Authors Posts by Obhan&Associates

Obhan&Associates

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Smart Contracts in India

With the advent of modern technology and innovation, we are moving towards a more digitised world where automation is the name of the game. The ideas surrounding the blockchain, artificial intelligence and big data are revolutionary and are poised to change the way business and human infrastructure operates. ...

Official Fee for Patent Applications in India

The official fee for a patent application in India is calculated on the basis of the following factors: • the type of applicant, • number of priorities (additional fee for each priority above 1), • the total number of pages (additional fee for each page above 30) and • the number of claims in the application (additional fee for each claim above 10). ...

Government released FAQs on the IT Rules, 2021: Explained

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("IT Rules, 2021") were enacted in February 2021, imposing strict due diligence requirements on intermediaries. On various grounds, a spate of petitions were filed in India's High Courts contesting the constitutional validity of the IT Rules, 2021. ...

ESOPS: WHAT THEY ARE, WHOM THEY’RE FOR AND HOW THEY’RE ISSUED

Under the Companies Act, 2013 ("Act"), Employee Stock Option Plans (or "ESOPs") are plans primarily designed to have the employees invest in the stock of the employer sponsoring the same. They form part of the employees’ remuneration structure and are usually unaccompanied by any upfront costs. ...

Tokenisation of cards in India: Explained

Amidst the rise in cases of financial data leaks in India, the Reserve Bank of India's ("RBI") efforts towards the adoption of a framework of tokenisation of cards in India have been appreciated by the industry. ...

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. ...