What is Contract Management What is Contract Management? How Does Corpsage Legal LLP Help Businesses? For all businesses, contract management is very important. It comprises controlling operations, executing plans, and assessing the performance to grow the business with minimal risk. It deals with all types of contracts, including everyday ones, to expand relationships with clients, vendors, or partners. Contract management lawyers have several responsibilities like creating legal documents for agreements; executing, understanding, and handling issues related to contracts; making required changes and terminating contracts when needed. The contract managers oversee the entire contract management process. They possess legal knowledge which is needed to draft contracts. They assist in managing the financial aspects of contracts, negotiating terms, making changes, and executing agreements. These managers also conduct simulations of financial crises and monitor the financial stability related to the contract’s aspects. The business contracts have a long-term interval that may be used for suing in case there is any violation of the contract’s terms and conditions. How Corpsage Lawyers Help You? The team of lawyers at Corpsage Legal LLP is professional and experienced in providing contract management services. Our lawyers have complete knowledge of all types of contracts and the legalities involved in them. Backed with this information, Corpsage lawyers help businesses in drafting, executing, and implementation contracts that are relevant to each business. They are available 24×7 for the customers helping them with other aspects of contract management services such as finding a resolution of any dispute in the contract, defining payment terms, and others. What Are Different Types of Contracts? (I) Adhesion Contracts: These are created by the stronger party (having bargaining power) and are known as a type of “opt for it or do not” contract. The stronger party leaves the opposing party with the option of accepting or rejecting the contract. (II) Aleatory Contracts: These include a mutual agreement that is implemented after an unforeseen occurrence, accident, or natural calamity. Aleatory contracts pose small risks to both parties. Ex. Car Insurance, Fire Insurance, Etc. (III) Bilateral and Unilateral Contracts: Bilateral Contracts: Involves 2 parties. Called two-sided contracts. Involves mutual promises between both parties. Both parties have an obligation to each other. Unilateral Contracts: Just one party makes a promise. Consists of an offeror (making the promise) and an offeree (receiving the offer). The offeror is legally bound to fulfill their promise. The offeree is not obligated to do anything unless they accept the offer by performing the requested action. (IV) Express Contracts: In these contracts, the conditions are stated explicitly, either verbally or in written documentation. (V) Implied Contracts: These contracts do not have any oral or written terms and are assumed based on the circumstances or actions of the parties. For example, when a patient visits a medical expert, he expects to be diagnosed, advised, and/or treated for an ailment. It is an implied contract, wherein the patient can sue the medical expert for malpractice. (VI) Void and Voidable Contracts: Void contracts have no legal status and are illegal from the start. Under no condition, can they be enforced under the law? In voidable contracts, one party is bound by it. The unbounded party has the choice of terminating the contract as it is not obligated to it. How to Contact Corpsage Legal LLP? To connect with us for contract management services for your business, follow any of the below-mentioned ways: Email: Send us an email with your specific requirements for corpsagelegal@gmail.com Mobile: Call us at (+91) 8383943889 or (+91) 8588998935 Online Form: Fill out the complete form available at https://corpsagelegal.com/contact/ Visit Us: You can visit us at our office in Sector 62, Noida, Uttar Pradesh, India. What is Contract Management A Lawyer’s Newest Resolution To Stay Out Of Trouble –… Read More Ashish BhardwajApril 6, 2025 Mumbai High Court – Courts Can Act u/s 9 of Arbitration Act Despite Unstamped Agreement Mumbai High Court – Courts Can Act u/s 9 of… Read More Ashish BhardwajApril 6, 2025 Patent Infringement Remedies A Lawyer’s Newest Resolution To Stay Out Of Trouble –… Read More Ashish BhardwajFebruary 8, 2022 Fill up the following form Get Online Legal Advice Fill up the following form with your query & questions, and we shall send you a detailed email response within 24 hours.
Mumbai High Court – Courts Can Act u/s 9 of Arbitration Act Despite Unstamped Agreement
Mumbai High Court – Courts Can Act u/s 9 of Arbitration Act Despite Unstamped Agreement Under the L&T Finance Limited v. Diamond Projects Limited and 4 Other Petitions, the Bombay High Court (“HC”) has stated that under Section 9 of the Arbitration and Conciliation Act (“Act”), there is no requirement to determine the Arbitration Agreement’s validity. The HC further cleared that an interim relief should be provided on a three-fold test that comprises (a) prima facie case (b) balance of convenience and (c) irreparable injury. In addition, the decision of HC also stated that any insufficiently or inadequately stamped document/agreement/instrument will not preclude any party from seeking interim measures according to the provisions available under Section 9 of the Act. At a pre-arbitral hearing, the HC heard five petitions seeking interim relief/measures. It was determined on the basis that all matters were similar since each Respondent had contested the petition on the grounds that the arbitration agreement or arbitration clause in the agreement/instrument was insufficiently stamped or unstamped in accordance with the Indian Stamp Act or Maharashtra Stamp Act; therefore it cannot be considered an existent agreement and cannot be enforced. As the Court concluded, granting interim measures cannot be hindered by a document’s inadmissibility based on its lack of a duly stamped seal. When a document is produced for admission during evidence, the admissibility issue should be addressed later in the proceedings. The Statement Issued By The Bombay High Court In short, Section 9 enables the Court to exercise its jurisdiction and pass such orders, as are required to maintain substratum of the subject matter of the arbitration, though the Court may not return a finding on the merits of the claim made or a dispute raised by the parties before the Arbitrator. It was also clarified that the Court can grant interim relief under Order XXXIX of the CPC even if the underlying documents are not properly stamped. It was also clarified that the power available under Section 9 should be exercised in a similar way. In its ruling, the court stated that “The Court cannot be stopped in its tracks if it finds that the petitioner has made out a case for interim relief under Section 9.” Mumbai High Court – Courts Can Act u/s 9 of Arbitration Act Despite Unstamped Agreement A Lawyer’s Newest Resolution To Stay Out Of Trouble –… Read More Ashish BhardwajApril 6, 2025 Patent Infringement Remedies A Lawyer’s Newest Resolution To Stay Out Of Trouble –… Read More Ashish BhardwajFebruary 8, 2022 Fill up the following form Get Online Legal Advice Fill up the following form with your query & questions, and we shall send you a detailed email response within 24 hours.
