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The said covenant may not strictly be enforceable since the same can be construed as being an agreement in restraint of trade, especially since the same relates to a period after the termination/expiry of the contract under consideration. Such agreements in restraint of trade are not valid under law and therefore cannot be given effect to. The exception to such a law has been carved out only in case of sale of goodwill or under the Partnership Act. Therefore, you should take up the issue with the company, inform them about the invalidity and it is further advisable to remove the said clause in order to avoid any litigation relating to the said clause in future.

Procedure for removal of a director of a private limited company:

A Company by ordinary resolution in an Annual general meeting or an extraordinary General meeting can remove a director. Special Notice about the resolution to remove a director shall be issued to the members. A copy of the said notice to be sent to the director to be removed also. The director shall be given an opportunity of being heard in the meeting. If the director gives any written representation to the notice, then the said representation shall be given to all members. If the representation could not be given to all members, then the Director can request the said representation to be read out in the meeting. The members can pass an ordinary resolution, by a simple majority and remove the director. The Company shall within 30 days from the removal of a director file Form No.32 and a copy of the resolution with the Registrar Acquire his shares directly or indirectly so that his shares are acquired by the remaining directors. This may be done through the direct purchase of shares in the market or by offering the same to the exiting director to sell his rights to the remaining Directors as price agreed upon or at the market value.

On-line Coaching provided via internet, Online Coaching Includes all the Benefits of physical classroom learning like Video Lectures, Assignments, live Doubt solving sessions, Discussion Forums, Exam Preparatory tests, and much more. Here, a student controls the learning process, by choosing when and how much to study as per prescribed Study Plan developed by experienced teachers. A teacher plays the role of a guide, Instead of controlling the learning process or the student. Syllabus completion for such subjects will be done thru Live Virtual Classroom sessions (LVCs). Coming to the legal point all study materials which is a know-how and asset of the creator so it has to be copyright © requirements and Procedure for Copyright

As its an online a domain is mandatory there are many vendors who provide web hosting services like GoDaddy so one can get a domain and get started with online teaching portal.

As its a knowledge or know how to issue the software can be copyrighted if its own creation.  Requisites for filing a copyright application:

1. Name, address, and nationality of the applicant 

2. Name, address, and nationality of the author of the work  

3. Nature of the applicant’s interest in the copyright i.e. OWNER / LICENSEE etc. 

4. Title of the work 

5. A declaration signed by the author (if different from the applicant) 

6. Language of the work

7. Whether the work is published or unpublished 

8. If the work is published, year and country of first publication and name, address and nationality of the publisher  

9. Year and countries of subsequent publications, if any

10. Name, address and nationality of any other person authorized to assign or license the rights in the copyright

11. Power of attorney for the firm

12. Six hard copies of the work and three soft copies 13. (For computer programs – 3 copies of the program on CD ROMs.)

After all the review if the authority deems fit the copyright will be allotted. If you have to take the rights of another person then an approval with the contract has to be obtained as a matter of license to use such invention by paying the required amount as royalty.

If the brand is to be protected trademark has to be obtained Trademark is a sign of serious commercial intent and protects/increases the goodwill of the owner’s business. A trademark gives the owner legal recourse against illicit use It is seen as an evidence of ownership A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services. for online coaching, you should have a domain and all the technical support. When it comes to taxation it depends on the type of entity live sole trading concern, partnership etc. as prescribed as per the tax slab rate.

Employment does not transfer any right of your software. Copyright is an asset. Without any agreement, no one can use or misuse any such property without the permission of the owner you have remedies under both civil and criminal law Civil Remedies for Copyright Infringement The civil remedies for copyright infringement are covered under Section 55 of the Copyright Act of 1957. The different civil remedies available are:

1) Interlocutory Injunctions The most important remedy is the grant of an interlocutory injunction. In most case, the application filled is for interlocutory relief and the matter rarely goes beyond the interlocutory stage. There are three requirements for there to be a grant of interlocutory injunction – Firstly, a prima facie case. Secondly, there needs to be a balance of convenience. Finally, there needs to be an irreparable injury.

