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13
Feb
17
Private Company Incorporation Fee and Taxes

Company Incorporation is a much-needed process for establishment of any business firm. Business should be in regular interaction with a government department to run business uniformly. This is compulsory for many reasons like fund raising, financial performance, taxation information, etc.

Company registration cost is same in almost all the states in India. But, the cost of stamp duty is high in (Madhya Pradesh, Kerala, Punjab). Stamp duty costs around Rs. 7000 if the capital investment is Rs. 1 lakh but it is Rs. 15000 in above-mentioned states. Basically, this amount depends upon authorized capital.   

Need of Company Registration

The company needs a license to offer certain services. This is a legal norm which is not only followed by a private limited company but by all types of companies. Service tax registration is compulsory to charge service tax from customers. When company’s turnover crosses a certain amount then in selling goods they charge sales tax (requires sales tax registration).Deduction of professional tax also needs registration. Licensing is necessary under Shops & Establishment Act and in Import and Export, you need code of Import and Export.   

Costing of license differs in each state. Most companies hire some expert, but this basically nominal. There is a variation in costing from Rs. 7000 to Rs. 15000 in each state. Costing of this is a one-time affair. 

Mandatory Compliance

Mandatory compliance involves a lot of declaration to Ministry of Corporate affairs. In a new company there are some processes like drafting of the board meeting, filing financial directors, return file and much more. These jobs do not require much of the effort but summing up these activities need a huge effort.

Mostly it cost Rs. 18000. Annually, but it cost more with a local Company Secretary.

Accounting & Auditing

Maintaining Books of account is a regular process for every company. There is a variation in charges according to the entries. Most probably it cost Rs.3000 per month. In Proprietorships and Partnership this process not mandatory but, in private limited company, it is necessary. 

Mostly it costs 3000 a month for accounting and at least Rs. 15,000 for auditing.

Miscellaneous Compliances

Ministry of Corporate affairs keeps track of all the aspect of business. Change in business structure for example, adding or replacing the director or investor. Small Companies do not hire Company Secretary but there are some fees which need to be paid like professional fee or government fee.    

Mostly professional costs from Rs. 1500 to Rs. 2000 and also the government in addition, which vary.

13
Feb
17
Trademark licensing in India

Trademark Licensing is a basic term of authorizing the use of the concerned trademark by another party. Licensing allows others to use the mark without assigning the ownership. This can be done for goods and services covered. It is a term not mentioned in the trademark act as ‘License’. In the act, it is mentioned as ‘Registered User’.  

 Trademark licensing is the feature of authorizing another person or company for making business use of any registered trademark for some specified period of time. It also refers to the transfer of rights were in the actual proprietary rights. In some conditions, only rights related with a registered trademark are given to the licensee. The exclusive ownership of the licensed trademark and many vital and critical rights associated with the trademark.

Types of Trademark licensing

Classical trademark licensing- Licensing under manufacturing products.

Merchandising-Promotion of the sale of goods, it is specially presented in retail outlets.

Franchising-Right is officially granted to offer specific products or services under explicit guidelines at the certain location at a certain period of time.

Why is it better to license?

  • Geographical Business expansion becomes easier by licensing.
  • Benefits is to given to both the Parties.
  • To become more reputed this an effective strategy results in already well-recognised trademark to become even more reputed.
  • Improve brand visibility and other features.

Theory of trademark licensing

  • Principle of Source Indication.
  • Principle of Quality Control
  • Principle of “Connection in the course of trade”

Quality Control

Quality Control is the most important part because you will lose rights over it if you don’t exercise control. Lack of quality control is, in fact, one of the reasons why you could lose. The consumer assumes that the product sold under the trademark will be equal quantity. This means an expectation of the potential consumers.

Key clauses in agreement of licensing

  • The percentage and the consideration in form royalty should be put down.
  • This must mention quality control clause that indicates established standard of use of the trademark.
  • It should broadly include grounds on which licensor can terminate the agreement.
  • The granting clause that includes the nature of the property, the trademark licensed, a geographical territory, the term of the agreement etc. should be clearly laid down.

Difference between Licensing and Assignment of Trademarks

Both of them are means of exploiting the registered trademark commercially or financially. It is basically time-bound agreement which authorizes another person or company for usage of concerned.

 It is mainly for the purpose of deriving regular royalties from the licensee or authorized user whereas the assignment of a trademark is selling permanently the exclusive ownership over the registered trademark together with all legal rights attached to it.

