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The Competition Act, 2002 enacted on 13th January 2003 was amended vide Competition Act, 2007. The Competition Act, 2002 has come into force in respect of Anti-Competitive Agreements and Abuse of Dominance with effect from 15th May 2009, setting the law into action after a gap of about five years since its enactment.
Sections 5 and 6 of the Competition Act, 2002 dealing with Anti-Competitive Combinations have also been notified with effect from 1st June 2011.
VGA had been handling matters under the preceding legislation dealing with unfair and restrictive trade practices in India, namely the Monopolies & Restrictive Trade Practices (MRTP) Act, 1969.
Since the enforcement of the Competition Act, VGA is:
- Advising clients on Competition law related issues in business transactions and arrangements, reviewing existing agreements, arrangements and practices for compliance of the law
- Assisting clients in preparing and filing responses to official notices and inquiries
- Advising and assisting clients in filing of actions/complaints in respect of violation of the Competition law.
- Handling matters before the Competition Commission, Competition Appellate Tribunal and other Courts and Tribunals in relation to the Competition law
- Providing hands-on training on Competition law and its compliance to business entities.
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Litigation, as for you, even for VGA is the last resort and is not recommended unless it is strategically found to be important for growth, achieving business aspirations and enforcing rights.
VGA has extensive experience in handling disparate corporate, commercial and civil litigation matters with expertise in strategizing, court craft and procedures, advocacy and trial. Over the years, VGA has acquired expertise in handling:
- Cases in relation to corporate oppression and mismanagement, for winding up and liquidation of assets and other corporate issues
- Actions for recovery
- Disputes arising out contractual / commercial relations including in relation to specific performance of contracts
- Actions relating to anti-competitive practices
- Cases relating to infringement / passing off of Intellectual Property Rights
- Cases relating to economic offences and white-collar offences
- All kinds of disputes relating to immoveable property including land acquisition cases; suits for possession / partition / injunction / mesne profits and damages; and, such other actions
- Disputes under Family laws
VGA has been representing clients in all courts, tribunals and legal fora in Delhi and certain other states including;
- Supreme Court of India,
- High Court of Delhi,
- High Court of Punjab & Haryana,
- District Courts & Tribunals,
- Board for Industrial and Financial Reconstruction,
- Company Law Board,
- Debt Recovery Tribunal,
- Competition Appellate Tribunal,
- Consumer Courts at District, State & National levels.
In other parts of the country, VGA has liaisons with chosen associates for handling litigations.
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In line with the objective and vision of the firm, to use legal tools as facilitators and not disruptors of business, VGA actively supports and provides services for resolution of disputes through alternative dispute resolution (ADR) mechanisms.
VGA has been representing business entities and other clients in proceedings before arbitral tribunals such as FICCI Arbitral Tribunal, PHD Chambers of Commerce, ICA and arbitrator(s) as may be appointed by the Court or otherwise in terms of agreements between the parties.
Frequently, VGA is also assisting clients in getting their disputes resolved through mediation by Mediators appointed by the Court and through negotiation and other ADR mechanisms. Courts in Delhi are increasingly encouraging the resolution of disputes through ADR mechanisms and providing state of the art facilities to aid the process.
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Matters relating to Family laws are required to be handled with skill so that disputes are avoided to the largest extent possible and when they become inevitable, the focus of VGA is to expedite resolution.
VGA has extensive experience of and necessary expertise for handling varied convoluted matters relating to Family laws including:
- Matters involving testamentary and non-testamentary succession issues
- Proceedings for grant of Probate or Letters of Administration
- Partition suits and matters relating to family settlements
- Matrimonial matters
- Guardianship and adoption matters
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The Intellectual Property (IP) Practice forms one of the core areas of services provided by VGA. The IP team is dedicated to providing efficient and diligent IP prosecution, enforcement, litigation and commercialization services at very competitive cost to clients. The firm has been engaged by a number of entrepreneurial entities, in addition to prominent companies and businesses.
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Though copyright vests in an original expression/work automatically upon creation; registration is recommended for evidentiary purposes.
VGA has experience of and expertise in:
- Prosecuting applications for registration of copyright works including artistic, literary and musical works, sound recordings and cinematographic works
- Advisory services
- Licensing and commercialization of copyright works
- Anti-piracy and enforcement actions
- Civil & Criminal Litigation in relation to infringement of copyright works, breach of confidential information, counterfeiting and piracy.
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Designs broadly constitute non-utility based novel appearance of articles and are protected under the law only if they are registered under the Designs law.
VGA has experience of and expertise in:
- Preparing and prosecuting applications for registration of designs
- Advisory services
- Commercialization of design copyrights
- Enforcement of design copyrights
- Litigation in respect of design copyright infringement.
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Patent law broadly protects inventive products and processes.
VGA provides full range of patent services, including:
- International/Indian prior art search
- Patent drafting and filing
- Patent prosecution
- Portfolio management, monitoring and renewal of patents / applications
- Patent landscape analyses
- Infringement analyses
- Freedom to operate analyses
- Due diligence
- Patent enforcement and licensing
- Initiation, support and management of corporate patent programs
- Patent Office appeals, interferences, and reexaminations
The firm’s area of expertise lies across a wide range of technology fields, including electrical, electronics, telecommunications, biological, chemical, mechanical and computer fields.
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VGA has experience of and expertise for handling all kinds of works relating to prosecution, protection and enforcement of trade marks and geographical indications, including:
- Search of prior marks
- Prosecution including handling opposition and rectification proceedings before the Trade Marks Registrar and Intellectual Property Appellate Board
- International Trade Mark prosecution
- Renewal and Restoration
- Advisory services
- Licensing and commercialization
- Anti-counterfeiting actions
- Civil & Criminal Litigation in respect of, inter alia, trade mark infringement, passing of, counterfeiting.
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VGA advises clients on negotiating, structuring and drafting documents for effecting diverse corporate-commercial transactions.
Representative work:
- Negotiated and prepared agreements for formation of a joint venture (s)
- Negotiated and prepared agreements for setting up of franchisees, agencies, exclusive licensees and other collaborative arrangements of domestic and international entities in India.
- Handled takeover, merger and amalgamation transactions.
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VGA specializes in real estate transactions and provides strategic advisory services in relation to sale, purchase, lease, license and other transactions in relation to immoveable property in India.
Over the years, VGA has acquired a deep and thorough understanding of complex land laws and regulations in India and guide clients through them for successful conclusion and implementation of such contracts through registration.
VGA has structured, negotiated and prepared agreements for sale, purchase, lease, license and other transactions in relation to immoveable property.
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