’t talk of the rights and liabilities of domain name holders , the first step of entering into the e-commerce.
2. The law even stays silent over the regulation of electronic payments gateway and segregates the negotiable instruments from the applicability of the IT Act , which may have major effect on the growth of e-commerce in India . It leads to make the banking and financial sectors irresolute in their stands .
3. The act empowers the Deputy Superintendent of Police to look up into the investigations and filling of charge sheet when any case related to cyber law is called. This approach is likely to result in misuse in the context of Corporate India as companies have public offices which would come within the ambit of “public place” under the Act. As a result, companies will not be able to escape potential harassment at the hands of the DSP.
4. Internet is a borderless medium ; it spreads to every corner of the world where life is possible and hence is the cyber criminal. Then how come is it possible to feel relaxed and secured once this law is enforced in the nation??
The Act initially was supposed to apply to crimes committed all over the world, but nobody knows how can this be achieved in practice , how to enforce it all over the world at the same time???
* The IT Act is silent on filming anyone’s personal actions in public and then distributing it electronically. It holds ISPs (Internet Service Providers) responsible for third party data and information, unless contravention is committed without their knowledge or unless the ISP has undertaken due diligence to prevent the contravention .
* For example, many Delhi based newspapers advertise the massage parlors; and in few cases even show the ‘therapeutic masseurs’ hidden behind the mask, who actually are prostitutes. Delhi Police has been successful in busting out a few such rackets but then it is not sure of the action it can take…should it arrest the owners and editors of newspapers or wait for some new clauses in the Act to be added up?? Even the much hyped case of the arrest of Bajaj, the CEO of Bazee.com, was a consequence of this particular ambiguity of the law. One cannot expect an ISP to monitor what information their subscribers are sending out, all 24 hours a day.
Cyber law is a generic term, which denotes all aspects, issues and the legal consequences on the Internet, the World Wide Web and cyber space. India is the 12th nation in the world that has cyber legislation apart from countries like the US, Singapore, France, Malaysia and Japan .
But can the cyber laws of the country be regarded as sufficient and secure enough to provide a strong platform to the country’s e-commerce industry for which they were meant?? India has failed to keep in pace with the world in this respect, and the consequence is not far enough from our sight; most of the big customers of India ’s outsourcing company have started to re-think of carrying out their business in India .Bajaj’s case has given the strongest blow in this respect and have broken India ’s share in outsourcing market as a leader.
If India doesn’t want to loose its position and wishes to stay as the world’s leader forever in outsourcing market, it needs to take fast but intelligent steps to cover the glaring loopholes of the Act, or else the day is not far when the scenario of India ruling the world’s outsourcing market will stay alive in the dreams only as it will be overtaken by its competitors.
The Information Technology Act, 2000 (also known as ITA-2000, or the IT Act) is an Act of the Indian Parliament (No 21 of 2000) notified on 17 October 2000. It is the primary law in India dealing with cyber crime and electronic commerce.
Secondary or subordinate legislation to the IT Act includes the Intermediary Guidelines Rules 2011 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
The original Act contained 94 sections, divided into 13 chapters and 4 schedules. The laws apply to the whole of India. If a crime involves a computer or network located in India, persons of other nationalities can also be indicted under the law,
The Act provides a legal framework for electronic governance by giving recognition to electronic records and digital signatures. It also defines cyber crimes and prescribes penalties for them. The Act directed the formation of a Controller of Certifying Authorities to regulate the issuance of digital signatures. It also established a Cyber Appellate Tribunal to resolve disputes rising from this new law. The Act also amended various sections of the Indian Penal Code, 1860, the Indian Evidence Act, 1872, the Banker’s Book Evidence Act, 1891, and the Reserve Bank of India Act, 1934 to make them compliant with new technologies.
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It is common to be a little uncertain when attempting to hire a lawyer. Most consultations are free, and this will give you the opportunity to ask questions and determine whether an attorney is the right one for you. Here is a look at some commonly asked questions.
- How long have you been practicing?
- What is your specialty are of practice?
- Do I have a legitimate case?
- How much do you charge and what will I be billed for?
- What do I need to do as your client?
- How often will you contact me in regard to my case?
- Can I call you with any questions I may have?
