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Non-Disclosure Agreement

In business, there are numerous instances in which you have to share confidential information with another party. For example you have a business idea. In order to execute the idea you will have to share the idea with potential partners, investors or employees.

Startup companies with a new and profitable idea can only succeed if what they are working on remains under wraps. But the key to doing so safely is making sure that the other party is bound to respect the confidential information you provide them and not use it in a way that is detrimental for your business.

Inorder to keep a lid on the sensitive information, a non-disclosure agreement, or NDA, alternatively referred to as confidentiality agreements (CA), confidentiality statements, or confidentiality clauses is signed between two parties.

A Non-Disclosure Agreement is typically put to use while disclosing confidential information to potential investors, creditors, clients, or suppliers. Some people might not like the idea of signing a non-disclosure agreement saying “Don’t you trust me?” But without such a signed agreement, any information disclosed in trust can be used for malicious purposes or be made public accidentally. NDA is a promise between two or more parties that the information conveyed will be maintained in secrecy.

The confidentiality of the information is maintained for a specified period of time as mentioned in the agreement. But once the information is made public, that loses it’s “confidentiality” people will be free to disclose the information.

Types of Non-Disclosure Agreements:  

The specific content of each Non-disclaimer agreement is unique as it will relate to details of specific information, proprietary data involved and what is being discussed. In general there are two types of non-disclosure agreements.

  1. Unilateral Non-disclosure agreement: A unilateral agreement binds only one party to the agreement for example a company signs a unilateral non-disclosure agreement with an employee. Employee agrees not to disclose or reveal confidential information learnt while on the job. The majority of NDAs fall under these category and are intended to protect a business trade secret. Researchers and professors at research universities or at R&D department in the private sector are at times required to sign an NDA before they carry out research with the business or university that supports them.
  2. Mutual non-disclosure agreement: A mutual non-disclosure agreement is typically executed between two parties exploring a possible business arrangement or a joint venture or some other possible merger that might have a mutual benefit to both parties.7 Simple Ways You Can Protect Your Idea From Theft

 

What is a framework for innovation? What is the growth strategy?
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From the “Idea phase” into the “Invention phase”

From the “Idea phase” into the “Invention phase”

Inspiration can be found anywhere if you look around and be open to it. Ideas are relatively easy to come. “Sit-at-tea-discussions”, which are now given a fancy term “brainstorming sessions” generate wonderful ideas. It takes a lot of knowledge, time, money and efforts to refine an idea into an invention.

2

But How do you begin with the idea process? First of all discover a problem. Take out a sheet of paper and write down whatever comes to your mind related to the problem; it doesn’t necessarily make sense and try to come up with a solution to the problem you just discovered. Only after you organize your initial idea, the actual design and development of your product will begin.

Turning an idea into  an invention — it takes lot of efforts and luck to launch a product into, and get that product accepted by, the marketplace. There are substantial barriers in the path of those who pursue innovation. Overcoming those barriers and accomplishing the tasks require careful planning and input from others.

You can’t just take an idea, plunk it down and say “OK, this is it.” You will be defining and tweaking your idea constantly even during development and prototyping.

Entrepreneurship can be a tough and long journey, and the success of your idea may be doubted by many people, even your family and friends! But remain focused on the value that your invention will deliver to your customers. You should be able to clearly explain the basic idea or concept behind your new product or service (in and out of the industry), have a prototype for demonstration of your new product or service, and you may seek professional advice to protect your intellectual property.

How will you determine if your idea will succeed?

One of the best ways to determine the success of your idea is to talk to people around, get customer feedback, before the complete development of the product/service and finalise your target market, pricing model and marketing strategy. Inorder to validate the entry of your product/service into the market carry out complete industrial trials for your product/service.

When you finally set out to launch your business, one of the most important trait you need as an entrepreneur is “Perseverance”. You’ll be told “no” many times but you’ve to move beyond the “no” and eventually, you’re going to get to a “yes.”

Understand that doing business isn’t a rocket science. No, it is definitely not easy to begin a business, but it’s not as complicated or as scary as many people think, either. It’s a step-by-step, common-sense procedure. So take one step at a time!!

 

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Company Legal Services to Startups in India

Company Legal Services to Startups in India

“If people are willing to bet on a lot of crazy notions, knowing that while some won’t work out, one breakthrough can change the world”.  – Bill Gates

What is a Startup?

As defined by Department of Industrial Policy & Promotion (DIPP)Startup means an entity, incorporated or registered in India :

  • Not prior to seven years, however for Biotechnology Startups not prior to ten years,
  • With annual turnover not exceeding INR 25 crore in any preceding financial year, and
  • Working towards innovation, development or improvement of products or processes or services, or if it is a scalable business model with a high potential of employment generation or wealth creation.

“Build something you believe in — because that’s the first step to building a great brand.”

At the initial stages of setting up any organization, every entrepreneur is faced with a large number of challenges. All these challenges are hefty reminders that owning and Running a successful business is definitely not easy. It’s worth it though!

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“Don’t aim for 10% improvement. Make it radically better and different.”

Before diving into the deep sea, founders should know that every legal decision they take has a potential to impact the company’s partners, investors, employees and customers. Therefore, it is essential that the founders develop an understanding of basic legal principles and practices associated with building a business.

