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Corporate Law | General Corporate Advisory

Delhi High Court Examines the Liability of Non-Signatory Third Party Funders ...

The Delhi High Court has recently pronounced an important judgement on the liability of third party funders in an arbitration in the case of Tomorrow Sales Agency (P) Ltd. v. SBS Holdings, Inc. Third party funding is the process by which a party who is otherwise not connected to the proceedings, funds a dispute in return of a financial gain upon the success of the claim. ...

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From Distinctiveness to Genericide: Avoiding Trademark Ruin

Intellectual Property

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

Intellectual Property

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

Intellectual Property

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

Intellectual Property

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

Intellectual Property

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

Design

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. ...

Design Marking in India: Essential or Avoidable?

Design

Design marking is a method used by proprietors to signal that their article is protected by design rights. It entails “marking” an article in a manner that informs the public at large that the article in question is the subject matter of a registered design. The issue of whether design marking is necessary or not has come up on occasion before Indian courts, who have tackled how such marking acts as an indicator of registration, and explained the rights that follow. ...

A Moment to Remember: Personality rights, Moment marketing and the Olympics

Intellectual Property

India’s ace badminton player PV Sindhu created history by winning a bronze medal in the Tokyo 2020 Olympics held recently, joining the ranks of a select few who have one more than individual medal in the history of the games. ...

Designs Database goes Digital: Designs E-Register now available online

Design

The Designs office has now made its register electronically available, thus joining the ranks of the Patents E-register, making the database of registered designs available in entirety. ...

To Litigate or Arbitrate, a “Heroic” Dilemma

Intellectual Property

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. ...

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Corporate Law | General Corporate Advisory

Should a Court Intervene in Matters Relating to Tenders and Contracts?

The Supreme Court ("SC") recently held that a writ court ordinarily should not interfere in matters relating to tender or contract. It further opined that a writ court should exercise caution when attempting to impose its decision on an employer regarding the acceptance or rejection of a tender bid, unless there is a glaringly obvious and significant issue that is brought to light. ...

Corporate Law | General Corporate Advisory

New Rule for Overseas Use of International Credit Card

On May 16, 2023, the Ministry of Finance (“MoF”) notified the Foreign Exchange Management (Current Account Transactions) (Amendment) Rules, 2023 (“2023 Amendment”) to omit Rule 7 of the Foreign Exchange Management (Current Account Transactions) Rules, 2000. ...

Corporate Law | General Corporate Advisory

Enforceability of Unstamped Arbitration Agreements: Another Twist in the Tale

Recently, a five-judge bench of the Supreme Court rendered its judgment in N.N. Global Mercantile Private Limited v. Indo Unique Flame Limited ("N.N. Global 2") and has put to rest the question on whether arbitration agreements included in unstamped/ insufficiently stamped instruments are valid and enforceable. ...

Corporate Law | General Corporate Advisory

GOING TO BAT FOR PERSONALITY RIGHTS

With the development of blockchain technology, artificial intelligence and virtual digital assets, several concerns have been raised regarding the plethora of legal and ethical challenges that are likely to arise from development of these technologies, and how they will interact with the rights of individuals granted under law. ...

Corporate Law | General Corporate Advisory

The National Medical Devices Policy, 2023 – A List of Resolutions

On April 26, 2023, the Union Cabinet approved the National Medical Devices Policy, 2023 ("Policy"). A press release issued on the same date ("Press Release") detailed the backdrop leading up to this approval and what lies in store for the future. ...

Corporate Law | General Corporate Advisory

MCA Establishes the C-PACE to Expedite the Process of Voluntary Closure of Business

The Ministry of Corporate Affairs ("MCA") vide its notification dated March 17, 2023 established the Centre for Processing Accelerated Corporate Exit ("C-PACE") to facilitate and speed up the process of voluntary closure of business of companies by removal of their names from the register of companies. ...

Corporate Law | General Corporate Advisory

WHO IS A CONSUMER UNDER THE CONSUMER PROTECTION ACT?

Consumer protection laws are designed to safeguard the interests of consumers and ensure that their rights are protected in case of any deficiency in the goods or services provided to them. In India, the Consumer Protection Act, 2019 is a significant legislation that aims to protect the interests of the consumers and to establish an efficient mechanism for the redressal of consumer disputes. ...

Corporate Law | General Corporate Advisory

A WATERSHED MOMENT FOR ONLINE REAL MONEY GAMING INDUSTRY IN INDIA

In recent years, the online gaming industry has grown significantly, especially in the realm of real money gaming. While the growth of the industry has been impressive, it has also led to an increased need for regulation and guidelines. On January 2, 2023, the Ministry of Electronics and Information Technology. ...

Corporate Law | General Corporate Advisory

The Right to be Forgotten, But Not Gone

In today’s news cycle, the interplay of AI, media, and privacy regulations are omnipresent and inescapable hot-button issues. However revolutionary as this advancement in technology may be, such fast-paced growth may have several repercussions on our everyday lives. We are moving towards a world where we co-opt and coexist with AI, becoming increasingly more intertwined with our everyday lives. ...

Corporate Law | General Corporate Advisory

Put Option Clauses – A Growth Chart

The validity of put option clauses in contracts has been a subject of detailed scrutiny for the Indian government, for several years. The discourse surrounding put option clauses originated from Section 20 of the Securities Contracts (Regulation) Act, 1956 ("Act")—which was subsequently omitted by the 1995 amendment to the Act. ...

Corporate Law | General Corporate Advisory

Revamping India’s Digital Landscape: The Proposed Digital India Act

The Ministry of Electronics and Information Technology ("MeitY") held a public consultation for the proposed Digital India Act ("DIA") on March 09, 2023 and a presentation was released on the broad framework of the DIA . The current regulatory framework that governs the information technology ecosystem consists of the Information Technology Act, 2000 ("IT Act") and the rules framed thereunder, including, the Information Technology. ...

Corporate Law | General Corporate Advisory

VIRTUAL DIGITAL ASSETS UNDER THE AMBIT OF PMLA

Money laundering has been a major concern for governments and financial institutions around the world for decades. Various methods are used to launder illegally acquired funds, including buying real estate properties, investing in businesses, and moving money through shell companies. ...