  • Licensing may not require written form whereas the assignment deed is mandatory in written
  • Licensing is usually for a limited period of time whereas the assignment of the trademark is generally perpetual.
  • Licensing do not necessary require any record with the registrar whereas in the assignment of the trademark must be recorded with the trademark registry.
  • Only some are given to licensee in Licensing whereas in the case of the assignment of a trademark, all exclusive rights related to a registered trademark are handed over to the new owner forever.

Licensing means granting permission to the owner agreed on mutual terms and conditions. Depending upon the principle company can have trademark license whether it is the quality control or Source indication.

13
Feb
17
Intellectual Property law in SAARC

Intellectual property law (IP law) is the law that deals with rights under the protection of those who creates original work. This involves trademark, patent, copyright. These laws are made for the encouragement of new technology and inventions. People know that their creative work will be protected. They create jobs, develop new technology, make processes more efficient, and create beauty.

South Asian Association for Regional Cooperation (SAARC)  is the intergovernmental union in south Asia. It is a geopolitical organization to promote mutual progress and development between amongst the seven members India, Pakistan, Bangladesh, Bhutan, Nepal, Sri Lanka, Afghanistan, and Maldives. Main aim of SAARC countries is to promote welfare economics and self-reliance. 

Patents in SAARC countries

Most of the SAARC countries have patent protection in order to provide protection in innovation. This protection are provided according to certain rules and regulation in the respective countries. There has increased in the norms of the countries. Improvements in technology and economic reforms have helped them evolve more.   

For more information about Intellectual Property law visit http://knowledge-base.registrationwala.com/ipr-services

09
Feb
17
Types of Trademark application

Trademark is a design to protect the intellectual property. Trademark is like a standard signature which shows the first impression in the market. Trademark registration is a good option for all the company to register its trademark. Trademark can be a logo, symbol, or word which let you stand differently in the market. Trademark act is a legal act under which all the rules and regulations are followed.  

Process involved in Trademark application

Once the trademark search is over application filing can be done. The application should fill in the prescribed manner with the processing fee. The application can be filed in Registrar office having jurisdiction over State or Online. Following things must be there in the trademark application.

  • Trademark Logo
  • Name and address of the trademark owner.
  • Classification or Trademark Class
  • Trademark used since date
  • Description of goods and services.

 

Trademark Allotment Number

Once the application is filed in the trademark office than the allotment no. is provided within one or two days. It can also be tracked online with the online facility. Obtaining a trademark allotment number can affix the TM symbol next to the logo.

Vienna Codification

Once the application is filed then the process follows Vienna agreement which was passed in Vienna agreement 1973.It was classification based on figurative elements of the mark.

Trademark examination

Once the Vienna codification is fulfilled then trademark will be allotted to the trademark office in Registrar office. Officer will review its correctness and issue trademark examination report. Trademark officer has the ability to accept the Trademark application.

Trademark Application in journal

After the examination from the officer, the trademark will be published in the journal. It is published weekly taking all the trademark accepted by the registrar. Once the trademark has been published the public will and have the opportunity to object trademark. If no objection in 90 days then it will be considered registered within 12 weeks. In the case of any problem that any damage will then it will not be accepted.

Types of application

Ordinary Trademark Application- These application is generated for a single class of goods and services. This application is formed with FormTM-1 with the processing fee.

Multiple Trademark Application-These applications are generated for multiple classes of goods and services. This application is formed with FormTM-51 with the processing fee. In this filing of a single application is done for different classes of goods and services.

Convention/Priority trademark Application-In convention application claim of priority is claimed from convention country. Its special provision is embodied in relation with the citizens of convention countries. In statutory provision, it is stated that where a person has an application for trademark registration in a convention country thereafter make registration of application of trademark within 6months from the date made in a convention country.     

Paris Convention for protection industrial property

 This convention was signed in Paris, France. It offers the national treatment to the applicant residing in the member country of the union convention. This is important to achieve the fundamental concept of Paris and for equal treatment.

08
Feb
17
Difference between Copyright and Patent

Copyright and Patent seems to be similar but they are different. Both of them have its different importance in business. People sometimes get confused by the term used by some intellectual property. We can say that both of them are from the same family of intellectual property. 

There are some points which can help to differentiate between Copyright registration and Patent.