Tax Laws and the Basics of Accounting

Every organization in the world, be it involved in any kind of  business as to pay taxes to the Central, State and/or local/provincial government(s), as the case may be. It is essential for every new entrepreneur to be aware about accounting details and tricky lanes of the taxation world. An aspiring entrepreneur should have sector and area-specific knowledge of taxation because the taxes applicable to different sectors, geographical regions and/or products vary greatly and it is obligatory to be acquainted with any recent changes that have taken place.

Structuring the business-Choosing the type of venture

The most important thing before pulling up a startup is selecting a legal form of conducting business. It is indispensable to determine whether you want to have a private limited company, public limited company, partnership firm, or a limited liability partnership, depending on your long-term goals and vision.

Each form of business will be governed by separate principles and laws. Not complying with the relevant laws means hefty sums will have to be paid to the Government. Thus, heavy loss before you can even start making profit.

Labour and Employment Laws

When you start an organization, you will eventually have to hire new people.

Even if you plan to have independent consultants and contractors working with you or outsource, all these employee-employer relationships will be governed by labour legislations. Breaching these will not only harm you financially but would also harm your goodwill, even before it’s built!

Securities Laws

Securities laws regulated by the Securities and Exchange Board of India (SEBI), will assist in managing the various stages of life cycle of business including fund-raising. Foreign direct investment, angel investors, crowd funding, venture capitals and even joint ventures are areas that a new entrepreneur must be aware about. It will help increase the profitability of the organization.

Information Technology (IT) laws

Today in this highly-digitalized, and technologically advanced era you inadvertently need the knowledge of Information Technology (IT) laws before starting a new business in order to protect your confidential data from any infringers or hackers.

Corporate governance

Despite being a small organization, a sound knowledge about corporate governance and management will help an aspiring entrepreneur in effectively managing the organization and formulate further expansion plans.

Contract laws 

A business survives on contracts. No organization would come into existence without the use of contracts. Therefore, basic knowledge regarding fundamental principles of  contracts, arbitration, mediation, conciliation certainly helps!

Intellectual property laws

Legally protecting intellectual property is of supreme importance to any business. Hence, filing the right patent/trademark/copyright claims, and timely IP audits of your organization, would increase the profitability of your venture manifold.

Thus, in order for an entrepreneur to sail his ship of business smoothly, a decent knowledge about some of the important legal laws mentioned above is of utmost important.

“ Find the perfect business idea and start building your business today. Build the enterprise and the brand as if you’ll own them forever.”\

We at Tech Corp International Strategist (TCIS, India) have an expert team of Indian lawyers who assist Startups with patent, business brand, trademark and logo registration in India.

List of legal services offered by Tech Corp International Strategist (TCIS, India) to Startups in India-

    • Incorporation of different types of Companies,
    • Formation (procedure) of Companies,
    • Financing the Companies,
    • Filing of various forms and Returns with the Authorities,
    • Promotion of a Company,
    • Contracts and Conversions,
    • Transfer and Transmission of Securities,
    • Intercorporate Loans and Investments,
    • Audits,
    • Economic and Commercial Laws,
    • Investments in India,
    • IPR,
    • Transfer of Property,
    • Stamp Duty,
    • Contracts and Agreements,
    • Society,
    • Trusts,
    • MSME,
    • Insurance,
    • Registration of Documents,
    • Cost and Management Accounting,
    • Labor Cost,
    • Material Cost
    • Activity Based Costing,
    • Cost records,
    • Budgetary Control,
    • Cost Audit,
    • Tax,
    • Charges,
    • Residential Status,
    • Various heads under which total income is calculated,
    • Deductions from income Calculation of Tax of HUF/Companies etc,
    • Procedure adopted for Assessment,
    • Tax Planning,
    • Wealth Tax Act,
    • International Taxation,
    • Service Tax/ Sales Tax/ VAT

 

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Recapitalization of Ideas in terms of Technology Patenting in BIG DATA

Recapitalization of Ideas in terms of Technology Patenting in BIG DATA

“One thing about life that’s predictable, is that it is unpredictable”

A brilliant idea for an invention or business could spring into your head at any point in time. But in order to find success, your research and development has to meet modern standards. Ideas are not genuinely original.

As quoted by Mark Twain:-

“There is no such thing as a new idea. It is impossible. We simply take a lot of old ideas and put them into a sort of mental kaleidoscope. We give them a turn and they make new and curious combinations. We keep on turning and making new combinations indefinitely; but they are the same old pieces of colored glass that have been in use through all the ages.”

Patents can seem like more trouble than they’re worth because the patent process in itself is a struggle. But simply because you don’t want to deal with the patent process, Your brilliant idea needn’t fall by the wayside!

Integrating patents into your business plan, is one of the most overlooked elements of a successful business. It takes a lot of energy to run a business, If you have an idea for a product, service or business, beat the odds and use your passion and energy, to figure out how to make it profitable.There are a number of myths associated with patenting a product or concept that may hold an individual from getting the most out of the concept. In order to see your way clear to filing a patent it is very important to break those myths.

Patent filing narrows down the counterparts and it makes it difficult to impress the investors.

A strong patent portfolio help in fuelling investments for emerging tech companies. Investors often look to see whether a budding company has protected its intellectual property when determining whether to invest or not. It is more likely that you will be taken seriously if you come to the table with excellent technical knowledge and a patent-pending for your idea that’s been well-researched and profits projected, even if you don’t have all the connections with the big players.

