Gayatri P Man (Not Applicable) 24 August 2016
adv.bharat @ PUNE (Lawyer) 25 August 2016
What kind of assignement deed it is?
As per my knowledge ther is no such stamp duty for IPR.
For license agreemnt there is stamp duty & registration charges it is calculated as Total rent+ Deposit X 0.025.
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Ms.Usha Kapoor (CEO) 02 September 2016
Dear Client,
As far as copy right is copncerned stamp duty is completely exempted according to Article 25 of Schedule 1 of Bombay stamp Act. Regarding Patents and Trade Marks the stamp duty payable depends on the amopunt of consideration exchnged bwetween th eseller and buyer of the sale/purchase of Patent/Trade Mark.Regarding Licence Agreements of IPRs you contacxt the concerned District Collector as to applicable rates of stamp duty for Licensing Agreements of IPR transactions.
Ms.Usha Kapoor (CEO) 02 September 2016
Dear Client,
As far as copy right is copncered stamp duty is completely exempted according to Article 25 of Schedule 1 of Bombay stamp Act. Regarding Patents and Trade Marks seller and buyer/Assignor/ Assignee of the sale/purchase of Patent/Trade Mark.Regarding Licence Agreements of IPRs you contacxt the concerned District Collector as to applicable rates of stamp duty for Licensing of IPR transactions.
Ms.Usha Kapoor (CEO) 02 September 2016
Dear Client,
As far as copy right is copncerned stamp duty is completely exempted according to Article 25 of Schedule 1 of Bombay stamp Act. Regarding Patents and Trade Marks the stamp duty payable depends on the amount of consideration exchnged bwetween the /Assignor/Assignee seller and buyer of the sale/purchase of Patent/Trade Mark.Regarding Licence Agreements of IPRs you contact the concerned District Collector as to applicable rates of stamp duty for Licensing Agreements of IPR transactions.
Ms.Usha Kapoor (CEO) 24 September 2016
Assignment of copyright has to be in writing and signed by the assignor or by his duly authorised agent. Copyright consists of a bundle of different rights in the same work, which can be assigned either as a whole to one party or separately to different parties.
· The deed of assignment must specify the `rights assigned’, the duration and territorial extent of assignment, and the royalty payable, if any. When duration of assignment is not specified, it is presumed to be for five years and when territorial extent is not specified, it is presumed to extend within India. (Section 19, Copyright Act, 1957)
· An assignment of a Copyright is exempted from Stamp Duty. (Article 25 of Schedule I of the Bombay Stamp Act, 1958).
The above provisions apply both to registered and unregistered copyright. Apart from the above requirements, in case of registered copyright, the following additional steps also have to be taken.
Registered Copyright
Assignee has to make an application for registration of changes in the particulars of copyright entered in the Register of Copyrights in Form V under Rule 16 of Copyright Rules, 1958 to be delivered by hand or registered post. Attested copies of the deeds of assignments should be enclosed with the application.
Ms.Usha Kapoor (CEO) 24 September 2016
Assignment of copyright has to be in writing and signed by the assignor or by his duly authorised agent. Copyright consists of a bundle of different rights in the same work, which can be assigned either as a whole to one party or separately to different parties.
· The deed of assignment must specify the `rights assigned’, the duration and territorial extent of assignment, and the royalty payable, if any. When duration of assignment is not specified, it is presumed to be for five years and when territorial extent is not specified, it is presumed to extend within India. (Section 19, Copyright Act, 1957)
· An assignment of a Copyright is exempted from Stamp Duty. (Article 25 of Schedule I of the Bombay Stamp Act, 1958).
The above provisions apply both to registered and unregistered copyright. Apart from the above requirements, in case of registered copyright, the following additional steps also have to be taken.
Registered Copyright
Assignee has to make an application for registration of changes in the particulars of copyright entered in the Register of Copyrights in Form V under Rule 16 of Copyright Rules, 1958 to be delivered by hand or registered post. Attested copies of the deeds of assignments should be enclosed with the application..If you appreciate this answer please click the Thank you button on this forum./
Gayatri P Man (Not Applicable) 01 March 2017
@ adv.bharat @ PUNE and @ Ms.Usha Kapoor
Thanks for your reply.
I am looking for the stamp duty on the licensing agreement for licensing patent-rights in Maharashtra.