Obhan & Associates

Indian law excludes from patentability ‘essentially biological processes’ under Section 3(j) of the Patents Act, but does not explain what degree of human intervention can shift an invention away from being deemed ‘essentially biological’. A recent decision of the Madras High Court attempts an interpretation of this provision, highlighting also the importance of well reasoned orders from the patent office. ...

Divisional applications must be filed before the parent patent application is granted or rejected, but getting the timing right can be tricky, especially when it is not known as to when the grant or rejection will actually take place. A recent case from the Madras High Court offers insights as to when divisional applications must be filed in different scenarios. ...

Artificial Intelligence ("AI") holds transformative potential for India’s economy and society. However, this power also brings legal, ethical, and regulatory challenges that necessitate a comprehensive governance framework. The "Report on AI Governance Guidelines Development" ("Report") outlines India’s roadmap for addressing these challenges through a legally sound and inclusive approach. ...

The Delhi High Court restrained Wipro from using the mark ‘EVECARE’ for women’s hygiene products after Himalaya filed a passing off action. The case discusses questions around the elements of passing off involving allied/cognate goods, and the relevance of the NICE system of classification of trademarks in such actions. ...

On January 3, 2025, the Ministry of Electronics and Information Technology ("MeitY") notified the draft Digital Personal Data Protection Rules, 2025 (the "Draft Rules") under the Digital Personal Data Protection Act, 2023 (the "Act"). The Draft Rules aim to operationalize the Act by laying down the rules and standards necessary for the implementation of the same. ...

On December 13, 2024, the Ministry of Finance introduced the Banning of Unregulated Lending Activities (Draft) Bill ("Bill"). This Bill was based on a report submitted by the Reserve Bank of India's ("RBI") working group on digital lending. The Bill envisages the banning of all lending entities that are: (a) not authorized by the RBI or other regulators; and (b) not registered under any other law to undertake a public lending business activity. . . .

The Department of Telecommunications ("DOT") has notified the Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules 2024 ("Interception Rules") vide its notification dated December 6, 2024, replacing the extant Indian Telegraph Rules 1951. ...

A unique requirement in Indian patent law requires patentees and licensees of granted patents to file statements as to whether their patented inventions are being worked on a commercial scale in India. The format for this ‘Statement of Working’ (SOW) is contained in Form 27 of the Indian Patent Rules, 2003. ...

WIPO members, including India, recently signed a new Design Law Treaty at Riyadh, which harmonises design protection processes globally, and introduces a standardised framework for design registration. This note discusses key provisions of the treaty and its implications for the future of Indian design law. ...

On November 11, 2024, the Reserve Bank of India ("RBI"), notified an operational framework for reclassification of Foreign Portfolio Investment ("FPI") to Foreign Direct Investment ("FDI") , once it exceeds the threshold percentage of 10% (ten percent) of the total paid-up equity capital (on a fully diluted basis) of an Indian company. ...

Section 2 (s) of the Industrial Disputes Act, 1947 ("ID Act") defines workman as any person employed in an industry for manual, skilled, technical, clerical, or supervisory work, including those dismissed, discharged, or retrenched related to industrial disputes ("Workman"). The definition excludes individuals performing managerial or administrative roles in the industry. ...

The Delhi High Court ("Court") recently set aside an arbitration award that granted damages without proof of loss or injury, on the ground of patent illegality under Section 34 of the Arbitration and Conciliation Act, 1999 ("Arbitration Act") in Indian Oil Corporation Limited vs. M/s Fiberfill Engineers Limited . ...