Problem Solving Abilities– Being a problem solver is one of the root skills of any attorney. People hire lawyers because they either have a problem, or are trying to avoid one. Possessing excellent problem solving skills allows the lawyer to find solutions even when none are immediately apparent.
Not all problems are the same. Problem solving goes beyond good ideas that have worked in the past; it is a skill that allows an attorney to sometimes think creatively, finding solutions that are tailored to meet a client’s particular needs.
Symptomatic Reading– Attorneys will have to read a great deal of material when they take on a client. It may be court documents, witness testimony, contracts, case law, or a myriad of other text. It is easy for anyone to skim over the information and take it at face value. Unfortunately this can prove detrimental to a client.
It takes time to read critically with a deal of skepticism. It is this skill that allows the attorney to read case material symptomatically (critically). It safeguards the client from the repercussions from text that may have been written with things slanted with bias, implied statements, or hidden agendas.
Writing Skills– Having the ability to write well lays a solid foundation for all the documents a lawyer must write such as arguments, contracts, and legal letters.
Written communication is a primary way that information is distributed and recorded.
Clear, concise writing removes ambiguity, making intentions known. The legal system requires most communication to be in writing and has very strict guidelines for accuracy. If an attorney is unable to communicate well in writing, it may result in misunderstandings at the least, and damage to the client at the worst.
Conversation/ Articulation Abilities– Just as writing skills are important, so too are verbal skills. An attorney will find it necessary to shift gears in their verbal communication style. One day they may need to speak in an authoritative manner with persuasive speech during an important trial. The next day a lawyer may need to meet with a grieving widow requiring sympathetic conversation in reassuring tones. Conversation skills are more than just the ability to say the right words. The words also need to be said in the right manner.
General Investigation/Research Skills– Attorneys have to spend hours investigating and researching information for clients. Attorneys must be able to know how to perform research with speed and accuracy, and confidence in the authority of the source.
If they don’t know where to look for the right kind of information, their research may be flawed and inaccurate. If an attorney can’t investigate quickly, they may get bogged down and unnecessarily waste a lot of time.
They also must be able to investigate and interview witnesses or other principals in a case. Research may require the ability to get past gatekeepers and gaining access to important sources of information.
Organization / Management Skills- The legal system in the United States has grown more complex in the last century. A commercial land purchase, for instance that at one time may have been completed on a handshake, now may contain hundreds of pages of documents distributed over time; each one representing stages in the purchase process. Keeping track of all the paperwork demands good organizational skills.
The attorney will also need to possess good time management skills. They will need to stay aware of deadlines, meeting schedules, court dates, and travel itinerary. Even simple cases will require some level of calendared items. Most attorneys will have to balance several of cases at once. This requires a high level of time management and organizational skills.
Corporate lawyers serve one client-the corporation in which they are employed. Small corporations may retain one or two lawyers on staff while larger corporations may have numerous lawyers, each with their own specialty. Typically, corporations like banks, insurance companies, hospitals, retail stores, oil firms, biotechnology companies and manufacturing, energy and communications companies require the full-time services corporate lawyers provide.
A corporate lawyer is also known as In-House Counsel, Staff Attorney, Deputy General Counsel, General Counsel and Chief Legal Officer. Their primary objective is to serve the interests of the corporation, not the owners of the business or the officers who run it. In addition to legal counsel, they may also be called upon to provide business advice. They may practice other areas of law concerning mergers and acquisitions, trademarks, tax law bankruptcy, employment, securities, real estate or international commercial law.
Educational Requirements
To be a corporate lawyer, a juris doctorate degree is required. Most corporations prefer their corporate lawyers receive one from a law school accredited by the American Bar Association. They must also hold an attorney’s license in order to practice law in the state in which they are employed. In addition, to be permitted to represent their clients in a federal court, corporate lawyers must be admitted and approved to practice in each federal court.
Ongoing education is not uncommon amongst corporate lawyers. They frequently attend training programs and continuing education in order to enhance and strengthen their legal skills and knowledge.
An interest in administration and management positions facilitates advancement in the corporate law field. With this type of emphasis, one can become a supervisory attorney, managing attorney, deputy chiefs (second in command), and further promotion to general counsels or chief legal officers. It is possible to progress from one corporation to the next seeking top positions.
