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Tag: amendments

September 10, 2021
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Filing a patent in India: Understanding the three stage...

From filing a patent to its eventual grant, there are various stages that a patent application goes through in India. Patent filing is the primary step an inventor must initiate to protect their invention from being misused. Before a patent is granted, the Indian Patent Office (IPO) meticulously examines it, to ensure that the innovation sought to be patented is novel and involves an inventive step based on specific criteria. ......
February 2, 2021
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Application Stages And Timelines

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......
February 1, 2021
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What Can Be Protected In A 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”. ......
November 26, 2020
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New Indian Patent Rules offer benefits to startups and ...

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. ......
Locarno System
January 15, 2020
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Indian Designs Classification to align with Locarno Sys...

In a major change for the registration of designs in India, articles will now be classified in accordance with the Locarno system, further to India’s formal accession to the international treaty in mid-2019. Applicants will benefit hugely from this, as they will now have access to a single classification system in India and other countries that are parties to the treaty....
Startups and small entities
December 27, 2019
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Startups and small entities receive special status in p...

The Government of India recently announced draft amendments to the Design Rules and Patent Rules with the primary objective of encouraging startups and small entities to protect their intellectual property. The proposed changes include new definitions of “startups” in the design rules (to align with corresponding changes on the patents and trademarks side), and significantly reduced filing and prosecution fees for startups and small entities. ...
March 6, 2019
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Govt reconsidering limits on royalty payouts to foreign...

The government of India is reportedly considering a proposal to once again introduce limits on the amount of royalty payable by Indian subsidiaries to their foreign parent firms for the use of trademarks and brand names, or for technical services. These limits were last applied in India nearly a decade ago. ...
December 11, 2018
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Proposed amendments to Patent Rules 2003 impact examina...

The Department of Industrial Policy and Promotion under the Ministry of Commerce and Industry have issued draft rules to amend the Patent Rules, 2003 (available here: See). The following major changes have been proposed in these draft rules: ...

The Delhi High Court Sheds Light on Section 32A of the Insolvency and Bankruptcy Code, 201...

Recently, the High Court of Delhi, reinforced the application of Section 32A of the Insolvency and Bankruptcy Code, 2016 ("IBC"). Section 32A of the IBC states that the liability of a corporate debtor ("CD") for an offence committed prior to commencement of the corporate insolvency resolution process. ...

REGULATORY UPDATE – SEBI AMENDMENTS TO AIF REGULATION AND GUIDELINES FOR BORROWERS.

The Securities and Exchange Board of India ("SEBI") has enacted significant amendments to the Securities and Exchange Board of India (Alternative Investment Funds) Regulations, 2012, through the Securities and Exchange Board of India (Alternative Investment Funds) (Fourth Amendment) Regulations, 2024. ...

Foreign Exchange Management (Non-debt Instruments) (Fourth Amendment) Rules, 2024

Earlier this year, the Union Minister for Finance and Corporate Affairs, Smt. Nirmala Sitharaman, in her budget speech announced the intent to simplify the regulatory framework governing Foreign Direct Investments ("FDI") and Overseas Investments ("OI"). ...

Offences decriminalised under the Indian Trademark Act

The Indian government has notified amendments to the Indian Trade Marks Act, 1999, which decriminalises minor offences and revises penalties, and also introduces an adjudicating mechanism. These amendments came into effect from 1 August 2024. ...

Damages Awarded for Loss of Profit are Patently Illegal if Awarded in Contravention of the...

In the recent case of M/S Plus91 Security Solutions v NEC Corporation India Private Limited (Erstwhile NEC Technologies Private Limited) , the Delhi High Court ruled that an Arbitral Tribunal awarding damages for loss of profits was patently illegal if the same was against the terms of the contract. ...

Section 164(2) of The Companies Act: Supreme Court Weighs in on Director Disqualification

The Companies Act, 2013 ("Act") is the primary legislation on the law of companies in India and deals with the incorporation, registration, regulation, and administration of companies registered in India. While the primary nature of the legislation is regulatory, it also contains several ‘enforcing provisions’ that serve to impose penalties on instances of non-compliance. ...

Decriminalised offences under the Indian Patents Act

The Indian government has notified amendments to the Indian Patents Act, 1970, which decriminalises minor offences and revises penalties. These amendments go into effect from 1 August 2024. ...

SEBI Allows 100% NRI and OCI Participation in IFSC-based FPIs

In a move to boost investments in Indian capital markets, the Securities and Exchange Board of India ("SEBI") in its recent circular dated June 27, 2024 amended the SEBI (Foreign Portfolio Investors) Regulations, 2019 ("FPI Regulations, 2019") vide the SEBI (Foreign Portfolio Investors) Second Amendment Regulations. ...

Deep Dive into Convertible Notes

Convertible notes also known as convertible promissory notes ("Notes") are a form of debt instruments that convert from debt to equity upon the occurrence of a predetermined conversion event or lapse of a fixed time period, and often at a predetermined conversion rate. ...

CHANGES IN LAW PERTAINING TO SEDITION, DEFAMATION AND INCITING RELIGIOUS AND COMMUNAL DISH...

The Bharatiya Nyaya Sanhita, 2023 ("BNS"), the legislation that replaced the existing Indian Penal Code, 1860 ("IPC") was brought into effect on July 1, 2024. BNS while introducing various new offences also reformulates certain older provisions and introduces new nomenclature for some offences. . . .