Advocate Abhishek Saini

Questions Answered by Advocate Abhishek Saini

Q: Jurisdiction for consumer case

Sir if a person from Delhi purchase from Jaipur (RAJ) in below the bill is mention Subject to Jaipur Jurisdiction only and there is monetary dispute of Jaipur party can i file case in Delhi consumer court thank you in advance for your reply

Advocate Abhishek Saini answered
Sir if a person from Delhi purchase from Jaipur (RAJ) in below the bill is mention Subject to Jaipur Jurisdiction only and there is monetary dispute of Jaipur party can i file case in Delhi consumer court Since you purchased the good in Jaipur and not in Delhi, therefore you can file the suit only in Jaipur and not in Delhi.

Q: How can I get copyright of my website

I recently designed a website and I am really confused what are the laws regarding copyright in case of a website. Does we have any international laws governing copyright or what is the procedure ? hope an early response thanks a lot !!

Advocate Abhishek Saini answered
In India Copyright law is governed by Copyright Act, 1957. It is in consonance with berne convention according to which an Indian copyright registration will be applicable across all the countries who are member of Berne convention.As far as procedure is considered a copyright application may be filled electronically on the official website of copyright office, you may refer the website website for more information.You may also consider engaging a lawyer to help you in filing copyright application.

Q: I have developed a computer software how can I protect it

I have develop one computer software application for providing certain feature which is not published online. How can i protect it.

Advocate Abhishek Saini answered
In India softwares are protected under copyright law. You may file copyright application for the same. Copyright application can be filed on the official website of copyright office. In case you require any assistance feel free to contact.

Q: Can I name my store same as online shopping website

can I use "AMAZON CLOTHING" as my retail store name?

Advocate Abhishek Saini answered
No you cannot use the Trademark "Amazon Clothing" for your retail store since Amazon is a wellknown trademark of online store and your adoption of identical mark will reflect an association between you and Amazon. Further, amazon company will not shy to file an infringement case against you.

Q: What is the procedure to apply for Patent

how can I apply for a patent.

Advocate Abhishek Saini answered
I would like to inform you that an invention is patentable if it fulfills the following parameter:1. Novelty (i.e. the invention should be new and should not be anticipated by any prior published document(s) (prior art)). 2. Inventiveness (i.e. the invention should be non-obvious to a person skilled in the art).3. Industrial Application (i.e. the invention should be capable of use industrially). We are presuming that your inventions qualify all three aforesaid parameter. However, if you want we can carry out a search to ascertain these parameters. For your information, we would like to inform you that the patent registration procedure in India involves number of stages, spanning over 4-5 years. It starts with filing of the application (Compete or provisional) followed by Publication of the Patent application in official journal (open for third party opposition). Thereafter, the patent application is examined by Examiner at Patent office (evaluation of application according to Patent law), which may result in certain objections which are to be met within a certain time frame by way of reply, based on the reply the Examiner may either accept or reject the patent application. On acceptance the patent is granted for 20 years from the date of filing, while the rejection can be challenged before appellate board. We would be able to assist you at all the stages of patent registration starting from filing till grant.