Authors Posts by Obhan&Associates

Obhan&Associates

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Fantasy Sports: Fantasy or Reality? Impact of Gambling Legislation

Online fantasy sports gaming is booming in India and has in a short span become a prominent form of online gaming in the country, despite legal and regulatory challenges. Fantasy sports is predominantly a prediction game where players assemble a dream team of real sportspersons active in a variety of sports such as football, cricket, basketball, kabaddi etc. and thereafter participate in contests, competitions that mimic and convert the performance of the sportsman in real life into fantasy points. ...

Patent Applicants in India: Special Privileges for Start-ups and Small Entities

A patent application can be filed either alone or jointly, by any person claiming to be the true and first inventor of the invention, or by the assignee of such person, or the legal representative of a deceased person who immediately before their death was entitled to make such an application. ...

CHEQUE ISSUED PURSUANT TO SETTLEMENT AGREEMENT PRESUMED TO BE FOR DISCHARGE OF DEBT

On October 8, 2021, in the case of M/s Gimpex Private Limited vs. Manoj Goel , the Supreme Court of India has held that a cheque issued pursuant to a deed of settlement between parties will be presumed to have been issued towards discharge of a debt or liability under Section 138 of the Negotiable Instruments Act ("NI Act"), which fastens criminal liability in cheque bounce cases. ...

Do reference signs clarify or limit the scope of patent claims in India?

Reference signs are used to improve the intelligibility of claims. Sometimes also known as “reference numerals”, they help understand claims in light of the specification and drawings on record. If a patent application contains drawings, the claims can be clarified by establishing a connection between the features mentioned in the claims, corresponding to reference signs in the drawings. ...

Unravelling the Riddles of Secret Prior Art in India and elsewhere

Patents are granted for inventions that are novel and involve an inventive step. Any information or material that is publicly available or published before the filing of a patent application is known as “prior art” and this forms the basis on which novelty and inventive step is determined. ...

Sustainable Finance and India’s Climate Goals

While the pandemic changed our world overnight, it also forced us to slow down, evaluate and begin to work towards the kind of world we want to inhabit. Perhaps therefore, even amid COVID-19 induced economic slowdowns all over the world, the concept of sustainability for all factors of production remains one of the few areas with rising financial interest. ...

Indian Patent Offices: Finding the right jurisdiction

The Indian Patent Office is responsible for administering the Indian law of patents, and its roles include patent administration, patent duration, and patent renewal, among other things. There are four patent offices in India, located in different cities, i.e., Chennai (in southern India), Delhi (in northern India), Kolkata (in eastern India), and Mumbai (in western India). In geographical terms, these four offices cover the length and breadth of the entire country. ...

Analysing the 2021 IBBI Discussion Paper on Code of Conduct for Committee of Creditors

On August 27, 2021, the Insolvency and Bankruptcy Board of India (“IBBI”), created under the 2016 insolvency law, released a discussion paper (“IBBI Discussion Paper”) on the corporate insolvency resolution process, and sought comments on its recommendations. One of IBBI's concerns that it expressed through the IBBI Discussion Paper is that while other components of the insolvency and bankruptcy ecosystem. ...