Pandey Associates

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Commercial contract dispute claim :

Monetary claim

INTELLECTUAL PROPERTY LAWS

There is a well recognized statutory, administrative and judicial framework to uphold intellectual property rights ("IPR") in India, whether they relate to patents, trade marks, copyright or industrial designs. Well-known international trademarks have been protected in India even when they were not registered there. The courts, under the doctrine of breach of confidentiality, have accorded an extensive protection to trade secrets.

India is a signatory to the agreement on Trade Related Aspects of Intellectual Property Rights ("TRIPS"), which came into force on January 1, 1995 as part of its acceptance of the GATT regime under the WTO. Indian laws protecting IPR are in line with the minimum standards for protection and enforcement as laid down by TRIPS.

Intellectual Property Regime in India

  • Trade Mark
  • Copyrights & Related Rights
  • Patents
  • Designs
  • Geographical Indications
  • Semiconductors Integrated Circuit Layout-Designs
  • Trade Secrets
  • Plant Variety Protection

INTELLECTUAL PROPERTY LAWS

Keeping in line with the international trends on helping financial institutions recover their bad debts quickly and efficiently, the Government of India has constituted thirty three Debts Recovery Tribunals and five Debts Recovery Appellate Tribunals across the country.

The Debts Recovery Tribunal (DRT) enforces provisions of the Recovery of Debts Due to Banks and Financial Institutions (RDDBFI) Act, 1993 and also Securitization and Reconstruction of Financial Assets and Enforcement of Security Interests (SARFAESI) Act, 2002.

Under the Recovery of Debts Due to Banks and Financial Institutions (RDDBFI) Act, 1993 banks approach the Debts Recovery Tribunal (DRT) whereas, under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interests (SARFAESI) Act, 2002 borrowers, guarantors, and other any other person aggrieved by any action of the bank can approach the Debts Recovery Tribunal (DRT).

Debts Recovery Tribunal are located across the country. Some cities have more than one Debts Recovery Tribunals. New Delhi, Chennai, Kolkata and Mumbai have three Debts Recovery Tribunals. Ahmedabad and Chandigarh have two Debts Recovery Tribunal (DRT) each. One Debts Recovery Tribunal has been constituted at Allahabad, Aurangabad, Bangalore, Coimbatore, Cuttack, Earnakulam, Guwahati, Hyderabad, Jabalpur, Jaipur, Lucknow, Madurai,Nagpur, Patna, Pune, Vishakapatnam and Ranchi.

Arbitration Dispute Resolution India

Arbitration is a legal term, which is used to describe a process to settle disputes between two or more than two parties. People who are appointed to settle this dispute is well known as "Arbitrators". This Arbitration process could be judicial or non-judicial. The matter is solved in the arbitration court which is also well known as arbitral tribunal. Sometimes the tribunals are tripartite and have tree arbitrators. It is always advisable to appoint expert arbitrator in case of any technical case. The judgment and decision of the arbitrators after a judicial practice, taking into consideration all the evidence or proof, is well known as "Award". It is final and binding between the parties.

Arbitration is a dispute resolution procedure, which is an alternative to try your dispute in the court system with a jury and judge. This is a settlement technique in which a third party reviews the case and imposes a decision, which is legally binding for both sides. Today, Arbitration dispute resolution has become a popular way to identify the root cause of a problem and to build a solution strategy. If you have a dispute with securities professional or a security firm, firstly, you should try to resolve it with the firm.

Review your client account agreement to determine whether you have agreed to procedures regarding dispute resolution. Most client account agreements need the investor to take any dispute to arbitration, and not directly to court. We assist our clients with resolution of disputes in all areas of general and special practices, including commerce, industry and finance. Our highly qualified & experienced attorney make an effort to prevent disputes by ensuring proper documentation and by tactfully handling the case/ dispute etc. Our Law Firm strives to achieve the best commercial results for its clients. The law firm's attorney are highly qualified and has dealt with hundreds arbitration & conciliation in India.

The Areas of expertise are:

  • Negotiation
  • Conciliation
  • Preparing and presenting the case before arbitrator
  • Domestic and International Arbitration
  • Enforcement of Awards