Authors Posts by Obhan&Associates

Obhan&Associates

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Filing data after applying for an Indian patent: Drafting and practice insights

Applying for a patent is a race against time to secure the earliest priority date (i.e., the date of the first filing of a patent application). As a result, patent applications are often filed with accompanying data that do not always capture all the facets of the invention. In such cases, using post-filing data to support the applications is often the only course available. ...

Sexual Harassment in the Online Workplace

In the recent case of Sanjeev Mishra vs. Bank of Baroda , the Rajasthan High Court ("Court") has widened the scope of the term ‘workplace harassment’ to include online harassment. In this case, a complaint of sexual harassment was lodged against another employee working in a different State of the same bank. ...

SUPREME COURT GIVES A NOD TO WITHHOLDING EMPLOYEES’ GRATUITY FOR RECOVERY OF DUES

The Apex Court, vide its order dated December 15, 2020, in Steel Authority of India Limited vs. Raghbendra Singh & Ors , propounded that there does not exist any constraint regarding withholding an employee’s gratuity against the recovery of dues from such employee, including penal rent, which in the instant case pertained to the overstay by the employee in official company provided accommodation. ...

Can “any person” file a pre-grant opposition in India?

Can “any person” oppose a patent application before it is granted? Or must persons now provide their credentials before filing oppositions? Are there circumstances when such oppositions cannot be entertained? The Bombay High Court was faced with questions like these in the recent case of Dhaval Diyora vs. Union of India (WP(L) 3718/2020; 05 November 2020). ...

Amendment to the Non-Compete Disclosure Requirements by CCI

Restrictions on competition through prohibitive non-compete clauses have become par for the course in most commercial agreements. These clauses are designed to protect the business interests of the party or parties, as the case may be, and corporates do indeed get very creative and the non-compete often becomes the subject of a thorough and substantial redline, especially between businesses involved in a similar vertical. ...

MOVING TOWARDS IMPLEMENTING THE CODE ON WAGES, 2019

While the Code on Wages, 2019 (hereinafter referred to as “the Code”) received Presidential assent on August 08 2019 , the Government was yet to notify the effective date of the Code coming into force. The Code has unified and subsumed four different acts, namely the Payment of Wages Act, 1936, the Minimum Wages Act, 1948, the Payment of Bonus Act, 1965 and the Equal Remuneration Act, 1976 (collectively “Existing Legislation”). ...

Supreme Court on Arbitrability of Landlord-Tenant Disputes

In over-ruling its own decision in the 2017 case of Himangni Enterprises v. Kamaljeet Singh Ahluwalia , the Supreme Court of India ("Court") has held in the recent case of Vidya Drolia v. Durga Trading Corporation that landlord-tenant disputes governed by the Transfer of Property Act, 1882 ("TP Act") are arbitrable as they are not actions in rem but pertain to subordinate rights in personam that arise from rights in rem. ...