Patent Infringement Remedies
A Lawyer’s Newest Resolution To Stay Out Of Trouble – 2022 What do you mean by patent infringement? It refers to the violation of the rights of the patent owner related to some type of invention. We say that patent infringement occurs when some other party uses, sells, or makes a patented item without obtaining legal permission from the owner or holder of that specific patent, who is called the plaintiff if he files a case for patent infringement. It is governed by the Patent Act 1970. There have been a few popular Patent Infringement Cases In India such as Canva va RX Prism (Indian Startup) (2023), Samsung vs. Ericsson (2014), Novartis vs. Union of India (2013), Bajaj Auto vs. TVS Motor (2007), and others. For these cases, patent infringement lawyers are hired by the respective clients and they use their legal knowledge to solve the issue and win the case for their clients. Trademark Infringement Lawyers and Copyright Infringement Lawyers are the two most important legal professionals in this domain. Let us have a look at some important points related to patent infringement remedies/reliefs, and patent lawyers in Noida, Delhi, and other parts of India. Sections 104 to 115 of the Patent Act 1970 deal with different aspects of patent infringement in India. A brief about his is given below: Making, Using, Selling, or Importing: Unaccredited actions concerning the patented invention. Defenses Against Infringement Research Exemption: Carry out research work for non-commercial purposes Experimental Use: Carry out experimental work using the patented invention What Are Reliefs/Remedies For Patent Infringement? Civil Remedies: The patentee has the option of filing a civil suit seeking injections, damages, or an account of profits. Criminal Remedies: In a few cases, the patentee can take the route of criminal proceedings which may lead to fines or imprisonment. Other reliefs according to Section 108(1) of the Patent Act, 1970 are discussed later in this article. A few Key Points Related To Patent Infringement International Treaties: TRIPS (Trade-Related Aspects of Intellectual Property Rights) is one of the international treaties to which India is a signatory. With this, minimum standards have been set to safeguard intellectual property rights. Enforcement and Litigation: The patent holder has the legality to enforce its rights via filing a lawsuit in a court of relevant jurisdiction. Compulsory Licensing: There are a few specific conditions wherein the Indian government grants compulsory licenses to 3rd parties for making a patented invention without any consent of the patentee. It is done mainly to address the issues of public interest. Challenges in Enforcement: The enforcement of patent rights is challenging in some situations because of the lengthy legal procedures, resource constraints, and the requirement for specialized knowledge. Role of Intellectual Property Offices: These offices are primarily engaged in granting, regulating, and overseeing patent rights. Global Perspective: An international perspective has to be taken into account when determining jurisdiction and enforcement in patent infringement cases. Continuous Monitoring: The patent holder has to actively monitor the market & industry for potential infringements, to which timely legal action must be taken when necessary. With the Patent Infringement Cases In India as an example, it is understood that in such cases the patent holders as well as the potential defendants both need to have an understanding of the legal framework. Both also seek professional advice as the specifics of the patent law might evolve. We – Corpsage Legal LLP, offer patent infringement services wherein remedies/reliefs are given in a completely tailored way according to the requirements of the clients. We provide the best Patent lawyers in Noida and other Indian cities. Herein, Patent Infringement Lawyers like Trademark Infringement Lawyers and Copyright Infringement Lawyers are a part of our team. They have experience with the Patent Infringement Cases In India and provide all the services according to the Patent Act 1970. All our advocates stay updated with the new amendments and introduction of laws making them experts in the current legal landscape. Impact of TRIPS Amendment on the Patents Act, 1970 Initially, in the cases of patent infringement, the responsibility to prove the infringement always rested on the person who owns the patent (called the plaintiff). But, TRIPS has made changes to the Patents Act, 1970, specifically through the addition of Section 104A, which brought in the concept of “reversed burden of proof”. This concept states that in case the patent is related to some process that results in the making of a new product and there are significant chances that some other identical product is created using the same process, the burden of proving non-infringement will shift to the defendant in case the patent owner, despite judicious efforts, couldn’t scrutinize the exact process. Section 108(1) of Patent Act, 1970 Is For “Reliefs In Suit For Infringement” In case a plaintiff’s patent rights get violated, he/she can get relief with Section 108(1) of The Patents Act, 1970. There are three remedies for the patentee – Temporary/Interlocutory Injunction, Permanent injunction, and Damages. Let us discuss these here: Injunctions : It is a court order according to which the infringing party must stop making, using, selling, or importing the infringing product. Injection is also known as a preventive legal measure whose aim is to preserve the value of the patent and ensure that the patent holder receives no further harm. injection can be obtained by the patent holder by proving that his patent is valid and that it has been infringed upon by the defendant. There are three types of injunctions viz temporary, permanent, and ex-parte. Temporary Injunction: In terms of patent infringement remedies, it is a type of interim decision provided before the final verdict of the case. The temporary injunction preserves the status quo of the patent holder. A continuation of the infringing activity would cause irreparable harm to them, which is another reason why they are likely to succeed in their lawsuit. Before granting this type of injunction, the court considers three points viz Prime
