Authors Posts by Obhan&Associates

Obhan&Associates

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AI in the Spotlight: Insight’s from MeitY’s Latest Advisory

The Ministry of Electronics and Information Technology ("MeitY"), on March 1, 2024, issued an advisory for all intermediaries under the Information Technology Act, 2000 ("IT Act") and Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("IT Rules"). ...

Patent (Amendment) Rules, 2024: Key Changes

The Ministry of Commerce and Industry has, on March 15, 2024, notified the Patents (Amendment) Rules, 2024 to amend the Patents Rules, 2003 (“Amended Rules”), making significant changes to Indian patent practice and procedure. The Amended Rules have already come into effect from the date of publication, i.e., March 15, 2024. ...

MCA Establishes Central Processing Centre to Process E-Forms

On February 2, 2024, the Ministry of Corporate Affairs ("MCA") issued a notification to establish a Central Processing Centre ("Centre") with territorial jurisdiction throughout India in IMT Manesar, Gurgaon. This notification came in force on February 6, 2024 and was issued pursuant to Section 396 of the Companies Act, 2013 ("Act"), which empowers the Central Government to notify offices for the purposes of registration of companies under the Act. ...

Certifying a Bold New Future: The Draft Cinematograph (Certification) Rules, 2024

The Ministry of Information and Broadcasting ("MIB") amended and notified new provisions of the Cinematograph (Amendment) Act, 2023 on August 4, 2023. To enable such provisions the MIB has introduced the draft Cinematograph (Certification) Rules, 2024 ("Draft Certification Rules") and invited comments on the same.

Unveiling India’s Space Potential: A New Dawn for Foreign Investment

On February 21, 2024, the Union Cabinet made a historic stride by sanctioning a groundbreaking revision to India's Foreign Direct Investment Policy ("FDI Policy") in the space sector. This pivotal decision marks a significant departure from India's traditional stance, signaling a bold shift towards leveraging private investment and expertise to drive the nation's space aspirations forward. ...

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. ...