Point of View

Ideas coming in mind cannot be copyrighted. A person owns an asset with legal evidence and public notice of ownership. An individual can take this matter to court for infringement of copyright provided one has the papers in place. Whereas Patent is a right, granted by the government, to exclude others from making, using, or selling your invention.

Protection

Copyright is an idea which means a form of protection conferred to the creator of original work, which excludes others from using the work. Whereas Patent defines proprietary rights endowed to the inventor in which making, utilizing or trading of the invention is excluded.

Values

Copyright contains moral values or expression of right and economy. Economic rights include the right to copy or publication a work or any substantial part of asset. Moral rights include the right to the integrity of the work and the right to be listed as its author (though this is subject to certain limitations).The patent is a moral idea for Inventors and designers for filing patents. A patent protects inventions with a new or improved function.

Product

Sometimes a product can come into one or more of these categories. The code of the software will be protected by a copyright, whereas the functional expression of the idea will be protected by a patent.

Copyrights reserve the creative work of the artist. It also protects the ornamental design of products which can overlap whereas Patents are closely associated with things and processes that are useful in the real world. These two legal protections overlap when functional objects of distinct objects embody a distinctive or pleasing visual appearance.

 

Complexity

Protecting an intellectual property is a very complex process that evolves with each step of the life cycle. During its innovation, research, or development. A single product can have a patentable feature, whereas a creative angle protected by copyright and a source of the product that is trademarked.

Mostly probably patents are closely associated with things and processes that are useful in the real world. But copyrights protect expressive arts such as novels, fine and graphic arts, music, phonorecords, photography, software, video, cinema, and choreography.It is possible to get a patent on technologies used in the arts.

Registration

A copyright is automatically registered does not require any formality. But in the patent, there are some formalities which are needed to be fulfilled.

Excluding people

Copyright excludes others from copying or trading the product and patent excludes others from manufacturing or using the product.

Act

Copyright follow Indian Copyright Act, 1957 and patent follow Indian Patent Act, 2005

Time Period

Copyright is valid for the lifetime whereas Patent is provided for the limited period of time.

07
Feb
17
Benefits of Start-up India Scheme

Start-up India is the plan launched by honorable P.M. Shri Narendra Modi. This plan enables to create an ecosystem to promote and nourish entrepreneurship. The scheme is based on an action plan aiming at the promotion of financial bank for start-up ventures and to boost entrepreneurs.

Start-up is an entity registered in India. Start-up is the company which is not older than 5 years and its annual turnover should not exceed 25 Crore. It works towards innovation, development, deployment or commercialization of new products driven by technology or intellectual property. Such an entity is not formed by splitting up, or reconstruction, of a business already in existence.

Start-up's aim is to develop and commercialize which creates or add value for customers or workflow. Here are some features which have benefitted to entrepreneur

Features in Start-up India

Income tax provisions in Start-up India

This exemption is available for first three years. Start-up will be eligible for tax benefits only if the certificate has been obtained a certificate from the Inter-Ministerial Board.  

Self-certify compliance

Start-up is allowed to self-certify the compliances with labor and environmental laws.In labor law, no inspections will be conducted for a period of 3 years.  Inspection can be on receipt of a credible and verifiable complaint of violation. In environmental laws, will follow white category.

Start-up India Intellectual Property Protection scheme(SIPP)

This scheme provides fast-tracking of patent applications. A panel of facilitators to assist in the filing of IP applications. The government will bear the cost of such facilitation and rebate on the filing of patents.

Mobile application and web support

The scheme also provides on-the-go accessibility for Start-up's registration, tracking the status of registration, filing for compliances, Start-up collaboration with various Start-up ecosystem partners and for applying for various schemes under the Action Plan.

How tax benefits can be availed in Start-ups

Addition in value: Value added in the product and customer.

Solution to the problem: Start should be available to solve certain problems of the society. Points should be clearly mentioned.

Working with Business Model: Start-up should be according to the particular business model about Business model otherwise, incubators may be rejected.

Recommendation letter –This application is needed from certain authorities. Authorities can any incubators established the post-graduate college in India, incubator which is funded from Central or state government.

Step to get Recommendation letter

  • Easy task: You can Directly reach out to the incubators via email or phone and to tell case correctly.
  • Startup application filling: After you are connected, the incubators will send you the application form which you need to fill out properly along with the necessary documents.
  • Visit the incubators: possibility that incubators may call you for the meeting, and you may have to visit it personally.
  • Business should be working: Business model is, it should be working model. Proposed business will not be considered by incubators.
  • Fees: The incubators may charge you Rs.5000. If your application has been taken up by an expert panel, then the cost will further increase by Rs.5,000/-. This will not be more than Rs.10,000/- in any case.

