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Ahrar Alam (CEO)     25 May 2014

Manufacturing a product new to india

We want to manufacture a product in India. The product is no where in India till now. But the product is already being made at few places in Europe. Please Guide me how to go ahead. Thanks

 
 
 


Learning

 8 Replies

Dr J C Vashista (Advocate)     25 May 2014

Disclose full facts, get the firm registered, aggresively advertise the product and patented, if so.

Must engage a local lawyer to take care of legal procedures, hassles and disputes.

Anand Bali Adv. (Advocate Solicitor & Consultant)     25 May 2014

I do agree with the learned Expert Dr Vashishta. In India the manufacturers are categorized in different groups and the policy also differ from trade to trade. Unless you will not disclose the Item no proper guide lines can be given to you.

The industry size also matters as there are different categories of it starting from Large scale to the Small scale and Gharelu Udhyogs.

It will always be better to engage an experienced Advocate for the getting registration and all the legal formalities done on your behalf.

Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)

K.K.Ganguly (Advocate)     25 May 2014

1. Take permission to produce it here if the said product has been patented,

 

2. Start producing following Indian law.

ramanathan (Chief Legal Consultant)     25 May 2014

Dear Ahrar Alam, Greetings. Wishing you all the best for yiur new product in India.

1. Whether you have got a Patent for the product in Europe? or some body got the same in Europe.

2. If you got a patent in Europe, you first apply for an Indian Patent based on the Europe patent. Even if some body got a patent fir the same in Europe, nithing prevents yiu from applying for a patent in India.

3. Before starting production or manufacturing in India, you must apply for appropriate licenses with the concerned Authorities which depend upon the nature of product, by constituting a firm or Comoany either Private Limited or Public Limited with an Indian counterpart as a Director with an address in India. Further yiu have to comply with the statutory regulations by the Local Authiries where your  manufacturing facility  is created.

I can assist you in formation of a Compnay and for incorporation in India, provided full information is disclosed to me which will be kept Confidential.

 I shall also assist you in applying for a patent in India. If yiu are an Indian, then yiu can apply with yiur Indian address. If yiu are a foreigner also, you can apply with your foreign address. If yiu wish to have the patent in your Indian Company's name, then yiu must firm the Indian Company first before applying.

If yiu require any further clarifucation, please do nit hesitate to contact me 09994675721 or rprama@gmail.com

Ramanathan R P

Advocate and Consultant.

 

 

 

Biswanath Roy (Advocate)     26 May 2014

1. Prepare a viable Project with appropriate man power planning.

2. Register the Company- If it is Public Limited or Private Limited Company then Register it under company law by engaging any company law expert. If it is Partnership Company prepare a Partnership Deed and get it registered by the Registrar of your State

. 3. Hire a Corporate and Business lawyer and a good Chartered Accountant and one experienced and qualified Management Personnel

.4. Obtain Trade Mark and PATENT OF YOUR PRODUCT from the concerned authority.

T. Kalaiselvan, Advocate (Advocate)     26 May 2014

Well advised by all learned senior advocates on the issue, now it is for you to take a decision based on the advises rendered to move further accordingly.

subramanian (consultant)     28 May 2014

As you are a CEO you must be well aware about starting a company and getting licences As regards patent a patent is granted only if it is not known anywhere in the world on the date you apply.As the product is already sold in other parts of the world as of now you will not get a patent in India If the product is not patented in India already by the patentee he cannot do so now as that would be objected by the Indian Patent office on the ground of lacking in novelty.Hence if there is no patent protection in India, you can manufacture the same in India. As regards trademark you can register the mark provided it is not registered in India for the same or similar product T.R.Subramanian Ex controller general of patents, designs and trademarks

Prashant Mule (LEGAL SERVICES)     07 July 2014

It depends on what manufacturing activity you need to carry here for the same you need to comply various laws which are mandatory. Intellectual Property law are personal in nature which protectour invention in Patent Act and the process of your marketing and selling in the market in Trade Mark, Copy Right and Design Act. So firstly check out your product where it falls, qny guidelines are formulated because it may land u in bad place. For eg: if your product falls under the list of goods which requires BIS mark. It is an offence if your product is sold without bearing mark BIS, you need to have valid BIS license from Bureau of Indian Standards. All the best.

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