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Legal functions Architecture and Culture

Posted on 21 October, 2016 at 14:00 Comments comments (353)

The Architecture and Culture followed by various MNC is as below:-

 

Horizontal Based (Model A)

All at the same level (no hierarchy at all)

wherein hierarchy within the team is

 

i. to enjoy the benefit that as an employee is entitled based upon his/her grade

 

ii. for 2nd level of review/vetting of high value or strategic level contracts / large financial contracts

 

Project based assignments are given to each POC and his Reviewing POC to supervise the project reviewing/vetting

All the documents to be vetted are done by such POC and reviewing POC.

For distribution of the work / assignment of work the Chief POC has to keep track and accordingly and assign it. ( This is not very strictly followed hence duplication of work with two POC happens, but that is taken care by having monthly reviewing of the whole team, as generally most of the contracts go beyond a month’s period)

The work of printing and franking everything is done by the POC and he maintains all the records / repository of the work done by this team.

This team takes care of all the issues pertaining to the project assigned.

This is mostly followed by non-Indian based MNCs

This is purely related to contracts

For non-contract work, the respective department like HR, Personnel, Admin, takes care of it with standards/guidelines available with them and only if there are certain contracts that has deviation from guidelines comes for vetting to legal.


Read Full Article by clicking below link 

http://lexinhousecounsel.blogspot.in/2013/09/legal-functions-architecture-and-culture.html

 

Role of Judiciary in the Effective Protection of Intellectual Property Rights (IPR)

Posted on 21 October, 2016 at 14:00 Comments comments (2)

CHAPTER 1- INTRODUCTION

In law, intellectual property (IP) is an umbrella term for various legal entitlements which attach to certain names, written and recorded media, and inventions. The holders of these legal entitlements may exercise various various exclusive rights in relation to the subject matter of the IP. The term intellectual property reflects the idea that this subject matter is the product of the mind or the intellect. The term implies that intellectual works are analogous to physical property and is consequently a matter of some controversy.

Intellectual property laws and enforcement vary widely from jurisdiction to jurisdiction. There are inter-governmental efforts to harmonise them through international treaties such as the 1994 World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), while other treaties may facilitate registration in more than one jurisdiction at a time. Disagreements over medical and software patents and the severity of copyright enforcement have so far prevented consensus on a cohesive international system.

Purpose of Study :-

 

The researcher has taken this project for the purpose of highlighting the role of judiciary in the protection of Intellectual Property rights and its enforcements in terms of its strengths and weaknesses in handling IPR related issues and accordingly to suggest the steps to be taken in order to strengthen IPR protection.

 

Scope of study:-

 

As IPR is a very vast concept or terminology Researcher has limited the scope of her project work to the extent of role of judiciary in IPR protection along with the brief idea of IPR and its need and importance so as to highlight the existing as well as expected role of judiciary and other institution indirectly affecting the role of judiciary in IPR protection.

Click Below link to read full text

http://lexinhousecounsel.blogspot.in/2012/05/role-of-judiciary-in-effective.html


Competition Litigation - Excerpts for Reference

Posted on 21 October, 2016 at 13:55

COMPETITION LAW PRIVATE ACTIONS & CLASS ACTIONS

Significant changes have recently been made to the federal Competition Act(the “Act”) that impact private actions in Canada (making it easier for private plaintiffs to commence private actions under the Act’s criminal conspiracy provisions). At the same time, there have recently been several plaintiff-favourable class action decisions in Ontario and British Columbia that make it easier to certify competition law class actions. The combined result of these recent developments is that competition law private actions are now of more importance to plaintiffs seeking remedies for anti-competitive conduct under the Act. At the same time, there appears appears to be an increasing number of private and class actions currently being commenced in Canada.

Generally speaking, parties may commence private actions under the Act for contraventions of either the criminal provisions of the Act or a breach of a court or Competition Tribunal (the “Tribunal”) order made under the Act. Private competition law actions in Canada have typically been commenced in the context of (i) consumers alleging damages as a result of a conspiracy between suppliers (e.g., a price fixing conspiracy relating to a product or key input), (ii) consumers alleging damages as a result of misleading advertising claims (e.g., false or misleading claims in relation to a product, investment or other business opportunity, etc.) or (iii) competitors alleging damages based on misleading claims made by a competitor or alleged conspiracy entered into among other competitors.

click below to read full text

http://lexinhousecounsel.blogspot.in/2012/04/competition-litigation-reference.html


History Of The Right To Information Act - Excerpts for Reference

Posted on 21 October, 2016 at 13:55 Comments comments (8)

It has taken India 82 years to transition from an opaque system of governance, legitimized by the colonial Official Secrets Act, to one where citizens can demand the right to information. The recent enactment of the Right to Information Act 2005 marks a significant shift for Indian democracy, for the greater the access of citizens to information, the greater will be the responsiveness of government to community needs.

 

Right To Information is derived from our fundamental right of freedom of speech and expression under Article 19 of the Constitution. If we do not have information on how our Government and Public Institutions function, we cannot express any informed opinion on it. Democracy revolves around the basic idea of Citizens being at the center of governance. And the freedom of the press is an essential element for a democracy to function. It is thus obvious that the main reason for a free press is to ensure that Citizens are informed. Thus it clearly flows from this, that the Citizens Right To Know is paramount.

 

The Act and its rules define a format for requisitioning information, a time period within which information must be provided, a method of giving the information, some charges for applying and some exemptions of information which will not be given.

Click below for more details

http://lexinhousecounsel.blogspot.in/2012/04/history-of-right-to-information-act.html


Escrow Arrangement, is a private contract only

Posted on 21 October, 2016 at 13:50 Comments comments (12)

Escrow Arrangements, are generally private arrangements between the parties as there is a shift of trust from Licensing Party to neutral person for commercial or non-commercial reasons. Such arrangements could be to safeguard interest of Licensee whose interest would get affected in circumstances not within control of the Licensor or Licensee as the case may be, like business or regulatory compulsions.

To read in detail, we are redirecting you to our external Blog, click the below

http://lexinhousecounsel.blogspot.in/2012_04_01_archive.html


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