Start-up is the fast-growing business that aims to meet a marketplace need by developing an innovative product or service. Start-up India has given an opportunity to many young youths to bring their business idea into the application. This scheme is a success and has given many benefits to entrepreneur and other people. 

 

06
Feb
17
New procedure of Company Registration in India

Company registration is the process for the establishment of any company. Company registration and Company incorporation are the similar terms. Registration is a formality for any business. This formality is necessary to open a company. Opening a company with vision is not an easy task. Business expansion needs a registered firm. There are guidelines to be followed to form a fully formed company .These guidelines should be followed to run a business smoothly.

People involved in the company should have 2 directors and shareholders. Both of them can be same.

Now company can be registered in a single day

Company registration can be done in a single day without wasting precious time. People can register a company in a day as the government has taken initiative. This process involves the process with the automated system, which is less time consuming compared to the manual system.

Registration can be done on www.mca.gov.in

Here are some Documents needed to Register Company in Delhi

  • Copy of Pan Card.
  • Copy of ID proof(Voter id , Aadhar Card, Passport, DL)
  • Copy of Address proof(Electricity bill, Phone bill documents should not be older than 2 months)
  • Apply for the DIN(Director identification Number) .
  • Digital Signature Certification(DSC) registration of the directors.
  • Check Company name and fill and at least 4-5 Company name.
  • File e-forms to ROC regional office on MCA Website like SPICe form.
  • Pay ROC Stamp Duty.
  • Confirm and Verify through a website.
  • Issue a Certificate of your company.

What is SPICe?

Simplified Proforma for Incorporating Company Electronically(SPICe) notified fourth amendment rule 2016. In this form, INC-32 along with MOA in a company can be incorporated, e-form INC-33 and AOA in e-form INC-34.It is an amendment which has been introduced by MCA of pre-drafted MOA and AOA electronically. The major changes were brought in 2015 where the incorporation is by filling E-form INC-29 as against the 5 forms. (i.e. DIR-3 for application for obtaining DIN, INC-1 Company name approval, INC-7 for Company registration with MOA and AOA, INC-22 for registered office address and Form DIR-12 for first directors of a company) filed before the change. Due to this change, the whole process of incorporation has summed in a single form.

Advantages of Registering a Company

It is a smart choice for any business that a company should take all the benefits with the condition of the market. Registration of business makes an addition to these benefits. Certain liability like taxation is easy to manage when the firm is a registered one. Brand enhancement is the key role of any company which is an addition to the profit of any company. You might be aware of these points. 

  • Availability of easy loans.
  • Standard reputation is maintained.
  • Easy to establishment of business bank account.
  • People take interest in company’s work.
  • Ensure whether a name of your choice is registered or not.

Think before you register   

  • Rules and Regulations create barriers.
  • The Company ears an extra cost on this process.
  • Legal troubles like compliance burden increases.

•          Heavy spending on Minimum viability of the product

03
Feb
17
Why should people Choose Nidhi Company?

Nidhi Company comes from the Hindi word Nidhi which means “fund”. Nidhi companies are registered under Companies Act, 2013.These companies can be called a habit of savings between the members of the company. Company consist of investment structure consists of realigning funds within a growing group of the member who benefits from the returns at fixed duration.

 Nidhi company is similar to NBFC. It refers to any mutual benefit by Ministry of corporate affairs. These companies have been incorporated with the aim of utilizing money in a best possible manner and savings amongst its members, receiving deposits from and lending to its members only for their mutual benefit. Nidhi companies are also called mutual benefit societies because their dealings are restricted only to the members.

Features of a Nidhi company

  • Company’s work is to borrow and lend money. This can only be done between members.
  • Deals are restricted between the members and membership is limited to individuals.
  • The loan can be approved and deposits can be accepted between its members.
  • Entry can into any partnership arrangement in it’s borrowing and lending activities.
  • Companies do not require to conduct any activities related to chit funds, leasing, hire purchase.
  • The company is are highly localized and mostly single office institution.

Benefits of Nidhi Company

  • It is the cheapest and easiest form of NBFC and can be easily formed.
  • It is a Secured means of investment.
  • Lower and middle-class savings are promoted.
  • External involvement or accept deposits are not required.

