Tag: expert evidence
March 7, 2019
Intellectual Property | Patent
Intellectual Property | Patent
Expert evidence is essential for a patent challenge
The Madras High Court earlier this year rejected a writ petition filed against a patent owned by Kibow Biotech Inc. for a dietary supplement that aids in the carrying out of the kidney function, for reasons, among others, that there was no expert evidence led to support the case. The validity of the patent was challenged primarily under Section 3(e) of the Patents Act, i.e., on grounds that it was “a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance”....
PROTECTING FOREIGN INVESTORS: A FINE BALANCE
In a recent judgement, the Supreme Court ("SC") emphasised on the importance of protecting foreign investments while upholding the rule of law which states that a person is innocent until proven guilty. ...
Served or received, that is the question: an Indian trademark dilemma resolved
In a recent decision, the Delhi High Court highlights critical issues surrounding the service of notice in trademark proceedings. ...
SELF REGULATION IN THE DIGITAL AGE: INDIA’S NEW SELF REGULATORY FRAMEWORK FOR INFLUE...
In recent years, there has been a rapid expansion in the influencer marketing landscape in India, where social media influencers promote products and services across various platforms. This surge has led to challenges surrounding transparency, accountability, and consumer protection. ...
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. ...
SEBI’s proposed amendment may allow start-up founders to retain ESOPs even after IPO...
The Securities and Exchange Board of India (“SEBI“) issued a consultation paper dated March 20, 20251 (“Consultation Paper“), proposing certain amendments to the SEBI (Share Based Employee Benefits and Sweat Equity) Regulations, 2021 (“SBEB Regulations“), and inviting comments from the public on the same. ...
The Ghibli Effect: Blurring the Lines between Creativity and Copyright
The Ghibli-style trend sweeping through social media has raised key questions around copyright infringement, as discussed in this note. ...
Understanding the Consequences of Negligence in Patent Practices in India
The Controller General of Patents has ordered the removal of a patent agent from its register, following a committee report on his professional misconduct. The report was made following directions from the Delhi High Court in a case where the applicant raised concerns about their agent. ...
Beneficial Ownership Disclosure: Navigating Compliance Challenges in India
In today's world, transparency in business ownership is no longer optional—it is essential and moreover mandatory. The increase in economic crimes such as money laundering, tax evasion, and misuse of corporate structures has prompted regulators around the globe to tighten disclosure norms. ...
The RBI Updated Master Directions on Foreign Investment for 2025
On January 20, 2025, the Reserve Bank of India ("RBI") introduced significant updates to its master directions on foreign investment in India ("Master Directions"). This move aims to provide clarity on various regulatory aspects, particularly concerning downstream investments by Foreign-Owned or Controlled Companies. ...
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