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NEW NORMS ON COMPANY NAMES TO TAKE EFFECT FROM SEPTEMBER 1, 2021

On July 22, 2021, the Ministry of Corporate Affairs notified the Companies (Incorporation) Fifth Amendment Rules, 2021 (“Amendment”), thereby amending the Companies (Incorporation) Rules, 2014 (“Rules”). The Amendment, has inserted a new Rule 33A (Allotment of a new name to the existing company under Section 16(3) of the Act) after Rule 33 under the Rules. ...
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Useful info for securing IP rights in India

Official fees for filing Patents in India

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To Litigate or Arbitrate, a “Heroic” Dilemma

As intellectual property disputes grow in number in India, corresponding questions arise regarding the most appropriate adjudicating authority to be approached for redress. Besides regular courts, IP disputes also occasionally make their way into arbitrations. But the circumstances under which IP disputes can be referred to arbitration are not always clear. ...

Who Judges Whom: Turf Wars, Forum Shopping and Anti-suit Injunctions

An anti-suit injunction is an order by the court which restricts a party from filing or continuing with proceedings in another court, including foreign courts, with regard to the subject matter of the suit. When courts are approached by a party seeking an anti-suit injunction, they generally establish a ‘forum conveniens’, i.e., determine the most appropriate forum to decide upon the dispute. ...

Application Stages And Timelines

What are the variou...

What Can Be Protected In A Design Application

Six months after it became a signatory to the Locarno Agreement (which establishes a classification for industrial designs), on 25 January 2021, India notified the Design (Amendment) Rules, 2021 to formally adopt the “Locarno Classification”. ...
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Employment Laws in India have traditionally been governed by contract as well as multifarious and fragmented legislations, both at the central and state level. With a view to harmonising and consolidating the various legislations pertaining to employment, social security, wages, industrial disputes and other relevant labour/employment related matters, the Ministry of Labour and Employment ("Ministry") introduced four bills in 2019 to amalgamate 29 central laws related to labour laws. These bills have been codified and enacted. ...
"You become a celebrity, not because of your work or what you do, but because you have no privacy", said Lisa Kudrow. Celebrities across the globe are faced with the daunting task of keeping their personal lives away from public scrutiny. ...
In 2016, the Insolvency and Bankruptcy Code (“IBC”) was enacted with the objective to bring the insolvency law in India under a single unified umbrella and to ensure speedy resolution of an entity (“Corporate Debtor”) which has defaulted in payment to its creditors (including the statutory authorities). ...
While determining whether a contract created an interest in the premises or in the business, the Supreme Court recently reiterated the parol evidence rule in the case of Mangala Waman Karandikar vs. Prakash Damodar Ranade. ...
In recent years, SPACs, or ‘Special Purpose Acquisition Companies’, have snaked their way into the lexicon of every investor worth its salt. SPACs are the shiniest new ‘instrument’ on the block and the numbers lend into the hype; for instance, 2020 witnessed the execution of a record 248 SPACs raising a collective USD 83 billion on NASDAQ , even as the world succumbed to a pandemic. Further, it is estimated that there are now close to 400 SPACs on the market with more than USD 120 Billion on their balance sheets. ...
Section 126 of the Indian Contract Act, 1872 , states that guarantee means a contract to perform the promise or discharge the liability of a third person, in case of their default. Bank Guarantee is therefore a guarantee provide by a lending institution, wherein the debt by a debtor is covered by a Bank. ...
In the first part of this two-part series, we offered a brief overview of NFTs and their applicability in the art world. This second part discusses the copyright and other related legal implications surrounding NFTs. ...
The business of purchasing art is traditionally associated with the sale of unique, physical objects whose source was verified by galleries, auction houses and, typically, a trail of paper, to distinguish an original from a copy. In the physical world, you can simply go and buy a painting that you wish to hang on your wall. ...
The Ministry of Consumer Affairs (MCA) on June 21, 2021, suggested amendments to the Consumer Protection (E-commerce) Rules, 2020 (“E-Commerce Rules”), with the aim of tightening the functioning of large online marketplaces. ...
On 25th November, 2015, Oravel Stays Private Limited (Oyo) entered into a term sheet with Zostel Hospitality Private Limited (Zostel), for acquiring its assets including property data, customer data, intellectual property rights, software etc. The term sheet explicitly stated in its preamble that it will not be binding. ...
Gambling in India faces a peculiar predicament. It's our worst kept secret. The blanket ban in India of any activity that constitutes 'gambling' has existed since the British-Era, and ironically, has not undergone significant modification since that century. ...
The Government of India, in supersession of the Information Technology (Intermediary Guidelines) Rules, 2011, notified the Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021 (hereinafter referred to as the “Rules”) under the Information Technology Act, 2000 (“IT Act”) on February 25, 2021. ...
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