Tag: Delhi High Court
            August 18, 2021
Corporate Law | General Corporate Advisory
 
        Corporate Law | General Corporate Advisory
The Delhi High Court clarifies: not mandatory for a ban...
                The Delhi High Court in the case of Larsen & Toubro Limited vs. Punjab National Bank  recently pronounced an important judgement clarifying the duration of a claim period in a bank guarantee. The issues raised in this case pertain to the scope of Section 28 of the Indian Contract Act, 1872 ("Act"). ......
                
	                
				
				
				
            
                       
            May 12, 2021
Intellectual Property | Trademark
 
        Intellectual Property | Trademark
To Litigate or Arbitrate, a “Heroic” Dilemma
                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. ......
                
	                
				
				
				
            
                       
            May 3, 2021
Intellectual Property | Trademark
 
        Intellectual Property | Trademark
Who Judges Whom: Turf Wars, Forum Shopping and Anti-sui...
                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. ......
                
	                
				
				
				
            
                       
            March 17, 2021
Intellectual Property | Trademark
 
        Intellectual Property | Trademark
The art and craft of franchising in India
                Licensing and franchising intellectual property (IP) offer strategic competitive advantages to a brand. Franchising is a situation where a franchisor controls and supervises the exploitation of a trademark while allowing the use of the tradename, the get up and the reputation and goodwill associated with the trademark. ......
                
	                
				
				
				
            
                       
            March 5, 2021
Intellectual Property | Patent
 
        Intellectual Property | Patent
Gathering evidence in IP suits: The Thin Line between I...
                There are several ways in which evidence can be gathered in intellectual property (IP) suits, including through discoveries and cross examinations. Discovery takes place pre-trial, where parties can exchange information regarding the evidence and witnesses to be presented to the court. ......
                
	                
				
				
				
            
                       
            January 21, 2021
Intellectual Property | Patent
 
        Intellectual Property | Patent
Filing data after applying for an Indian patent: Drafti...
                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. ......
                
	                
				
				
				
            
                       
            January 8, 2021
Intellectual Property | Patent
 
        Intellectual Property | Patent
Can “any person” file a pre-grant opposition in I...
                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). ......
                
	                
				
				
				
            
                       
            December 17, 2020
Intellectual Property | Trademark
 
        Intellectual Property | Trademark
Dynamic injunctions to tackle digital piracy in India
                Injunctions are the first resort for parties seeking to stop websites from infringing trademarks or hosting copyright-infringing data. But injunctions do not always work the way they’re expected to in these cases. Often, the infringing content is merely moved to a different server or is re-uploaded or re-hosted on a different platform. In order to circumvent the technicalities of the internet and in order to strengthen the armoury of trademark and copyright holders to counter digital piracy, a new type of injunction has come into vogue to better enforce digital rights – dynamic injunctions. ......
                
	                
				
				
				
            
                       
            December 14, 2020
Intellectual Property | Patent
 
        Intellectual Property | Patent
Pandemics, Public Interest and Patent Infringement in I...
                In patent law, there is a constant tug of war between the importance of incentivizing innovators and the need to ensure that consumers have access to innovations. The law reflects this tussle as well. But this constant striving to balance the rights between patentees and consumers is essential for the patent system to function and be meaningful to society. ......
                
	                
				
				
				
            
                        
			
 
		
 
					

















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