It is difficult to avoid infringement so It’s better not to file a patent.

Many things can perform the same function. If you are filing a patent for a software for buying and selling properties, it is possible that you are infringing on a patent someone else took for a software that facilitates property transactions. That’s why the claims section of the patent is so important. Claims have to be worded very carefully. Consult a patent lawyer so that you actually end up having more protection from infringement than you would have without a patent.

My idea is not that great and there is no competition out there for my business plan so why to spend money to patent it.

Never underestimate yourself. There is always competition out there. A competitor could steal the idea and put it to use themselves. Instead of letting other party go away with your great concept and make a fortune, you should protect your concept by filing a patent.

If the invention is “obvious to one skilled in the art,” the patent won’t be valid.

Patent law prohibits granting patents for inventions that are obvious to “one skilled in the art.” Many new inventions are combinations of existing inventions. The specific wording of the claims in your patent is the key to patenting an idea that is already out there or “obvious.”

Licensing the right to make, use, or sell your product is usually the most profitable route for inventors. Even if you may not make money from a patent you can pursue licensing royalties. As patent holder, you retain ownership of the invention and earn royalty payments on future sales of the product.

Everyone who was a part of the meeting where the idea was conceptualized gets to put their name on the patent.

The inventor is the individual who has the concept of the invention, provided of course that there has been a reduction to practice. The company is the assignee-the person or legal entity that has actual ownership of the patent. The royalties from patent generally go to the company, not the employees who came up with the invention.

Prity is Chief Counsel at Mobiuz, Singapore which outrightly solves many of the >$500 Billion problems faced by the almost $1 Trillion Advertising Industry, especially Ad-Fraud, which has become the world’s no. 2 criminal enterprise. Mobiuz is working hand-in-hand with the Singaporean government to bring impeccable services to the world of Advertising, Fintech, InsureTech, Payments, and many more, globally. Prity is also founder at Tech Corp International Strategist, India and law firm partner at Tech Corp Legal LLP.

Prity Khastgir is a techno-savvy patent attorney in India with 12 yrs++ of experience working with clients across the globe. Her areas of expertise are IP portfolio research, cross-border technology transactions, licensing agreements, product clearance, freedom-to-operate, patent infringement & invalidity analysis, research & opinions.

Currently, she helps startups to raise funds, assists foreign companies to find right business partners in India. She also assists enterprises to enter and find the right angels, and VCs in Malaysia, Singapore, US, UK, Japan and India.

Co-author: Aanchal Verma

TCIS Patent Services:

Patent Services in India

Patent Drafting| Protection of Inventive Concepts:

Preparation of Utility Patent Applications:

We at Tech Corp International Strategist provide drafting of patent applications (provisional/ non-provisional) specifically in life-sciences, food technology, automotive, image processing, communications technology, aerospace, computer-implemented inventions and software,  mechanical, electrical, electronics, wireless communication, and pharmaceutical sector.

Patent Drawings/Illustrations : 

Developing patent drawings/figures using state of the art systems.

Patent Search : Patent searches by expert patent researchers

  • Patentability Search
  • Validation/Invalidation Patent Search
  • Freedom to Operate Search| FTO Patent Search
  • Infringement Analysis/Equivalent Search including Claim Mapping Chart
  • Patent Information Search
  • Patent Searches for the state of the art
  • Competitor’s Patent Search

Patent Compliance Services:

Our team of technical patent experts review the patent application to create and protect infringement-free patent specification for protecting the client’s innovation.

Competitors Patent Review Services : 

On-going competitor patent review and analyzing scope of the patent claims.

Preparing Patent Office Actions Responses:

Handling all Office actions, hearing before the patent examiner and PTO correspondences.

Patent proofreading : 

Proofreading of Patent specifications to draft flawless patent application.

Patent Analysis & Portfolio Management:

Our team of expert patent lawyers understand the technology in question and then categorize a patent portfolio of a company according to the needs of the client. We conduct a market analysis in terms of identifying active companies, their areas of technical expertise, and find the family of the patents filed in different jurisdictions. We find the main players in the field of a patent on the basis of commercial viability, infringement aspects, strengths and weaknesses, find the key parameters for future research and analyze licensing terms for a particular patent.

Filing & Prosecuting of Patent Applications :

Regular patent application, ordinary patent filing before the Indian Patent Office

PCT Applications filing before the Indian Patent Office

PCT National Phase Applications filing before the Indian Patent Office

Convention Applications filing before the Indian Patent Office

Handling Office Actions from various jurisdictions including USPTO, EPO and other Asian countries

For more details please contact us at legal_desk@patentbusinessidea.com

Intellectual Property Contract Drafting & Review Services

IP Contractual matters

Intellectual Property Licensing agreements

Intellectual Property due diligence analysis

For more details please contact us at legal_desk@patentbusinessidea.com 

TRADE MARK| BRAND PROTECTION SERVICE IN INDIA

Brand Opinion Services

Trade mark Clearance Searches

Filing of trademark applications, registration procedure

Trade mark Renewal

Trade mark opposition

Trade mark rectification

Action of infringement and passing off

Assignment, licenses and transmission, drafting deed form

Registration of trademark assignment

For more details please contact us at legal_desk@patentbusinessidea.com

COPYRIGHT SERVICES IN INDIA

Copyright Registration

Copyright Assignment in India

Infringement of a copyright

Software programs copyright;

Drafting deeds for transfer of copyright and royalty

For more details please contact us at legal_desk@patentbusinessidea.com 

INDUSTRIAL DESIGN SERVICES IN INDIA

Preparing industrial design registration forms, industrial design filing services, and prosecuting design patent applications in India

Design Renewal, Design opposition, infringement procedures in India.

