Recently the IPO has issued the new computer related guidelines
(CRI) for examine the Patent application in India. The 2016 CRI
Guidelines reset the clock to the position prior to 2015 when the
2015 guidelines were issued, with the caveat that the 2016 CRI
guidelines are much clearer and provide clear cut procedures and
examples that deny patentability to Computer Related Inventions.
These guidelines ensure that India's position is now similar to
the stand taken by United States and Europe while determining
patentability for computer related inventions. India had the patent
law in place correctly from the beginning, and ventures to apply
law from other jursidictions was ill conceived
The Central Government has issued General Circular No. 2/2016
[F.No.1/13/2012 CL-V], dated 15th January 2016. The present
circular has referred to General Circular No. 13/2013, dated 29th
July 2013, wherein it had clarified that as per section 5 of LLP
Act, 2008, only an individual or body corporate may be a partner in
a Limited Liability Partnership. Further, it provided that a HUF
cannot be treated as a body corporate for the purposes of LLP Act,
2008. Therefore, a HUF or its karta cannot become designated
partner in LLP.
It is to be noted that the earlier circular had only prohibited
the HUF or Karta to be a designated partner which would imply an
assumption that a HUF or Karta can be a partner in LLP.
Please note that a "partner", in relation to a limited
liability partnership, means any person who becomes a partner in
the limited liability partnership in accordance with the limited
liability partnership agreement. Also, note that every LLP is
required to have at least two Designated Partners who shall be
individuals and at least one of the Designated Partners shall be a
resident of India. "Designated Partners" shall also be
accountable for regulatory and legal compliances, besides their
liability as partners, per-se.
Since the earlier circular did not mention anything about a
partner, the present circular clarifies that a HUF or its Karta can
neither become a partner nor a designated partner in LLP.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon'ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962.
The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar. One of the recommendations was the allowance of only process patents with regard to inventions relating to drugs, medicines, food and chemicals.
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