Requirements to form a Nidhi Company

  • Digital Signature Certificate(DSC) of all the Directors.
  • Director identification Number-DIN of all the Directors.
  • Copy of a PAN card
  • Copy of Id Proof(Aadhar Card, DL, Passport, Voter id)
  • 2 Passport size photograph.
  • Proof registered office address (Electricity Bill, Phone Bills,etc.)
  • Proof registered rented office address(Bills and Rent Agreement with rent receipt).

Registration process of a Nidhi Company?

  • Initial process-DSC and DIN are applied for filing the registration documents and form is filled.
  • Verification and Approval of the Name-Reservation of the company name are done in this process.
  • Prepare appropriate MOA and AOA.
  • Make the application of incorporation.
  • RBI approval is not necessary for the registration.

Term and Conditions in Nidhi Company

  • The company requires a minimum of 3 directors and 7 members including subscribers for incorporation.
  • The company should have at least 200 members or shareholders within a particular time period from its commencement.
  • Net owned funds should be minimum Rs 10 lacs or above.
  • There should not exceed of 20times from its net owned funds.
  • Nidhi company can only issue right shares.
  • Nidhi Company should allow any new preference share anytime.
  • Another company can be acquired by purchase of securities or controls composed of the board of directors other companies.
  • The company cannot pay any brokerage or incentive for mobilizing deposits from members.

According to the government law, Nidhi Company is governed by Nidhi rules.These companies are incorporated under the nature of a limited company. These comply with two rules one under Companies act, 2013 and Nidhi Rules 2014.Nidhi Company provides the benefit of the mutual fund, Permanent fund etc.

02
Feb
17
Difference between LLP and Sole Proprietorship

Limited liability and Sole Proprietorship are the two different aspects of business .Before starting any business an entrepreneur should keep in mind what should he/she prefer so that his/her business grow positively.

Here are some points which help you to define difference between LLP and Sole Proprietorship

Description

Limited liability partnership is a business entity in which partners have limited liability and have a separate legal entity.LLP also provides the flexibility of internal structure .Any misconduct in the business is not the responsibility of one person .

Minimum 2 members are compulsory and Maximum 20 members can be there.

Sole Proprietorship, only one person can be the member and it does not have a separate legal entity. There is no legal distinction between business and the Owner. Owner is responsible for all losses and profits.    

Choice of Name

In LLP promoters can provide the name  and get it approved by the Registrar of the Company. Approval is given to only those name which are non-objectionable.

Sole Proprietorship names can be chosen by promoters .No approval is needed regarding usage of the name. But it is preferred to avoid trademark names. 

Registration

LLP has to be registered with Registrar of Company and Certificate of Incorporate has to be issued.

Sole Proprietorship, there is no need of Registration. A sole proprietorship does not require any formality which is there in the LLP. Business can be opened whenever owner wants.Sole proprietorship requires less paperwork.

Participation

In LLP foreign nationals can take part in a partnership which follows RBI guidelines. In these, at least 1 member has to be Indian Resident.

In Sole Proprietorship there are no such made regarding participation .

Applicable Acts

LLP was passed under partnership act 2008 which contains all the rules and regulations.

 In Sole Proprietorship needs no act has been passed.

Taxability

LLPs tax rates are charged 30 % in addition to the service charge.

In Sole Proprietorship tax slabs are applicable according to the personal income.

Control and liability

 LLP is organized in according to the state laws. LLPs have control over business management in partnership.Task and obligations are divided based on the partnership agreement. The agreement includes the division of costs and profits. this type of business entity helps shield the owners' personal assets from attachment to satisfy debts of the business.

 In Sole proprietor person has complete management control over business.

Audit

In LLP firm is audited if there is a contribution of 25,00,000 and turnover crosses 40,00,000

In Sole Proprietorship, an audit is not applicable.

In LLP business partners frame their business idea and then apply all the formalities required for DSC-Digital Signature Certificate, DIN-Director Identification Number, Consent letter and subscription letter. 

These formalities are not required Sole Proprietorship Business.

02
Feb
17
Why should entrepreneurs prefer one person company?

One person Company is a new venture for Start-ups .OPC can be formed by a single person. This concept which was proposed under the Companies act 2013.Person gets privilege to form a company by making a combination of sole proprietor and entrepreneur. OPC is a hybrid structure of the combination of many benefits of limited liabilities.

