Tag: Delhi High Court
September 10, 2025
Intellectual Property | Patent
Intellectual Property | Patent
The Infringer’s Burden in Process Patent Suits in India...
Indian patent law contains a unique provision that shifts the burden of proof onto the accused / infringer in process patent suits. But this applies only if certain conditions are met....
August 20, 2025
Intellectual Property | Trademark
Intellectual Property | Trademark
A Stitch in Time: Quia Timet and Trademarks in India
Brand owners can use quia timet actions in India proactively to stop trademark infringement before it even happens, but must be careful about how, when and before which forum they seek remedies....
August 7, 2025
Intellectual Property | Design
Intellectual Property | Design
Of informed users and dissected designs: The Delhi High...
What is the standard that decides whether a design is novel or not? The Delhi High Court clarifies that instructed eye or informed user test remains the primary standard in Indian design law....
July 2, 2025
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
Unambiguous Contract: Not a Playground for Internal Aid...
In a recent judgement that reinforces the sanctity of a contract, the Division Bench ("DB") of the Delhi High Court ("DHC") in Oil and Natural Gas Corporation v. JSIW Infrastructure Private Limited has re-affirmed the foundational principle of contractual interpretation, ...
June 18, 2025
Faq | Corporate
Faq | Corporate
Loss of Profit Must Be Proven, Not Presumed: Delhi High...
In the matter of Union of India v. Ahluwalia Contracts (India) Ltd , the Hon’ble High Court of Delhi ("Court") addressed the evidentiary standards required for claiming loss of profits in arbitral proceedings....
May 22, 2025
Intellectual Property | Trademark
Intellectual Property | Trademark
Let numbers talk: Branding numeric trademarks in India
Is your brand ready for the numeric revolution? The “2929” Delhi High Court decision signals a pivotal shift, proving numbers can be powerful, distinctive trademarks in a rapidly evolving digital landscape. ......
April 16, 2025
Intellectual Property | Trademark
Intellectual Property | Trademark
Served or received, that is the question: an Indian tra...
In a recent decision, the Delhi High Court highlights critical issues surrounding the service of notice in trademark proceedings. ......
April 9, 2025
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
HYPERLINKING A DEFAMATORY ARTICLE: DEFAMATION OR NOT?
In a recent judgment , the Delhi High Court ("Court") has examined whether hyperlinking to alleged defamatory content would amount to republication and therefore give rise to a fresh action for defamation under Section 499 of the Indian Penal Code, 1860. ......
February 11, 2025
Intellectual Property | Patent
Intellectual Property | Patent
The Differing Scope Of Revocations And Invalidity Defen...
Pursuant to the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the personal data of a 'Data Principal' can be processed only in accordance with the DPDP Act and for a lawful purpose for which the Data Principal has given consent. This consent needs to be 'free, specific, informed, unconditional and unambiguous' with a clear affirmative action. ......
Navigating Share Transfer Restrictions in Shareholders’ Agreements
Transfer restrictions in shareholder agreements ("SHA(s)") have come to play a critical role in shaping deal dynamics. With India reporting a steady growth in mergers and acquisitions ("M&A"), questions of control, transfer restrictions, ownership flexibility and exit options have become crucial for investors and companies alike.
The Infringer’s Burden in Process Patent Suits in India
Indian patent law contains a unique provision that shifts the burden of proof onto the accused / infringer in process patent suits. But this applies only if certain conditions are met.
NCLT’s Jurisdiction for Fraud in Oppression and Mismanagement Petitions: The Supreme...
The role of the National Company Law Tribunal ("NCLT") as a specialised forum under company law has often led to questions around the exact scope of its jurisdiction.
Can a Trade Mark be opposed in India before it is Advertised for Opposition?
In India, the law provides for formal opposition to a trademark application only after it is advertised, but can a third party intervene even during the pre-advertisement stage?
Essential Clauses in a Contract – Force Majeure in light of Regulatory Shifts and Co...
In August 2025, Dream11, an Indian fantasy sports platform, terminated its Rs. 358 Crore sponsorship agreement with the Board of Control for Cricket in India ("BCCI").
A New Era in Online Gaming Regulation: Introduction to India’s latest Gaming Act
On 20th August, 2025, the Ministry of Electronics and Information Technology (“MeitY”) announced the Promotion and Regulation of Online Gaming Bill, 2025 (“the Act”), a significant legislative milestone which has since received the President’s assent and become an Act.
Guide to the 13th Nice Classification (2025-26) for Trademarks in India
The updated 13th edition of the Nice Classification reclassifies goods and services to streamline the trademark application and registration process.
A Stitch in Time: Quia Timet and Trademarks in India
Brand owners can use quia timet actions in India proactively to stop trademark infringement before it even happens, but must be careful about how, when and before which forum they seek remedies.
May or Shall: A Curious Case of usage in Arbitration Clauses
In a recent judgment, the Supreme Court ("SC") in BGM and M-RPL-JMCT (JV) v. Eastern Coalfields Limited reiterated that not every inclusion of an arbitration clause in a contract would amount to a valid arbitration agreement...
E-Acceptance of Arbitration Agreements: Valid under Law?
The emergence of digital platforms catering to instant communication has transformed the structure and form in which business transactions are negotiated between the parties.
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