For more details please contact us at 

legal_desk@patentbusinessidea.com

Prity is partner at Tech Corp Legal LLP, an international law firm headquartered in New Delhi, capital of India, with offshore offices in US, UK, China and Singapore, specializes in business law and technology law, and assists a wide variety of clients with many business arrangements, and in structuring technology transactions including: Intellectual Property Protection (Patents, Trademarks, Copyrights, Designs), Formation of Companies, Technology Transfer, Business Acquisitions, Marketing of Proprietary Information, Competitive & Business Intelligence, Scientific & Financial Due Diligence, Business Governance, Distribution of Technology, Executive Negotiations, Licensing and the like.

Prity is a Strategic Patent Attorney with a difference and International Technology Business Lawyer doing business in India for over a decade. Prity has been instrumental in increasing the international client list from zero to over 500+ Global Clients. Prity believes in KARMA and is ZEN by birth because of her ancestral history.  Our team of technology Savvy Indian Patent Attorneys, Indian Patent Agents, Intellectual Property lawyers, Indian Trademark lawyers , Corporate Lawyers facilitate the process of boosting investor sentiments.

Managing International Business Law Issues To Advance Growth of Our Clients. Intellectual Property firm Provides PCT National Phase Patent Filing Service in India to Foreign Inventors. Our focus is on helping organizations across the world with best quality patent searching and patent drafting services.

 

What constitutes AI? What is AI programming ?
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Deploy Artificial Intelligence & Machine learning

Deploy Artificial Intelligence & Machine learning in Medical Diagnosis

India is experiencing 22-25 % growth in medical tourism and the industry is expected to double its size from present (April 2017) US$ 3 billion to US$ 6 billion by 2018. Medical tourist arrivals in India increased more than 50 per cent to 200,000 in 2016 from 130,000 in 2015. Affordable medicines and good doctors is very lucrative to patients across the globe. Medical tourism is on rise and Indian healthcare industry operates in both private and public sectors.

Healthcare industry in India has come a long way in terms of advancement. The ultimate AIM of research and development in medical diagnostics is to be able to identify different diseases and diagnose them correctly.

Current Drawbacks

Despite ever-improving diagnostic technology, crucial time and valuable resources are lost everyday due to “Misdiagnosis” resulting in unnecessary tests, delayed treatment and present a threat to the health and life of the patients.

Artificial Intelligence and Machine learning are NEW AGE Technologies

 Machine Learning (ML) and Artificial Intelligence (AI) are transformative technologies in most areas of our lives.

Artificial Intelligence and Machine learning offers tremendous opportunities for the healthcare industry. The use of machine learning in identifying and diagnosing, diseases has actually been one of the biggest breakthroughs in the medical industry.

Intelligence is the ability to learn or the ability to think and reason and Artificial intelligence refers to programming computers and machines to exhibit seemingly intelligent behaviour based on software algorithms.

Today Machines are capable of analysing and interpreting medical scans with super-human performance are within reach. Deep learning, in particular, has emerged as a promising tool and is able to detect brain damage automatically.

WHAT is the Challenge?

How do we know when the machine gets it wrong?

Can we predict failure, and can we make the machine robust to changes in the clinical data?

Human brain is the greatest gift of god. NO machine and neural network can mimic the spiking of neurons just like human brain. The CURIOSITY of human mind to answer questions of HOW, WHAT, WHY and WHEN which is able to take the human mind to even radiate electromagnetic signals differentiates us from machines.

Computers can analyse massive amounts of data at a rapid speed and with higher accuracy as compared to humans. With the help of Computers and the algorithms they run scientists, physicians and medical practitioners or professionals can get better insight into patient’s health and condition and thus can make better decisions regarding the treatment.

Healthcare has become a key industry for investment in the field of Artificial Intelligence and Machine Learning based on its potential to improve health care system and save lives and money.

Some healthcare and technology innovators are collaborating and trying to change our current reality by experimenting with artificial intelligence (AI) and machine learning. Not only have major players such as IBM and Microsoft jumped into their own AI healthcare projects, but several start-ups and smaller organizations have begun their own efforts to create tools to aid healthcare.

And, the savings would be tremendous. One report from McKinsey estimates big data could save medicine and pharma up to $100B annually as a result of improved efficiencies in clinical trials and research, better insight for decision-making and new tools that will help insurers, regulators, physicians and consumers make better decisions.

Machine learning algorithms improve the more data they are exposed to.

If there is one thing the healthcare systems has in abundance, it’s data. Due to different storage systems, ownership and privacy concerns, and no established process that allows people to easily share data with each other, there is a major amount of analysis that’s not currently being done that could glean tremendous results for patients, doctors and healthcare organizations.