OPC is a new concept which will take around few years for expansion between its audience. By the time this will be common between the public then it will have a rapid explore. OPC is an opportunity for those who want to take their business on an international level.

In OPC investors have to deal with only one member which do not create any disturbance amongst idea of Business. The concept of OPC is a success in many of the countries Outside India where people have given their business a drastic growth.  

Advantages of OPC

  • Only 1 person can be director or shareholder.
  • Easy to manage continuity and incorporate.
  • Easy to transfer to another person.
  • No professional qualification required to become a director.
  • Confidential sense is provided towards customer and suppliers.
  • Lesser compliance cost.
  • Separation of juristic person and legal entity
  • The company is kept uninterrupted until it is dissolved.
  • Access to credit, bank loan, market, etc.

Steps to form OPC

  • Obtain Digital Signature Certificate.
  • Obtain Director Identification Number.
  • Select the name and make an application to the ministry of corporate affairs office name availability.
  • Sign and file various documents including MOA-Memorandum of association & AOA- Articles of Association with the Registrar of Companies electronically.
  • Pay the Requisite fee and Stamp duty to Ministry of Corporate Affairs.
  • Collect Receipt of Certificate of Registration/Incorporation from ROC.

Disadvantages of One Person Company

  • Setting up an OPC is not an easy task.
  • More Formalities are required as in the comparison of other forms Private Company.
  • Investment in the shares and securities of the corporate which is not a good part for OPC.
  • OPC cannot be converted into the public company or a private company once it has been incorporated.
  • Higher tax rate which causes disinterest to form OPC.

One person company encourages small scale businessman to form company and expand it on a larger scale .OPC has given many entrepreneurs a chance to form their company and built their business with their own name being the director of the company. Business growth is the agenda of every company.OPC keeps the audience confident about the brand. 

27
Jan
17
Why do people need ISO Certification?

ISO is an international body for setting standards which is promoted worldwide. These standards are based on proprietary, industrial and commercial products. ISO gives you many advantages which lead to business progress and availability of customers with maximum regularity.ISO is also the most trusted brand organization on which people have faith.  

Every Business which is having a standard image in the market which follow norms which according to ISO Certification. Capital spends on the certification is a reasonable investment. Improvement features can easily be implemented with demonstrable skills.

 Benefits of having an ISO Certificate.

  • Lesser costs on products with a possibility of improved system and processes.
  • More satisfied customers with the increase in the regularity and branding through improved safety, quality processes.
  • Access in the new marketplace, through the assurance of the compatibility of products and services.
  • Reduction of impact on the environment as multiple testing is done on the product that increases sustainability and then reaches to the customers.

Commonly used Standard Measures by ISO

ISO 9001 - Quality Management Standards

ISO 18001 – Healthcare safety Standards (currently OHSAS)

ISO 14001 - Environmental Management Standards

ISO 27001 - Information security Standards

ISO 20121 – Event Sustainability Management Standards 

Perspectives on which Standard measures are formed

Consumer perspective

ISO has over 21000 standards touching almost all aspects of daily life. Through, these standard measures people are confident that they are safe, reliable and are of good quality. For example, ISO's standards on road safety secure medical packaging are just a selection of those that help make the world a safer place. To make sure that the benefits of International Standards are as broad as possible, ISO supports the involvement of consumers in standard development work with its Committee on consumer policy. International Standards are checked with respect to air, water, quality of soil, emissions of gasses and radiation contribute to efforts to preserve the environment and the health of the citizens.

 Government perspective

ISO standards draw on international experts and experience and are therefore a vital resource for governments when developing a public policy. National governments can use ISO standards to support public policy, which has a number of benefits, which includes:

Expert opinion by integration of an ISO standard into national regulation, governments can benefit from the opinion of experts without any direct call to the services. Many governments, follow these instructions so integration into national regulation ensures that requirements for imports and exports are the same all over the world , therefore facilitating the movement of goods, services and technologies from country to country becomes easy. Barriers to world trade are removed by providing the technical basis on which political trade agreements can be put into practice.

How to apply for ISO certification?

Selection of Registrar-Registrar should be having an experience within the scope for which trademark is to be formed. Accreditation, fee, and scheduling should be kept in mind. Qualification of the registrar should be strictly considered.

Creation of an ISO application-When the registrar or the company will agree on the contract then ISO application should form which should include right liabilities and access.

