Advocate Dinesh Jotwani

Questions Answered by Advocate Dinesh Jotwani

Q: Documents required to start an MLM company

Which documents are required to start an MLM company? Do I need PVT. LTD OR LLP to open MLM business.....???? Please provide the documents list, if possible. Thank you

Advocate Dinesh Jotwani answered
Actually, it depends on the products that are to be promoted through MLM. However, some basic steps are: register a company, do MSME and trademark registrations. If the products are financial in nature. You will need RBI permission also

Q: Does “retained” rights pose a risk to the intentions of a licensee

I am an LLC owner in the USA who is licensing IP to a company in india. The IP was originally owned by a University and has now been assigned to myself. The assignment agreement, assigning rights to me states “entire right title and interest” are assigned from University to me. Yet University retains rights to “education, research and patient care at the University” are retained by the University. I do not believe that these “retained” rights should be problematic for my licensee in India who is being given my full right to “product development, manufacture, commercialize”. My licensee is concerned about “parallel” rights held onto by University. Can you confirm that these “retained” rights pose no risk to the intentions of my licensee in india?

Advocate Dinesh Jotwani answered
Dear Sir: The retained rights for the purpose of education, research and patient care do not pose any threat to Licensee in India. Infact, the legal provisions of Indian Patent Act, 1970 talks about compulsory licensing by Government of India in case of public good. It means that Licensee in any case is obligated to share rights (if Government of India thinks so), and therefore retaining of such rights by IP owner (University) poses no additional threat to Indian-Licensee. Hope this helps.

Q: Are fictional advertisement considered legal ?

Is it legal to make fictional advertisements for a brand? (presenting the brand in a positive light, and with clearly mentioned text that "these ads are for entertainment purposes")

Advocate Dinesh Jotwani answered
Yes-- if they do not lead to public outrage, immorality or are dangerous. Most of the advertisement that you see today are fictional. However, you cannot show if the advertisement can never achieve or is not achievable at all. Please show us the advertisement to provide you with full opinion.

Q: Girlfriend threatening to file a case for not marrying having affair

I am. Married on 1 Feb 2017, my wife is having many affair with many boyfrnd, and when I oppose this she start threatening me that she will file dowry and domestic violence, I have seen her chat on her phone and when I see her phone she opposes to see her phone, I can't ask her where she goes, she want to live her life independently, she had no care of my feeling, I had her chat which she had chat with her boyfrnd, in which she is saying that she will. Give me silent death

Advocate Dinesh Jotwani answered
Dear Client: As one-year has not lapsed, both of you will not be able to file for divorce. However, I advise that you give a strong legal notice to your wife. That will be helpful in case your wife wants to file charges against you. Please call to discuss this issue with me.

Q: What is the Alimony amount which the court decides

I'm a govt. employee, earning 55000-rs take away home and a car worth 10lac. no fixed/other assets. i got married in june2017 to my gf, now the marriage as on oct5,2017 has gone horribly wrong. no chance of reconcilation. she insists on making my life miserable. and keep on insisting to pay 50lakhs to part. can anyone suggest how much reasonable amt should i pay or what amt will judge decide to pay her lumpsum after yeras of litigation as one time settlement,alimony..

Advocate Dinesh Jotwani answered
Dear Client : The circumstances you mentioned does not call for Rs 50 lakh as Alimony. No ways. You should contest and confront her. I suggest that you also send her a legal notice. To know on fair alimony you feel free to contact me. Thanks