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RBI Asset Reconstruction Companies (ARC) Circular
RBI has issued guidelines vide its circular, which shall be applicable to all Asset Reconstruction Companies [ARC] : ...
Oct 13, 2024
Beyond Allegations: The Court's Clarity on Design Infringement and Trade Variants
The plaintiff, filed an interim application before the Bombay High Court against the Defendant, seeking temporary injunction, restraining...
Oct 10, 2024
SC: Where several instruments are executed for completing a transaction, the principal instrument alone shall be chargeable with duty
The Apex Court discussed the legal rule of discerning the real and true meaning of the instrument by ascertaining the intention of the...
Oct 1, 2024
Delhi High Court frustrates 'Fait Accompli'
“ This is one of the worst instances of abuse of the legal process, in commercial litigation, that this Court has had the misfortune...
Sep 30, 2024
A note on the concept of ‘Well-known’ trademarks in India
Understanding Well-Known trademarks in India: Recognition, Protection and Benefits The Trademarks Act, 1999, defines a well-known...
Sep 23, 2024
Delhi High Court: Arbitral award is not vitiated when the High Court appoints an arbitrator in an International Commercial Arbitration as per the arbitration agreement
In its recent judgement in Hala Kamel Zabal and Ors. v. Arya Trading Ltd. and Ors .[ 1] , a Single Judge Bench of the Delhi High Court...
Sep 4, 2024
Strengthening Accountability: The Delhi High Court's Landmark Decision on Patent Agents' Conduct and the Need for Regulatory Reform
There have been debates and court room comments on the conduct of Patent Agents over the few years since the IP division has started...
Aug 28, 2024
BNSS OR CRPC – A hitherto vexed question
From July 1, 2024, the provisions of new criminal code under the nomenclature Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) has come...
Aug 23, 2024
DD- Fact: Our indigenous IP portfolio management and tracking software
DDfact is an indigenous cloud-based IP portfolio management site that provides comprehensive solutions for tracking critical deadlines...
Aug 22, 2024
Limited rights to the Patentee? Is the twenty years patent term, ultra vires to the Constitution? Calcutta High Court clarifies in a Writ Appeal
It is rare to witness a writ petition challenging a statute. The case under discussion challenged a statue under the Patents Act, 1970. ...
Aug 19, 2024
Setting the Stage: European Artificial Intelligence Act 2024 Draws Global Attention
ORIGIN: Since 2016, many AI ethics guidelines have been published to maintain social control over the technology. Artificial intelligence...
Jul 2, 2024
Delhi High Court rejects Google LLC appeal against The Controller of Patents
In its recent judgment, the Delhi High Court dismissed an appeal filed by Google LLC (Hereinafter referred as the Appellant) challenging...
Jul 2, 2024
Alleged Patent Infringement by a commercial rival cannot raise the please of public interest
Boehringer Ingelheim International GmbH and Boehringer Ingelheim (India) Pvt. Ltd., the plaintiffs, who hold Indian Patent No. 268846 for...
Jul 2, 2024
Suit for specific performance although within limitation may not be decreed for reasons of delay
By way of the present judgement in Rajesh Kumar Vs Anand Kumar & Ors. (Civil Appeal No. 7840 Of 2023), the Apex court touched upon a...
Jul 2, 2024
Decoding the role of claim construction in adjudicating patent infringement suits
In a recent case before the Delhi High Court, the court rejected the plaintiff’s application for an interim injunction for...
Jul 2, 2024
The quandary of Sec 124 of the Trademark Act, 1999, resolved by Delhi High Court
In India, trademark related proceedings and their respective procedure are governed by the Trade Marks Act, 1999. This Act is a complete...
Jul 2, 2024
Drug Patents and their evergreening conundrum
Hyderabad-based Natco Pharma Ltd (Appellant) has recently been granted interim relief by the Division Bench of the Delhi High Court in a...
Jul 2, 2024
Supreme Court: Non-compliance of the statutory provisions by the Bank while conducting auction sale can cause the sale in question to be set aside
In a recent case before the Supreme Court, the Court set aside the auction sale as the bank did not follow the prescribed mandatory...
Jul 2, 2024
Serious errors and wrongful interpretation of contract, by a Arbitral Tribunal is a violation of the fundamental policy and violation of the principles of natural justice
On 8th April 2024, the Delhi High Court, in a case between National Highway Authority of India V/s M/s Ssangyong Engineering And...
Jul 2, 2024
Supreme Court: In Insurance, the principle of ‘good faith’ imposes meaningful reciprocal duties owed by the insured to the insurer and vice versa
In a civil appeal before the Supreme Court, the court inter alia discussed what constitutes a material fact and the relevance of...
Jul 2, 2024
Could discontinuation of a divisional application impact the enforceability of its parent patent?
The Delhi High Court granted an interim injunction to Novartis AG [Plaintiff] against Natco Pharma Ltd., [Defendant] in a patent...
May 1, 2024
Supreme Court: The Companies Act supersedes the Stamp Act for the purpose of stamping of the Articles of Association of a company
Brief background of the case: In 1992, the Respondent company increased its share capital and accordingly paid the stamp duty as per...
May 1, 2024
Supreme Court answers whether the period of limitation for filing execution petition is 3 years or 12 years
Background of the case: The Appellant (hereinafter “Plaintiff”) filed a suit against the Respondents (hereinafter “Defendants”) which...
May 1, 2024
Delhi High Court: In a dispute relating to patents, it is important to assess the pith and marrow of the invention
In a recent case before the Delhi High Court, the court discussed the “Doctrine of Equivalents” and how the pith and marrow test ought to...
May 1, 2024
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