Authors Posts by Obhan&Associates

Obhan&Associates

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Towards stro...

What meets the eye is greater than the sum of its parts: Visual appeal and mosaicing in I...

The Bombay High Court recently held that visual appeal is the ultimate test of a valid design, and that combining old integers into a form that creates a different visual appeal than its parts is also capable of qualifying as a design that is new and original. ...

Examining the Crucial Aspects of the Karnataka Platform based Gig Workers (Social Security...

On June 29, 2024, the Karnataka Government's Labour Department published the draft Karnataka Platform based Gig Workers (Social Security and Welfare) Bill, 2024 (the "Bill") for public comments. In essence, the Bill is aimed at safeguarding the rights of platform based gig workers and mandates aggregators to comply with certain obligations to ensure social security of its gig workers. ...

Shortcuts in patent filing will not work: Bombay HC

Bombay High Court clarifies that patent applicants must provide substantive and complete responses to first examination reports, in order to meet the compliance requirements under Section 21(1) of the Patents Act, and to avoid the application being deemed abandoned.

Balancing Public Information and Media Truth with Individual Reputation Right

In a recent judgment delivered on May 31, 2024 , the Delhi High Court ("Court") dismissed 2 (two) suits filed by an individual seeking compensation/damages for loss of his reputation, against the newspaper Hindustan Times and its publisher, editor and correspondent (hereinafter together referred to as the "Defendants"). ...

Trademark squatting: Keeping early birds at bay

Businesses tend to prioritise securing their rights in their primary jurisdictions of operation, and / or jurisdictions that are strategically advantageous. This applies across all aspects of operation, whether it is incorporation, tax residency or even intellectual property (IP). The challenge with the latter is that some types of IP are jurisdiction-specific. ...

WIPO’s new Treaty to help combat misappropriation of Traditional Knowledge

Traditional knowledge (TK), according to the World Intellectual Property Organisation (WIPO), is the knowledge, know-how, skills, and practices based on the experience of indigenous people. It is developed, sustained and passed on from one generation to another within a community, often forming part of its cultural or spiritual identity.

Advertisers to Submit Self-Declarations for their Advertisements

On May 7, 2024, the Hon'ble Supreme Court passed an order in the case of Indian Medical Association & Anr. v. Union of India & Ors. requiring submission of self-declarations by advertisers/advertising agencies before the publication or broadcast of any advertisement ("Order"), for consumers to be able to make informed decisions about the quality of products that are offered to them for sale. ...

Framework for Self-Regulatory Organisations in the Fintech Sector

The Reserve Bank of India (RBI) has recently released a robust and intricate framework for the establishment and functioning of self-regulatory organisations (SROs) in the fintech sector (SRO-FT), aimed at fostering a balanced environment that promotes innovation while ensuring compliance with regulatory standards. ...

Indian Investors can now expand their investment portfolios with foreign funds: The RBI ea...

Indian investment in overseas funds is governed by a combined reading of the Foreign Exchange Management (Overseas Investment) Rules, 2022 (“OI Rules”) and the Foreign Exchange Management (Overseas Investment) Directions, 2022 (“OI Directions”) (jointly referred to as the “OI Framework”). ...

Enhancing Digital Lending Security: The Role of the Digital India Trust Agency

The Reserve Bank of India ("RBI") has reportedly been planning to initiate the establishment of a Digital India Trust Agency ("Agency"), in order to curb financial frauds and cybercrimes which have been uprising in the digital lending space. This Agency is intended to be involved in creating a systematic procedure of verifying legitimate digital lending application and resolving the concerns surrounding unauthorised digital lending apps. ...