Artificial Intelligence (AI) aids in disease identification and diagnosis Much of the AI work done thus far in healthcare is focused on disease identification and diagnosis. From Sophia Genetics that is using AI to evaluate DNA to diagnose illnesses to smartphone apps that can determine a concussion and monitor other concerns such as newborn jaundice, lung function of those suffering from chronic respiratory diseases, blood pressure, hemoglobin levels and even evaluate coughs, disease and health monitoring is at the forefront of the machine learning efforts. Since heart disease is a primary killer of human beings around the world, it’s no surprise that effort and focus from many AI innovators is on heart disease diagnosis and prevention.

The current process to determine an individual’s risk factor for a heart attack is to look at the American College of Cardiology/American Heart Association’s (ACC/AHA) list of risk factors that include age, blood pressure and more. However, this is really a simplistic approach and doesn’t take into account medications someone might be on, the health of the patient’s other biological systems and other factors that could increase odds of a heart ailment. Several research teams, including those at Carnegie Mellon University and a study from Stephen Weng and his associates at University of Nottingham in the United Kingdom, are working toward enhancing machine learning so algorithms will be able to predict (better than humans) who is at risk and when they might be at risk for a heart attack. Preliminary results of the AI algorithms were significantly better at predicting heart attacks than the ACC/AHA guidelines. From liver disease to cancer and even psychosis and Schizophrenia, AI algorithms are changing the game in terms of disease diagnosis. Machines are now learning how to read CT scans and other imaging diagnostic tests to identify abnormalities. Although some predict the end of radiologists as we know them, others see AI acting as a radiologist’s assistant.

How Can we at TCIS, INDIA assist YOU with YOUR Artificial Intelligence & Machine learning Research?

Analysis of medical technologies is essential to development in modern medicine. With the increasing amount of patient data also known as BIG DATA, new challenges and opportunities arise for different phases of the clinical routine, such as diagnosis, treatment and monitoring.

WE at TCIS, INDIA focus on the patent and non-patent literature (NPL) analysis of technologies related to Artificial Intelligence & Machine learning Research. We use state of the art patent research techniques which is very helpful to scientists across the globe.

Technologies we have worked on in recent past:

  • Automatic delineation and measurement techniques
  • Monitoring disease progression
  • Computer-aided diagnosis,
  • Personalized medicine and
  • Efficient data management and big data analysis

Our mission at TCIS, INDIA is to advance the state of the prior art studies and freedom to operate analysis. I have personally researched more than 1000++ technologies over a span of 12++ years. Our team of patent geeks are enthusiastic about performing patent research.

Success Stories

George Yu Partner at Schiff Hardin LLP

April 26, 2017, George was a client of Prity Khastgir IPR’S

Prity is very knowledgeable and experience when it comes to IP support functions.

SULABH MANGAL

Director at Energia International

July 19, 2017, Sulabh was a client of Prity Khastgir

‘Ridiculously efficient’ is the phrase that comes to mind when I think about Prity Khastgir. It’s rare that you come across standout talent like her. We hired her for patent filing and her execution is flawless.

PRASAD SHETTY

Co-Founder & Managing Partner Stryde Medical

May 20, 2017, Prasad was a client of Prity Khastgir IPR’S

Prity is a complete rebel. A hard task master and wastes know time in getting to the point! With such a vast experience, Prity definitely has the edge.More importantly she has come across to me as extremely smart, witty and a go-getter! I wish her all the luck for her future endeavours.

Launch Your Startup Faster
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ADVANTAGES OF REGISTERING COMPANY UNDER STARTUP INDIA FOR INNOVATIONS

Are you an entrepreneur? Do you have a startup?

What is Startup India Campaign?

Startup India campaign, a program firstly announced by our very own prime minister “Mr.Narendra Modi” on 15th August 2015, at Red Fort and on 16th  January 2016 by our finance minister “Mr. Arun Jaitley” .

Why register under Startup India Campaign?

Basically this program is for the entrance and starting up new ventures which were financed by the financial institution and banks, through which government can boost up the entrepreneurship and can encourage start ups with the new job creation.

It is being operated and organized by department of industrial policy and promotion, which main focus is to restrict role of state in policy domain and get rid of ‘license raj’ and also to eliminate the hindrance like in the land permission, foreign investment proposal, environmental clearance.

The startup initiative is not only promoting new ventures in cities and towns but also in the rural areas and named as ‘Deen Dayal Upadhaya Swaniyojan Yojana’ and not only this but government also give this chance to SC/ST people and also to the women communities and through this the job rates get increased and the educated unemployed population get opportunities.

What is a start up?

According to government a startup is an entity that is headquartered in India which was opened less than seven years ago and has an annual turnover less than ₹25 crore (US$3.9 million)

Digital India

For the help of the new ventures government launched iMADE, an app development platform aimed at producing 1,000,000 apps and  not only this but government also open some financial institutions like PMMY  and the MUDRA BANK, a new institution set up for the development and financing activities relating to micro units with a refinance fund of ₹200 billion (US$3.1 billion).

What privileges  are given by government to the new ventures/startups?

