Tag: Exhaustion
March 23, 2020
Intellectual Property | Trademark
Intellectual Property | Trademark
Delhi High Court reverses decision: e-Commerce platform...
In a landmark judgement in Amazon Seller Services Pvt. Ltd. v. Amway India Enterprises Pvt. Ltd. & Others, FAO(OS) 133/2019, a Division Bench of the Delhi High Court has permitted e-commerce platforms to sell and advertise products of Direct Selling Entities ("DSEs") without their consent....
September 4, 2019
Intellectual Property | Trademark
Intellectual Property | Trademark
E-commerce platforms banned from selling or advertising...
The Delhi High Court recently restrained multiple e-commerce platforms from selling, offering to sell, advertising, or displaying products in breach of third party agreements. The court's orders, from July 2019, arose out of a set of seven suits filed by direct selling companies against e-commerce platforms, and will have far-reaching consequences for not only e-Commerce companies but also any 'intermediary' that offers a platform, marketplace or forum to users online....
July 30, 2018
Intellectual Property | Patent
Intellectual Property | Patent
India SEP Litigation Update – Warning to implemen...
The first post trial SEP case, involving both patent and competition laws, has given SEP holders some relief. The Philips case involving its patents relating to DVD video players, offered an interesting and relevant platform for jurisprudence on cutting edge patent and anti-trust issues such as essentiality, standard setting, and exhaustion. This article discusses the facts of the case and the various reasons why the decision of the Delhi High Court is far from satisfactory and is likely to cause some heartburn to implementors....
The 2026 NICE Refresh: Codifying AI Services in Class 42 and implications for AI businesse...
The 13th edition of the Nice Classification (referred to as NCL 13-2026) came into effect on 1 January 2026. We have already provided an overview of the changes in the new edition ...
When the Internet Refuses to Move On: Media Reporting, Discharge and Dignity
In the case of IE Online Media Services Private Limited v. Nitin Bhatnagar and Ors. , the High Court of Delhi ("High Court") upheld an interim injunction directing restraint on...
A Reset of India’s Export Import Rules
To promote ease of doing business in cross-border trade through simplified procedures and reduced compliance burdens, the Reserve Bank of India ("RBI"), on January 16...
The Judicial Stance on Contractual Bars and Pendente Lite Interest in Arbitration
In the realm of commercial disputes, debates pertaining to awarding of interest remains constant. For every business that deals with contracts, clauses pertaining to...
Defining Patent Ownership in India: Employment Contracts as Valid Proof of Right
In India, a patent application can be filed not just by the true and first inventor, but also by the assignee of an inventor. This is provided for under Section 6 of the Indian Patents Act...
A Peaceful Atomic Age Dawns: India’s SHANTI Act and the Nuclear Patent Revolution
The Indian Parliament recently passed the Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India Act, 2025 (SHANTI Act), laying the groundwork for a...
Draft Labour Rules: A Step Forward Towards Implementation
On December 31, 2025, the Ministry of Labour and Employment ("Ministry") released the draft rules for the implementation of the four labour codes, marking a significant advancement in...
Bottled ‘Pride’: A Trademark Whisky War in India
How far can ‘pride’ go in succeeding in a trademark passing off suit? The Supreme Court of India had occasion to consider this, although not quite literally,...
The DPIIT Working Paper on AI and Copyright: Regulatory Signals and Practical Implications...
Artificial intelligence ("AI") is no longer at the margins of business strategy. For many organisations, it has become embedded in product design, customer engagement, internal workflows and long-term planning...
Vague Definitions, Harsh Penalties and Constitutional Incompatibility: Why the Karnataka H...
On December 10, 2025, the Government of Karnataka tabled the Karnataka Hate Speech and Hate Crimes (Prevention) Bill, 2025 (the "Bill") to prevent dissemination and punish perpetrators of hate speech and hate crimes...
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