Legal issues for an Entrepreneur

What are the Legal issues for an Entrepreneur??????

Legal issues in setting up an Organization???

Name the occasions?????
Intellectual property – Includes patents, trademarks,
copyrights and trade secrets –
Patents - Types of patents - Utility, Design and Plant
patents
The grant of patents in India is governed by –
The patents act 1970 as amended by patents
(amendment) act 2002
Patent rules 1972 as amended by the patents
(amendment) rules 2002
International patents – The patents Co-operation treaty
(PCT)
Procedure for Grant of patents
1. Filing an application for a patent
2. Examination of the application
3. Acceptance of the application and advertisement
of such acceptance in the official gazette
4. Opposition for grant of patent
5. Grant and sealing of patents
Patent Infringement
If the invention is used by any other person without
a licence from the patentee, it constitutes
infringement
Thus infringement means the interference with, or
the violation or misuse of the exclusive right of the
patentee

The remedy for infringement is an injunction from

the court
Penalties
Contravention of secrecy relating to inventions relevant
for defense purposes – 2 years or fine or both
Falsification of entries in register – 2 years or fine or both
Unauthorized claim of patent rights – fine upto 10,000
Unauthorized use of words – fine upto 10,000
Refusal or failure to provide information to central govt –
imprisonment upto 6 months
Practicing by non-registered patent agent – 10,000 for
first offence, 40,000 for subsequent offences
In case of offences by companies – the person responsible
for the conduct of business shall be punished
Business Methods patent
Trade marks
Copy rights
Trade secrets
Licensing
Product safety and Liability
Insurance
Contracts
Conclusion

An Entrepreneur may need not be a legal luminary to set up a

venture, but he/she has to have the necessary knowledge to
manage a firm.

Knowledge of laws such as Law of Contract, sale of goods, Patents

Act, Consumer Protection and a host of Labour laws will come
handy.
Working closely with a lawyer may help the entrepreneur wriggle
out certain contentious issues pertaining to the firm.