Authors Posts by Obhan&Associates

Obhan&Associates

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Extraordinary exceptions to deadlines at the Indian Patent Office

When hardcoded statutory deadlines are violated, can delays be condoned? This was the central question answered by the Delhi High Court in The European Union Represented by the European Commission vs. Union of India. The court allowed for an extension of a non-extendable statutory deadline in a patent matter because of the exceptional circumstances of the case. ...

The Competition (Amendment) Bill, 2022: A Study on the Amended Law of Combinations

The Competition (Amendment) Bill, 2022 (Bill No. 185 of 2022) (the "Bill") was introduced in the Lok Sabha on August 5, 2022. It seeks to, "carry out certain essential structural changes in the governing structure of the Competition Commission of India and changes to substantive provisions to address the needs for new age markets," and amend the Competition Act, 2002 (the "Act"), following the circulation of the draft Competition (Amendment) Bill, 2020 and the 2019 report issued by the Completion Law Review Committee. ...

SEBI’s Thorough Classification of Public Shareholders

Pursuant to the Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015 ("Listing Regulations"), companies listed on the Indian stock exchanges are required to submit a statement which describes the shareholding pattern separately for each class of securities in the format prescribed by the Securities and Exchange Board of India ("SEBI") . ...

Do scientific publications exempt patent applications from anticipation?: The Indian posit...

One of the three universal requirements for the grant of a patent is that the patent must be for a new invention. The Indian Patents Act, 1970 (the Act) defines a ‘new invention’ in Section 2(l) as ‘any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification. ...

CCPA Guidelines tighten the noose around misleading ads

When was the last time you were baited by an advertisement into believing something was priced attractively only to discover that there was a catch to the purchase?, or you thought something was free or discounted, except that it really was not, and that was available only under limited circumstances? Misleading ads can be troublesome, sometimes even dangerous (in the case of children, for example), for consumers and regulators alike. ...

Work From Home Allowed in Special Economic Zone Units

In the year 2020, work from home gained popularity and various sectors in the country were able to shift gears and adopt a total work from home or a hybrid work model. However, companies in Special Economic Zones faced challenges with enabling a work from home structure for their employees due to a lack of uniform guidelines/directions for the same. ...

REGULATION OF DIGITAL MEDIA: BILL IN THE MAKING

Urban India has witnessed replacement of newspapers and magazines with e-newspapers and e-magazines. Mobile apps and websites are the new source of news on digital platforms. Major news and broadcast companies have ventured into the digital media and news sector to benefit from this new age medium. ...

Digital Payments and Payment Aggregators: A Regulatory History

In recent years, the digital payments space has grabbed eyeballs across India, with the upsurge in the use of debit cards, credit cards and UPI payments. The increase in the use of digital payments can be largely attributed to the increase in access to the internet, e-commerce websites, mobile applications and the pandemic that forced several individuals to shop online, even for basic necessities. ...

Trademark Fees in India: Reductions, claiming special status, and other fees

Official trademark fees in India for filing a trademark, as well as fees related to aspects of trademark prosecution, such as opposition, renewal, expedited registration, etc., are provided in the First Schedule of the Trade Mark Rules, 2017. If the fees are not paid or are insufficient, then the document or form provided in connection with a particular process will be deemed not to have been filed. ...

Bollywood’s Sholay Still Reigns Supreme: Protecting Film Titles in India

Cinema is a way of life in India, and the one film that epitomizes this national obsession is Sholay. Released nearly half a century ago, Sholay is a genre-defining film, whose appeal transcends all boundaries of geography, language, ideology, and class, and that established standards for what we now call “masala” blockbusters. ...