Authors Posts by Obhan&Associates

Obhan&Associates

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New Indian Patent Rules offer benefits to startups and small entities

India’s latest series of amendments to its Patent Rules are likely to hugely benefit startups and small entities seeking patent protection for their inventions. With these amendments, overall filing and prosecution fees for startups and small entities have been significantly reduced. ...

The Altered Regime for Receipt of Foreign Contributions

The Foreign Contribution (Regulation) Act, 2010 ("FCRA") was enacted with the mandate of regulating the acceptance and utilisation of foreign contribution and prohibiting acceptance of the same for any activities detrimental to the national interest . The FCRA is primarily utilised to aid the activities of Non-Governmental Organisations (NGOs). ...

Infringement of non-working patents: ‘Clearing the way’ for interim reliefs?

Indian patent law has a unique requirement under which every patentee and licensee of a granted patent must file a statement detailing the commercial working of patented inventions in India. The recent overhaul of the information required to be submitted under patent working statements (contained in Form 27) invites a reconsideration of the law around non-working of patents. ...

Ideas made public may not be patentable

Have you launched your Startup? Have you blogged about your product or your offering extensively? Have you made videos or tutorials about your product and shared it on YouTube®? If you answered any of these questions with a “Yes!”, then chances are that you may have unknowingly lost your opportunity to patent your ideas. ...

OTT Platforms brought under Government Regulation

On November 09, 2020, the Central Government issued a notification bringing digital/online media platforms under the ambit of the Ministry of Information and Broadcasting ("MIB"). While there exists a legal framework and judicial pronouncements in respect of electronic and print media, there was no equivalent in respect of digital media. ...

Liberalising divisional patent applications in India: IPAB’s expansive approach to ...

A divisional patent application (also known simply as a “divisional”) is a patent application that is based on, or derived from, a previously-filed parent application. Divisionals are filed when the claims in a parent application pertain to more than one invention. ...

Madras High Court: Monetary Consideration a must for Slump Sales

The simplicity of the Shakespearean adage ‘A Rose by any other name would smell just as sweet' unfortunately does not apply to the word ‘slump sale. While the corporate world is familiar with this word, its precise, legal definition is still under scrutiny. ...

Clear and Simple: India’s new Patent Working Statement

After five decades of remaining unchanged, the unique requirement of the “statement of working” of patents in India has finally received a much-needed overhaul. The amendments to Form 27, under which the statement must be submitted to the Indian Patent Office (IPO) periodically, were notified under Patent (Amendment) Rules, 2020, and came into effect from 19 October 2020. ...

Trademark Counsel in the time of Cancel Culture

With 2020 being the year when everyone is practically living on the internet, it has been an interesting, challenging, and unprecedented year for those involved in brand reputation and brand management. ‘Cancel culture’ has gripped the world, and brands must now deal with excessive scrutiny and criticism on social media platforms and other forums from audiences belonging to all walks of life. ...

THE FUTURE OF THE FUTURE GROUP TRANSACTION

In 2019 Amazon.com NV Investment Holdings (“Amazon”) had acquired a 49% stake in Future Coupons Limited (“Future Coupon”). As part of the transaction, Amazon was provided a ‘call’ option, which enabled it to exercise the option of acquiring all or part of Future Coupon’s promoter, Future Retail Limited’s (“Future Retail”) shareholding in the company (Future Coupon and Future Retail are hereinafter collectively referred to as the “Future Group”). ...