2) Pecuniary Remedies Copyright owners can also seek three pecuniary remedies under Section 55 and 58 of the Copyright Act of 1957. First, an account of profits which lets the owner seek the sum of money made equal to the profit made through unlawful conduct. Second, compensatory damages which let the copyright owner seek the damages he suffered due to the infringement. Third, conversion damages which are assessed according to the value of the article.

3) Anton Pillar Orders The Anton pillar order gets its name from the holding in Anton Pillar AG V. Manufacturing Processes. The following elements are present in an Anton Pillar Order – First, an injunction restraining the defendant from destroying or infringing goods. Second, an order permitting the plaintiff’s lawyer to search the defendant’s premises and take goods in their safe custody. Third, an order that the defendant be directed to disclose the names and addresses of suppliers and consumers.

4) Mareva Injunction The Mareva injunction comes into play when the court believes that the defendant is trying to delay or obstruct the execution of any decree being passed against him. The court has the power to direct him to place whole or any part of his property under the court’s disposal as may be sufficient to satisfy the decree. This is provided in Order XXXVIII, Rule 5 of The Civil Procedure Code, 1908.

5) Norwich Pharmacal Order The Norwich Pharmacal Order is usually passed when information needs to be discovered from a third party. Criminal Remedies Under the Copyright Act, 1957 the following remedies are provided for infringement: Imprisonment up to 3 years but, not less than 6 months Fine which may not be less than 50,000 but, may extend up to 2,00,000 Search and seizure of infringing goods Delivery of infringing goods to the copyright owner

Employment does not transfer any right of your software. Copyright is an asset. Without any agreement, no one can use or misuse any such property without the permission of the owner you have remedies under both civil and criminal law Civil Remedies for Copyright Infringement The civil remedies for copyright infringement are covered under Section 55 of the Copyright Act of 1957. The different civil remedies available are:

1) Interlocutory Injunctions The most important remedy is the grant of an interlocutory injunction. In most case, the application filled is for interlocutory relief and the matter rarely goes beyond the interlocutory stage. There are three requirements for there to be a grant of interlocutory injunction – Firstly, a prima facie case. Secondly, there needs to be a balance of convenience. Finally, there needs to be an irreparable injury.

2) Pecuniary Remedies Copyright owners can also seek three pecuniary remedies under Section 55 and 58 of the Copyright Act of 1957. First, an account of profits which lets the owner seek the sum of money made equal to the profit made through unlawful conduct. Second, compensatory damages which let the copyright owner seek the damages he suffered due to the infringement. Third, conversion damages which are assessed according to the value of the article.

3) Anton Pillar Orders The Anton pillar order gets its name from the holding in Anton Pillar AG V. Manufacturing Processes. The following elements are present in an Anton Pillar Order – First, an injunction restraining the defendant from destroying or infringing goods. Second, an order permitting the plaintiff’s lawyer to search the defendant’s premises and take goods in their safe custody. Third, an order that the defendant be directed to disclose the names and addresses of suppliers and consumers.

4) Mareva Injunction The Mareva injunction comes into play when the court believes that the defendant is trying to delay or obstruct the execution of any decree being passed against him. The court has the power to direct him to place whole or any part of his property under the court’s disposal as may be sufficient to satisfy the decree. This is provided in Order XXXVIII, Rule 5 of The Civil Procedure Code, 1908.

5) Norwich Pharmacal Order The Norwich Pharmacal Order is usually passed when information needs to be discovered from a third party. Criminal Remedies Under the Copyright Act, 1957 the following remedies are provided for infringement: Imprisonment up to 3 years but, not less than 6 months Fine which may not be less than 50,000 but, may extend up to 2,00,000 Search and seizure of infringing goods Delivery of infringing goods to the copyright owner