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When can software be copyrighted?

Submitted by LegalWizin on Sat, 02/13/2021 - 23:21

Computer software’s that do not have a technical effect are protected under copyright law in india. Computer software is secured as a literarywork and the laws relating literary works would be applicable to computer programs. The computer software becomes copyrightable as soon as it comes into existence and is converted into a tangible form. It can be secured if it is written on the computer on any other medium. This is mainly because of the fact that ideas cannot be secured under copyright law. For more information, please see Copyright Protection in One Easy Lesson.

When can software be copyrighted?

Submitted by LegalWizin on Sat, 02/13/2021 - 23:00

Computer software’s that do not have a technical effect are protected under copyright law in india. Computer software is secured as a literarywork and the laws relating literary works would be applicable to computer programs. The computer software becomes copyrightable as soon as it comes into existence and is converted into a tangible form. It can be secured if it is written on the computer on any other medium. This is mainly because of the fact that ideas cannot be secured under copyright law. For more information, please see Copyright Protection in One Easy Lesson.

In India, can I use the mark TM without registration, because if we register I have to use R?

Submitted by LegalWizin on Sat, 02/13/2021 - 22:58

The “TM” sign on trademark is used to differentiate the goods from others. It is to inform others that such logo or brand name is owned by its proprietor. The trademark registration application is under process and one should not use it. The “R” sign is used when the trademark is registered.

For more details read about when to use “R” and “TM” sign for trademark

How can I have more decision making power if my private limited company has two shareholders, each with 50% equity (shares)? If there is a solution in terms of shareholder agreement or any other, what is a detailed solution?

Submitted by LegalWizin on Fri, 02/05/2021 - 01:41

In any company the day to day activities are carried on by the directors of the company and not the shareholders. However the directors are authorised to make such decisions either through Articles of the company or by resolution passed at later stage. Further one can make the shareholders agreement where such types of clauses are included which are agreed mutually.

The following points can be covered in the shareholders’ agreement.

How do I download a trademark certificate for legal use in India? Which TM form needs to be filed?

Submitted by LegalWizin on Fri, 02/05/2021 - 01:32

Normally, the Registration certificate can be downloaded from the Trademark ministry by entering the application number. It can be used to show the originality of the trademark. But on the certificate there is a foot note that “this certificate is not for use in legal proceedings or for obtaining Registration abroad.” Hence if the certificate is to be used for any legal purpose then one has to make an application to the Trademark Ministry to issue the certified copy for the same.

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