Government gives many privileges to the new ventures under the startup program as they get reduction in

  • patent registration fee,
  • Modified and more friendly Bankruptcy Code to ensure 90-day exit window,
  • Freedom from mystifying inspections for 3 years,
  • Freedom from Capital Gain Tax for 3 years,
  • Freedom from tax in profits for 3 years,
  • Self-certification compliance,

Innovation hub under Atal Innovation Mission, new schemes to provide IPR protection to start-ups and new firms. Through these steps taken by  government the new ventures under startup program get encourage and get through these privileges they can work freely and make profit and the ventures get expanded and  as they get  expanded new job opportunities were  created in the market and the problem of not getting jobs opportunities get reduced.

And not only these but government also making way for international business and international investments for the new ventures under start up India i.e., SoftBank, which is headquartered in Japan, has invested US$2 billion into Indian startups. The Japanese firm had pledged the total investments at US$10 billion.

And Google also declared to launch a startup, based on the highest votes in which the top three startups will be allowed to join the next Google Launchpad Week, and the final winner could win an amount of US$100,000 in Google cloud credit.

Oracle also announced to set up nine incubation centres in Bengaluru, Chennai, Gurgaon, Hyderabad, Mumbai, Noida, Pune, Trivandrum, and Vijayawada.

Efforts made by various Indian state and state governments

In many states of southern India like Karnataka, Kerala, Andhra Pradesh, Telangana, in which many new ventures get good rise and opportunities.

Kerala a well known for the government’s startup policy, “Kerala IT Mission”, which focus on fetching ₹50 billion (US$780 million) in investments for the State’s startup ecosystem. It also made India’s first telecom incubator Startup village in 2012.

The state also matches the funding raised by its incubator from Central government with Telangana  has launched the largest incubation center in India as “T-Hub“.

The government of Madhya Pradesh has collaborated with the Small Industries Development Bank of India to create fund of ₹200 crore.

Rajasthan has also launched “Startup Oasis” scheme.

In order to promote startups in Odisha , the state government organized a two-day Startup Conclave in Bhubaneswar on November 28,2016. The main objectives of the event would be to

  • motivate youth towards entrepreneurship,
  • showcase the start-up ecosystem in Odisha and attract more start-ups to the state.

Government also help new ventures under Startup India The Ministry of Human Resource Development and The Department of Science and Technology have agreed to partner in an initiative to setup up over 75 such startup support hubs in the National Institutes of Technology, The Indian Institutes of Information Technology, The Indian Institutes of Science Education and Research and National Institutes of Pharmaceutical Education and Research.

Role of reserve bank in funding startups

The Reserve Bank of India said it will take steps to help improve the ‘ease of doing business’ in the country and contribute to ecosystem that is conductive for the growth of start-up business.

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SEBI – Securities and Exchange Board of India

‘SEBI’ – Securities and Exchange Board of India for Investors 

FDA lawyer attorney in India,

Securities and Exchange Board of India for Investors established under the Securities and Exchange Board of India Act, 1992

Just like the U.S.’s Securities and Exchange Commission (SEC) in US, we have Securities and Exchange Board of India (SEBI) in India. Securities and Exchange Board of India (SEBI) is the assigned regulatory body for the fund and venture showcases in India. The board assumes a fundamental part in keeping up steady and productive budgetary and speculation showcases by making and implementing successful direction in India’s monetary commercial center.

The SEBI was built up in 1988 yet was just given regulatory powers on April 12, 1992, through the Securities and Exchange Board of India Act, 1992. It assumes a key part in guaranteeing the solidness of the money related markets in India, by drawing in outside investors and securing Indian investors. SEBI was worked by the legislature of India. Its central command is situated at the Bandra Kurla Complex Business District found in Mumbai. It additionally has northern, eastern, southern and western provincial workplaces.

SEBI’s administration is made out of its own individuals. Its administration group comprises of an administrator selected by the Union Government of India, two individuals who are officers from the Union Finance Ministry, one part from the Reserve Bank of India and five different individuals who are likewise designated by the Union Government of India.

SEBI CAPACITIES AND RESPONSIBILITIES

SEBI’s Preamble portrays in detail the capacities and forces of the board. In this light, as a board, SEBI must be responsive and proactive to the necessities and enthusiasm of the gatherings that constitute India’s budgetary and venture advertises: the investors, the market middle people and the backers of securities.

SEBI is permitted to support by-laws of stock exchanges. SEBI additionally assesses the books of records of budgetary middle people and requests standard comes back from perceived stock exchanges. SEBI’s part covers convincing specific organizations to list their offers in stock exchanges. Beside these, SEBI is entrusted to deal with the enrollment of agents.

At last, the board has three forces: quasi-judicial, quasi-legislative and quasi-executive. SEBI has the privilege to draft directions under its legislative limit, lead examinations and force activity under its executive capacity, and pass new principles and requests under its judicial limit. In spite of these forces, the aftereffects of SEBI’s capacities still need to experience the Securities Appellate Tribunal and the Supreme Court of India.

POWERS OF SEBI

For the release of its capacities effectively, SEBI has been vested with the accompanying powers:

  • To affirm by−laws of Securities exchanges.
  • To require the Securities exchange to correct their by−laws.
  • Assess the books of records and call for periodical comes back from perceived Securities exchanges.
  • Assess the books of records of monetary delegates.
  • Force certain organizations to list their offers in at least one Securities exchanges.
  • Enlistment dealers.

