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Gayatri P Man (Not Applicable)     24 August 2016

Stamp duty for assigning/licensing ipr

What is stamp duty applicable on (1) deed of assignment of Intellectual property rights and (2) License Agreement for IPR in Maharashtra. Please help.


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 7 Replies

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.

If u like my solution then give THANKS on my profile.

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

 

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

Intellectual Property - Patent

Assignment of copyright

Intellectual Property - Patent

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.

 
 


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