Conduction of Quality document Review-Review of the application is done according to the quality manual. This process takes around 2-4 weeks.

Determination of Preassessment need- Before actual assessment this is needed which saves time. It is an initial review of the quality management. All the deficiencies are corrected.

Issue an ISO agreement - Auditing is done and it is also the scope dependent process which includes

  • Opening meeting
  • Brief tour,
  • All of the Review
  • Examination
  • Closing Meeting
  • Issue of audit report

Completion and Checking- This is done for the maintenance of the system. Regular surveillance is done according to the need.

ISO registration costs in 3parts

Contract with registrar- In this registration depends upon the organization. Charges are charged according to the audit date. The quote can be generated according to the need. Costing depends upon

  • Auditor’s fee
  • Application fee
  • Initial assessment
  • Certification audits
  • Surveillance audits

Initial cost-It is the fee for the time and work which required all the operations and examination.

o    Learning about ISO

o    Gap Analysis

o    Project Planning

o    Training of Employees

o    Quality Management System documents and its implementation

o    Quality Manual

    Procedures/Work Instructions/Flowcharts

    Forms/Records

    QMS audit

    Registration

    Interview Auditors

 Outside help –  Fee of consultant and purchasing of tools to help you with the project. Hiring a consultant is not mandatory.

Disadvantages of having ISO certification

  • Creativity of the element is removed.
  • Decrease in productivity because of irregular action.
  • Bugs of the product are to be removed separately which consumes extra time.
  • Extra formality which increases the workload.

International organization for standards has almost the features which follow all the norms which can be satisfied by almost the entire customers.ISO standard is a sum of all measures which are needed to keep sustainability of the products and increase profits and expansion.

25
Jan
17
Different Types of Patent Applications in India

The Patent is a word which originates from the Latin word Patere, which means "to lay open". It is an exclusive right given to the inventor or any company for the limited period of time in exchange for a disclosure. This type of intellectual property can be called a non-obvious process of different types product or any logistic.

 This is a legal right to exclude the right of others. Patents are the form which makes the products more attractive towards the audience which may increase demand for more goods when the patent has been applied for your product.  Any product can have the patent depending upon the demand in the market and copyright reservation of it.

Different types of products can have their patents in following forms.

  • Ordinary Application- This is the first application for patent filed in the Patent Office without any claim for application priority or without any reference to any other application. The applicant gets a particular period of time for the development. Expense spend on this application is not much of a higher rate. International application can be claimed easily
  • Convention application- Application of claiming a priority date based on the same or substantially similar application filed in one or more of the convention countries. Applicant should apply for convention status within 12 months from the date of first application in the convention country.
  • Patent Cooperation Treaty (PCT) - This application is an international patent law in which unified procedure are followed to protect invention.

There are two types phases on which applications are formed

  1. PCT- International Application -The Patent Cooperation Treaty is an international agreement for filing patent applications. It does not provide for the grant of an international patent, streamlined process is provided for the patent application. In many countries, the process is at the same time.
  2. PCT -National Phase Application- This application must follow the international phase. The applicant must file a National phase application in every country he wishes to enter. Entry in 138 countries can be done within 30-31 months (depends on the laws of the designated countries) from the international filing date or priority date (whichever is earlier).
  • Application for Patent of Additional/Divisional
  1. Application for Patent of Addition- This application is made if any modification in the described patent. It should be something more than a mere workshop improvement and must independently satisfy the test of the invention.
  2. Divisional Application-This application is one which has been "divided" from an existing application. The Applicant can file the application before granting of the patent. Claims are disclosed in the complete specification related to more than one invention. It can only contain subject matter in the application from which it is divided but retains the filing and priority date of that parent.

Benefits of having a Patent

  • Invention rights cannot be copied by other competitors.
  • Protection for a pre-determined period keeps other companies at the indentation.
  • Expansion in the market share and more gain on margins.
  • The Unique image in the market is formed of the product.

Why we should not use patent?

  • The Patent application reveals some of the technical information and it is publicly available.
  • The Patent application is a time-consuming process and also increases expense.
  • Extra hectic to pay the annual fee if by chance not paid then need to pay extra charges.

A Patent can be treated as a copyright which has similar features in it which gives the complete right to the owner to own the product. Any legal action can be taken against the person who has copied the patent. So, the patent has many advantages and some disadvantages as well which help any product to flourish.  

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