Authors Posts by Obhan&Associates

Obhan&Associates

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Amendment of the CIRP Regulations to Streamline the Insolvency Resolution Process for Corp...

The Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 ("CIRP Regulations"), which provide for detailed provisions for effectively regulating the insolvency resolution process for corporate persons, have been amended vide the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Amendment) Regulations, 2024. ...

Welcome back, Mr Chips! Delhi High Court restores PepsiCo’s potato rights

In a continuation of the long-drawn out big ticket litigation between PepsiCo and potato farmers, a Division Bench of the Delhi High Court in January 2024 reversed an earlier decision that had revoked the multinational’s registration of potato variety FL2027, which it uses to make the iconic Lays chips. ...

Safe and Sound: Protecting Sonic Identities as Trademarks in India

The success of a business depends on various elements, including its brand. Commonly understood as just the name and logo, “brand” has a deeper meaning, incorporating many factors that feed into the consumer experience offered by the business. A successful brand strategy leverages brand identities to create imagery that prompts instant recall in consumers’ minds. ...

Patentability of Diagnostic Methods in India

Among the many exclusions to patentability, the Indian Patents Act, 1970 (“the Act”) also excludes “diagnostic methods” under Section 3(i). But the term itself has been applied inconsistently by the Indian Patent Office (“IPO”). This note discusses a recent decision of the Madras High Court on the interpretation of this term and its implications on related patent applications. ...

Think Before You Retweet: Delhi High Court’s Ruling on Defamation in the Digital Age...

In a recent Delhi High Court judgement , the Court laid the foundational stone on the jurisprudence of retweeting and whether it amounts to 'publication' for the offence of defamation under Section 499 of the Indian Penal Code, 1860 ("IPC"). It was held that every retweet of defamatory imputation would ordinarily amount to 'publication' under Section 499 of the IPC, and it is ultimately for the person so aggrieved to decide as to which retweet caused more harm to his reputation, and inter alia lowered his moral or intellectual character or his credibility among the members of society. ...

Trademark ‘trafficking’ in bad faith can invite cancellation in India

The primary objective of intellectual property (IP) law is to encourage creativity and innovation; the law must also maintain a fine balance such that the use of such creativity and innovation is not prevented outright, but also not abused. This is why IP and IP-related laws have requirements like demonstrating the working of patents in a jurisdiction, or preventing domain squatting, and so on. ...

Between the ‘Abyss of Unrestrained Power’ and the ‘Heaven of Freedom,’ the Bombay High Cou...

On January 31, 2024, a two-judge bench of the Bombay High Court delivered a split decision regarding the constitutional validity of Rule 3(i)(II)(A) and (C) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023, which amend Rule 3(1)(b)(v) of the Information Technology Rules, 2021 (the "Impugned Rule"). ...

Patentability of Graphical User Interfaces in India

Graphical User Interfaces (GUIs) are no longer just basic interfaces; but are an integral component of the user experience. From AI powered chatbots that assist a user, to virtual reality experiences, there have been significant innovations in this field. Globally, the number of patent applications published in the field of GUIs has nearly doubled in the past three years, with over 20,000 published in 2023 alone. ...

Filing Patents of Addition abroad also requires Foreign Filing Licenses

Filing a patent in your home jurisdiction is merely the beginning of building a patent portfolio. Depending on the subject matter of the patent, and the business model, it would be strategic to also file related patents abroad. ...

Director of a Company Cannot Be Made a Party to Arbitration under the ‘Group of Comp...

Subsequent to the Supreme Court's judgment in the case of Cox & Kings Ltd. v. SAP India Pvt. Ltd (discussed here) pertaining to the 'Group of Companies' doctrine, the Delhi High Court ("Court"), in the case of Vingro Developers Pvt. Ltd. v. Nitya Shree Developers Pvt. Ltd. ("Vingro Case"), has opined on the applicability of the group of companies doctrine to the directors of a company and adding directors as a party to arbitration. ...