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Amit patel (Programmer)     20 January 2011

Is selling softwares witout registration legal in India?

Hi,


     I am selling my mobile game in Ovi store. Some of them are paid games & some are adwares (ad-funded). Is it legal in India to sell games or receive revenues from any ads-company without any business registration or company registration? Am i supposed to register for anything to sell these applications/games?

 

Thanks.



Learning

 5 Replies

tsramani (Main Partner)     21 January 2011

If you want to protect your business rights you should do the registration.

Softwares are needed to register under copy right Act ( some software need only registration under copy right act ) in some other cases you are required to register it  under Patent Act also.

Another thing is that apart from this, you are required to protect the business name of your product  under Trade mark Act also.

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Amit patel (Programmer)     21 January 2011

Thanks for the information. Is that means selling software is legal without registration in India?

varun kathuria (proffessional)     21 January 2011

selling software in india is illegal but it depends on the invented software, if it is a new invention thn you must have patent rights for that.

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Amit patel (Programmer)     21 January 2011

Thank you very much Varun.

      Games i developed are completely my own. They do not infringe any copyrights. However they are registered nowhere. I published these games at Ovi ( a site by Nokia). Games are free but they contain ads inside, & i receive money from an ad-company.

    

      I got this information about the copyright from few sites, that moment you made a software, you hold the copyright for that software. But to prove it better in a court, you should register to a copyright office, but it is not mandatory. Please correct me if i'm wrong.

 

      Is it ok to receive money for these games without any company or business registration? If not, what type registrations should I do?

 

      Thank you very much.

tsramani (Main Partner)     22 January 2011

 

You can without any Patent or copy right sell the product invented by you.

You can sell the product developed by you by any way of business (given below), but you will have to register your selves Under Local(State) Shop and Establishment Act, Other registrations required are 1). Local(State) Shop and Establishment Act,

2). Vat(Sales Tax) and Central Sales Tax,

3). If you are producing anything then , Excise Duty

4). Income Tax

Along with the above registrations, now let us talk about way of business, (Business Structure) it can be any one of the following:

1). Single proprietership  i.e. You can as an individual or person do the business(registration not required)

2).Unregistered Partnership

3).Registered Partnership

4). LLP( Limoited liability partnership)

5). Private limited Company

6). Public Limitsd Company

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