There are two sorts of agents:

  • Circuit agent
  • Trader dealer

SEBI committees

Technical Advisory Committee

Committee for audit of structure of market foundation organizations

  • Advisory Committee for the SEBI Investor Protection and Education Fund
  • Takeover Regulations Advisory Committee
  • Primary Market Advisory Committee (PMAC)
  • Secondary Market Advisory Committee (SMAC)
  • Common Fund Advisory Committee
  • Corporate Bonds and Securitization Advisory Committee

India is one of the quickest developing economies. India witnessed a lot of foreign interest in the recent years. The government has defined its Policy pointing towards drawing in an ever increasing number of funds considering the residential business concerns at the same time.

Foreign direct investment (FDI) in India is the major money related hotspot for financial improvement in India. Foreign organizations put directly in quickly developing private Indian businesses to take advantages of less expensive wages and changing the business condition of India. Financial advancement began in India in wake of the 1991 monetary emergency and from that point onwards FDI has relentlessly expanded in India.

Additionally, apart from being a basic driver of monetary development, Foreign Direct Speculation is a noteworthy wellspring of non-obligation money related asset for the financial advancement of India.

The Indian government’s ideal policy administration and strong business condition have guaranteed that foreign capital continues streaming into the nation. The government has taken numerous activities as of late, for example, unwinding FDI standards crosswise over parts, for example, resistance, PSU oil refineries, telecom, control exchanges, and stock exchanges, among others.

POLICY AND REGULATORY FRAMEWORK TOWARD FDI

The Government has set up a policy structure on Foreign Direct Investment. Which is encapsulated in the Circular on Consolidated FDI Policy, issued which is refreshed like clockwork, to catch and keep pace with the regulatory changes. The Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce and Industry, Government of India makes policy professions on FDI through Press Notes/Press Releases which are informed by the Reserve Bank of India as revisions to the Foreign Exchange Management (Transfer or Issue of Security by Persons Resident outside India) Regulations, 2000.

The procedural directions are issued by the Reserve Bank of India vide A.P. DIR. (arrangement) Circulars. Along these lines, regulatory system for FDI comprises of Acts, Regulations, Press Notes, Press Releases, Clarifications, and so forth.

FDI policy is looked into on a progressing premise and measures for its further advancement are taken. Change in sectoral policy/sectoral value top is told every once in a while through Press Notes by the Department of Industrial Policy and Promotion. Policy declaration by DIPP is accordingly informed by RBI under FEMA.

SECTION ROUTES FOR INVESTMENTS IN INDIA

Under the Foreign Direct Investments (FDI) Scheme, investments can be made in shares, obligatorily and completely convertible debentures and compulsorily and completely convertible inclination shares1 of an Indian organization by non-occupants through two routes:

Automatic Route: Under the Automatic Route, the foreign investor or the Indian organization does not require any endorsement from the Reserve Bank or Government of India for the speculation.

Government Route: Under the Government Route, the foreign investor or the Indian organization ought to get the earlier endorsement of the Government of India, Ministry of Finance, and Foreign Investment Promotion Board (FIPB) for the venture.

MARKET SIZE

As per Department of Industrial Policy and Promotion (DIPP), the aggregate FDI investments India got amid April 2016-March 2017 rose 8 per cent year-on-year to US$ 60.08 billion, demonstrating that government’s push to enhance the simplicity of working together and unwinding in FDI standards as yielding outcomes.

Information for April 2016-March 2017 shows that the administration’s area pulled in the most astounding FDI value inflow of US$ 8.69 billion, trailed by broadcast communications – US$ 5.56 billion, and PC programming and equipment – US$ 3.65 billion. Most recently, the aggregate FDI value inflows for the long stretch of March 2017 touched US$ 2.45 billion.

Amid April 2016-March 2017, India got the most extreme FDI value inflows from Mauritius (US$ 15.73 billion), trailed by Singapore (US$ 8.71 billion), Japan (US$ 4.71 billion), Netherlands (US$ 3.37 billion), and USA (US$ 2.38 billion).

“Indian affect investments may grow 25 per cent every year to US$ 40 billion from US$ 4 billion by 2025,” as per Mr. Anil Sinha, Global Impact Investing Network’s (GIIN’s) counsel for South Asia.

Further, with a specific end goal to fit the different access routes for foreign portfolio interest in India, the Indian securities advertise controller i.e. Securities Exchange Board of India (“SEBI”) has presented another class of foreign investors in India known as the Foreign Portfolio Investors (“FPIs”). This class has been shaped by consolidating the current classes of investors through which portfolio investments were already made in India specifically, the Foreign Institutional Investors (FII’s).

Qualified Foreign Investors (“QFIs”):

QFIs are characterized under SEBI roundabout no. CIR/IMD/DF/14/2011 dated August 9, 2011, as foreign investors who are qualified to put resources into value and obligation plans of Mutual Funds in India and are occupant in a nation that conforms to the Financial Action Task Force principles and is additionally signatory to International Organization of Securities Commission’s Multilateral Memorandum of Understanding.

Sub-accounts:

Sub-accounts are characterized under direction 2(k) of SEBI (Foreign Institutional Investors) Regulations 1995 as any person inhabitant outside India for whose benefit investments are made by FIIs in India and who is enlisted as sub-account under these controls. They incorporate foreign corporate, foreign individual, wide based funds or portfolios built up or incorporated outside India

Already portfolio speculation was administered under various laws i.e. the SEBI (Foreign Institutional Investors) Regulations, 1995 (“FII Regulations”) for FIIs and their sub-records and SEBI handouts dated August 09, 2011 and January 13, 2012 representing QFIs, which are currently revoked under the SEBI (Foreign Portfolio Investors) Regulations (“FPI Regulations”) that oversee FPIs. SEBI has, in this way, expected to improve the general operation of making foreign portfolio investments in India.