A few courses in business administration can improve employability. Often, job opportunities arise through networking with legal peers and other professionals in the industry of choice. Simply contacting corporate law departments and inquiring about job openings is one way of acquiring a job. Even if there are no vacancies, it is still feasible to request an informational interview with the general counsel or another key supervisor. This type of interview is an opportunity to learn more about the corporation as well as to parade personal job skills before the corporation.
Real estate lawyers serve two primary functions in the real estate world. They either act as litigators or handle the legal aspects of real estate transactions. Real estate lawyers deal in real property and mediate real estate transactions gone sour.
Some real estate lawyers are highly specialized, litigating fraud cases such as disclosure fraud and mortgage fraud or concentrating on land use, subdivision and zoning laws. Other areas of expertise can be in residential or commercial real estate.
Educational Requirements
A real estate lawyer must obtain a juris doctorate degree from a school accredited by the American Bar Association along with an attorney’s license through passing the bar exam. Some law schools may provide the option of specializing one’s studies around real estate law. While attending law school, applying for internships with various law firms will help a future real estate lawyer gain the work experience necessary to land one’s job of choice. After graduation, continuing education may be required yearly or every three years as it is so in forty-five states.
Not only are employers seeking real estate lawyers with higher education, but they often require several years of real estate transaction preparation and contract negotiation as well. The American Bar Association has a division known as the Real Property, Trust and Estate Law division. There are also state real estate lawyers associations. Memberships in these not only bring prestige but allow for networking with other lawyers. Through these memberships, new skills and employment opportunities can be gained.
With the variety of problems and issues that can arise in a diverse workplace, employment lawyers, also called Employment Benefits Lawyers, play a key role assisting both employees and employers alike.
employment laws in place to assure fair treatment for employees. Due to the existence of these numerous employment laws, employment lawyers typically specialize in only a few areas.
Employees are fortunate today to have these protective laws in place. Labor rights have been developing since the nineteenth century after the Industrial Revolution. Americans today may take these rights for granted. But employment lawyers are experts in the field who seek to uphold them.
Educational Requirements
An employment lawyers must have a Juris Doctorate degree. It is preferable and may even be required by employers to have a diploma from a law school accredited by the American Bar Association. They must also maintain a valid attorney’s license in that state.
In order to be considered as a candidate for hire, employment lawyers must have one or more years of experience practicing law, preferably employment law. It is difficult to obtain employment law experience when most employers require it for entry. However, working in human resources or personnel departments may improve a lawyer’s initial employability.
Section | Offence | Penalty |
65 | Tampering with computer source documents | Imprisonment up to three years, or/and with fine up to ₹200,000 |
66 | Hacking with computer system | Imprisonment up to three years, or/and with fine up to ₹500,000 |
66B | Receiving stolen computer or communication device | Imprisonment up to three years, or/and with fine up to ₹100,000 |
66C | Using password of another person | Imprisonment up to three years, or/and with fine up to ₹100,000 |
66D | Cheating using computer resource | Imprisonment up to three years, or/and with fine up to ₹100,000 |
66E | Publishing private images of others | Imprisonment up to three years, or/and with fine up to ₹200,000 |
66F | Acts of cyberterrorism | Imprisonment up to life. |
67 | Publishing information which is obscene in electronic form. | Imprisonment up to five years, or/and with fine up to ₹100,0000 |
67A | Publishing images containing sexual acts | Imprisonment up to seven years, or/and with fine up to ₹100,0000 |
67C | Failure to maintain records | Imprisonment up to three years, or/and with fine. |
68 | Failure/refusal to comply with orders | Imprisonment up to 2 years, or/and with fine up to ₹100,000 |
69 | Failure/refusal to decrypt data | Imprisonment up to seven years and possible fine. |
70 | Securing access or attempting to secure access to a protected system | Imprisonment up to ten years, or/and with fine. |
71 | Misrepresentation | Imprisonment up to 2 years, or/and with fine up to ₹100,000 |
72 | Breach of confidentiality and privacy | Imprisonment up to 2 years, or/and with fine up to ₹100,000 |
72A | Disclosure of information in breach of lawful contract | Imprisonment up to 3 years, or/and with fine up to ₹500,000 |
73 | Publishing electronic signature certificate false in certain particulars | Imprisonment up to 2 years, or/and with fine up to ₹100,000 |
74466 | Publication for fraudulent purpose | Imprisonment up to 2 years, or/and with fine up to ₹100,000 |