Tag: Estoppel by Acquiescence
June 3, 2020
Intellectual Property | Patent
Intellectual Property | Patent
The Patentability of Tobacco-Related Inventions in Indi...
The ethics of intellectual property has always been a highly debated issue, and spans a range of issues, not least around what kind of patentable subject matter can be regarded as ethically permissible. Jurisdictions, including India, try to tackle this issue by legislating for it in the laws, and excluding inventions that may be morally questionable, but such laws are inherently subjective, and open to interpretation. This note examines the questions that have arisen around inventions related to the tobacco industry in India in this context....
May 27, 2020
Intellectual Property | Trademark
Intellectual Property | Trademark
Opposition is a Hopeless Task, Acquiescence would be Wo...
Time and again, it has been held by various courts that an unreasonable delay in enforcing a legal right by a person amounts to acquiescence, which can be fatal to a case for the grant of an interim injunction. In a recent trademark case, the High Court of Delhi reiterated that the Plaintiff, being aware of the Defendant’s adoption of a similar mark, did not bother to conduct due diligence about the use of the mark; as a result of which the Plaintiff was bound to suffer the consequences of delay in seeking injunction.
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Collection of Children’s Data under the Digital Personal Data Protection Act: Not Ch...
The protection of children's personal data has and continues to present regulatory and practical challenges for lawmakers, businesses, organisations, institutions and establishments that deal with personal data ("Data Fiduciary").
When “Ok” Becomes “Not Ok”: A cautionary tale of miscommunication from the Indian Patent O...
An important step during patent prosecution in India is the hearing. As the Indian Patent Office (IPO) tends to issue only a single examination report, hearings before the Controller are common.
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.
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