Basically, foreign portfolio venture involves purchasing of securities, exchanged another nation, which is exceedingly fluid in nature and, in this manner, enable investors to make “speedy cash” through their successive purchasing and offering. Such securities may incorporate instruments like stocks and bonds, and dissimilar to shares, they don’t give administrative control to the investor in an organization. To represent FPIs, SEBI presented the FPI Regulations by a notification4 dated January 7, 2014.

(A) CLASSIFICATION BASED ENLISTMENT OF INVESTORS

FPI has been characterized under FPI Regulation 2(h) as a person meeting the qualification criteria determined under Regulation 4 (secured under (b) beneath) and properly enrolled under Chapter II and are considered as mediators for the reasons for SEBI Act, 1992. Under FPI Regulation 5 the accompanying three classes of FPIs have been made on the premise of related dangers –

(a) Category I incorporate foreign investors related to the government, for example, central banks, government organizations, sovereign riches funds;

(b) Category II incorporates controlled substances like banks, resources administration organizations, venture directors and so forth and expensive based funds, which might be managed, for example, common funds, speculation trusts and so forth. Or, on the other hand non-controlled; and

(c) Category III incorporates investors, which are not secured under classifications I and II.

The enrollment pre requisites are continuously troublesome relying upon the classification under which the investor falls with most straightforward customs for a class I investors. Dissimilar to the past circumstance wherein the QFIs, FIIs and their sub-accounts were required to enroll with SEBI for 1-5 years at first to operate, FPIs enlistment is completed by SEBI assigned store members on permanent premise unless suspended or cancelled. These progressions may tend to back out the underlying endorsement process for FPIs and ensuing operation by them contrasted with the past circumstance.

(B) ELIGIBILITY CRITERIA FOR FPIS

  • FPI Regulation 4 recommends the compulsory qualified criteria for enrollment as FPI. Here, the candidate must be a non-inhabitant in India yet non-occupant Indians (“NRIs”) is particularly disallowed. While this spells “terrible news” for NRIs, a fund having NRIs as its investors can operate as a FPI as expressed by SEBI. Further, the candidate is required to be a resident of a nation which meets the accompanying criteria-
  • Its securities showcase controller is a signatory to the International Organization of Securities Commission’s Multilateral Memorandum of Understandingor gathering to a MOU with SEBI; whose central bank is an individual from the Bank for International Settlements in the event that if the candidate is a bank; and
  • Not specified in people in general articulation of Financial Action Task Force as a nation having issues identified with fighting financing of fear based oppression or illegal tax avoidance.
  • The candidate should likewise be approved to contribute as per the law of its nation of consolidation or place of business and as per its Memorandum of Association and Articles of Association or some other proportionate report. Getting from the FII Regulations, the accompanying conditions have been made material for enrollment as a FPI –the candidate must have adequate experience, proficient skill, great reputation, monetary soundness and a notoriety for reasonableness and respectability; must meet the criteria indicated in the SEBI (Intermediaries) Regulations, 2008 and
  • Give of enlistment to the candidate must be in light of a legitimate concern for advancement of the securities showcase. SEBI may determine some other criteria every now and then.

TAX ASSESSMENT OF FPIS

After the FPI Regulations came in compel, perplexity won among India Inc with respect to the tax collection of FPIs. This was on the grounds that the diverse classes of investors were burdened contrastingly beforehand and there was no lucidity with reference to how the combined FPI will be saddled. The Central Board of Direct Taxes (“CBDT”) turned out with a notification dated January 22, 2014, regarding FPIs enlisted under the FPI Regulations as FIIs for tax collection purposes. The notice shows that all investor classes shaping the FPIs would be burdened likewise to FIIs. QFIs are burdened at the rates of 40% and 20% on here and now capital picks up and long haul capital increases, separately emerging from exchange of securities, which are brought down for FIIs under the Income Tax Act, 1961 (“Tax Act”), i.e. 30% for here and now capital increases and 10% for long haul capital gains. Similar duty treatment should, hence, advantage QFIs through lower tax collection under the new law. Notwithstanding, since the CBDT warning applies FII impose treatment to FPIs just for reasons for segment 115AD of the Tax Act, the pertinence of tax reductions that FIIs appreciate under different arrangements, for example, area 196D to FPIs stayed misty.

Without any difficulty in enlistment prerequisites and lucidity on tax assessment being gotten for FPIs, the new FPI administration is probably going to help portfolio investments in India by foreign investors. Conceding of permanent enrollments to FPIs should not expect them to approach the DDPs over and over for the same, therefore, giving them a more steady condition for interest in India. Then, with the designation of work to DDPs, SEBI would now be able to concentrate on more essential issues close by requiring its consideration and perform its regulatory part more adequately. It can be contended that the move to the new administration, for all classes of investors that have been consolidated, should be an agreeable one especially in light of the fact that a cushion period has been given to them to operate without requiring them to promptly conform to the customs and process for transformation to and operation as FPIs.