Faq

As intellectual property disputes grow in number in India, corresponding questions arise regarding the most appropriate adjudicating authority to be approached for redress. Besides regular courts, IP disputes also occasionally make their way into arbitrations. But the circumstances under which IP disputes can be referred to arbitration are not always clear. ......

An anti-suit injunction is an order by the court which restricts a party from filing or continuing with proceedings in another court, including foreign courts, with regard to the subject matter of the suit. When courts are approached by a party seeking an anti-suit injunction, they generally establish a ‘forum conveniens’, i.e., determine the most appropriate forum to decide upon the dispute. ......

What are the various stages and the timelines involved in the grant of an Indian design application? An Indian design application goes through the following stages, till grant: Filing: First application in India: It is recommended to file the first application in India as soon as possible after a design is conceived. Convention design application......

Six months after it became a signatory to the Locarno Agreement (which establishes a classification for industrial designs), on 25 January 2021, India notified the Design (Amendment) Rules, 2021 to formally adopt the “Locarno Classification”. ......

Which law and regulations govern foreign investment in India? Broadly, foreign investment in India is regulated under the provisions of the Foreign Exchange Management Act, 1999 ("FEMA") and the Foreign Exchange Management (Transfer or Issue of a Security by a Person Resident outside India) Regulations, 2017 framed the reunder. The FEMA was enacted to consolidate......

What are the legal aspects that an author or publisher should be aware of prior to publication of a book in India?There are India several publishing laws in India that regulate what content can be written and distributed. These laws establish that publication of certain content could give rise to complaints of a criminal or civil offence. For example, claims such ......

INTRODUCTION In recent years and specially in the context of the COVID pandemic, digitization, leaps in technological capabilities, and rise in e-commerce platforms has become the norm. As a consumer, we share personal information and data with each online platform we visit, register on and order from. However, collection, use, and disclosure of this data is largely ......

What is a private limited company?There are several different types of legal structures in India such as a private limited company, public limited company, limited liability partnership, sole proprietorship etc.A private limited company refers to an entity which limits the liability of the owner to their respective shareholdings and restricts shareholders from pub......

What is licensing of intellectual property (''IP'')?An owner of IP can grant another person the right or permission to make, use or sell property or items embodying or covered by this IP by means of a contractual license. A license may apply to any type of IP – trademark, patent, copyright, design and/or know-how. Under the license, the licensor maintains title in......