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Served or received, that is the question: an Indian trademark dilemma resolve...

In a recent decision, the Delhi High Court highlights critical issues surrounding the service of notice in trademark proceedings. ...
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Understanding the Consequences of Negligence in Patent Practices in India

The Controller General of Patents has ordered the removal of a patent agent from its register, following a committee report on his professional misconduct. The report was made following directions from the Delhi High Court in a case where the applicant raised concerns about their agent. ...

MIB Issues Latest Advisory for OTT Platforms Amid Content Regulation Debate

Pursuant to the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the personal data of a 'Data Principal' can be processed only in accordance with the DPDP Act and for a lawful purpose for which the Data Principal has given consent. This consent needs to be 'free, specific, informed, unconditional and unambiguous' with a clear affirmative action. ...

India’s Draft Guidelines On AYUSH Keep Traditional Knowledge And Innovations In Harmony

Pursuant to the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the personal data of a 'Data Principal' can be processed only in accordance with the DPDP Act and for a lawful purpose for which the Data Principal has given consent. This consent needs to be 'free, specific, informed, unconditional and unambiguous' with a clear affirmative action. ...

The Differing Scope Of Revocations And Invalidity Defences In India

Pursuant to the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the personal data of a 'Data Principal' can be processed only in accordance with the DPDP Act and for a lawful purpose for which the Data Principal has given consent. This consent needs to be 'free, specific, informed, unconditional and unambiguous' with a clear affirmative action. ...

From Distinctiveness to Genericide: Avoiding Trademark Ruin

The odds of successfully obtaining or protecting a trademark depend on various factors. For example, the presence of identical or similar marks, either pre-existing on the trade marks register or available in the market is a fundamental test. Another factor is the proposed mark’s distinctiveness, or its ability to stand out on its own. ...

Extraordinary exceptions to deadlines at the Indian Patent Office

When hardcoded statutory deadlines are violated, can delays be condoned? This was the central question answered by the Delhi High Court in The European Union Represented by the European Commission vs. Union of India. The court allowed for an extension of a non-extendable statutory deadline in a patent matter because of the exceptional circumstances of the case. ...

Bollywood’s Sholay Still Reigns Supreme: Protecting Film Titles in India

Cinema is a way of life in India, and the one film that epitomizes this national obsession is Sholay. Released nearly half a century ago, Sholay is a genre-defining film, whose appeal transcends all boundaries of geography, language, ideology, and class, and that established standards for what we now call “masala” blockbusters. ...

Filing Trademarks in India: From Application to Renewal

Trademarks in India are governed by the Trade Marks Act, 1999 (“Act”) and Trademark Rules, 2017. The Act provides the procedure for the registration of any mark capable of being represented graphically as a word, device, label, numerals, or combination of colours, shape or sound, and capable of distinguishing the goods or services of one person from another. In other words, a trademark is a source identifier of businesses, products and services. ...

Of “Unspecified value” no longer: A judicial knell for forum shopping in IP suits

The forum for adjudicating commercial suits in India is governed by the Commercial Courts Act, 2015 (“CCA”), where cases are heard by courts at different levels depending on the valuation of the suits. Lesser-valued cases are heard by courts lower in the judicial hierarchy and fall outside the direct scrutiny of the CCA, thus being subject to relatively lower regulation. ...

Narrowing the Field: Selection Patents and Purposive Selection in India

Inventions that fall within, or overlap with, disclosures in the prior art are called “selection inventions”. Generally, selection inventions involve the selection of one or more specific embodiments, such as individual elements, subsets, or sub-ranges, within a larger known set or range disclosed in the prior art. This raises critical questions around how the novelty and inventive step of selection patents should be judged. ...
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In recent years, there has been a rapid expansion in the influencer marketing landscape in India, where social media influencers promote products and services across various platforms. This surge has led to challenges surrounding transparency, accountability, and consumer protection. ...
In a recent judgment , the Delhi High Court ("Court") has examined whether hyperlinking to alleged defamatory content would amount to republication and therefore give rise to a fresh action for defamation under Section 499 of the Indian Penal Code, 1860. ...
The Securities and Exchange Board of India (“SEBI“) issued a consultation paper dated March 20, 20251 (“Consultation Paper“), proposing certain amendments to the SEBI (Share Based Employee Benefits and Sweat Equity) Regulations, 2021 (“SBEB Regulations“), and inviting comments from the public on the same. ...
The Ghibli-style trend sweeping through social media has raised key questions around copyright infringement, as discussed in this note. ...
The Controller General of Patents has ordered the removal of a patent agent from its register, following a committee report on his professional misconduct. The report was made following directions from the Delhi High Court in a case where the applicant raised concerns about their agent. ...
In today's world, transparency in business ownership is no longer optional—it is essential and moreover mandatory. The increase in economic crimes such as money laundering, tax evasion, and misuse of corporate structures has prompted regulators around the globe to tighten disclosure norms. ...
On January 20, 2025, the Reserve Bank of India ("RBI") introduced significant updates to its master directions on foreign investment in India ("Master Directions"). This move aims to provide clarity on various regulatory aspects, particularly concerning downstream investments by Foreign-Owned or Controlled Companies. ...
In a recent decision, the Madras High Court has clarified the scope of exclusion from patentability under Section 3(i) of the Indian Patents Act, 1970, pertaining to methods of treatment for animals, among other things. ...
The registrability of graphical user interfaces (GUIs) has had a chequered past in India. This post discusses latest developments in this matter, including the fallout of a 2023 Calcutta High Court asking the Designs Office to reconsider an order rejecting the application for registering a GUI design. ...
The Bureau of Indian Standards has released draft standards titled "E-commerce – Principles and Guidelines for Self-Governance" dated January 2025 (herein after referred to as the "Guidelines"). These Guidelines are imperative for the self-governance of e-commerce entities, ensuring fairness and transparency for all stakeholders including consumers and businesses. ...
In a recent decision involving the reinstating of two civil judges in Madhya Pradesh, Justice Nagarathna of the Supreme Court made some key observations on the representation of women in the judiciary. ...
The Delhi High Court clarifies that patent applicants must strictly comply with disclosure requirements in drafting complete specifications, and interprets the scope of Sections 3(c), 10(4) and 10(5) of the Patents Act in a recent decision. ...
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