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November 12, 2020
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Liberalising divisional patent applications in India: ...

A divisional patent application (also known simply as a “divisional”) is a patent application that is based on, or derived from, a previously-filed parent application. Divisionals are filed when the claims in a parent application pertain to more than one invention. ......
July 31, 2019
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Tracing the history of sedition laws in India

On July 03, 2019, the Ministry of Home Affairs through a written statement informed the Rajya Sabha that the present Government has no plans on amending the laws on sedition in the country so as to ensure that the Government has effective means to combat anti-national, secessionist and terrorist elements. In an election, where national security was a huge factor for the political parties, a stance that was taken by certain political parties was that they would like to amend the present sedition laws in our country[1], whereas, the ruling party’s stand was that they would like to toughen the existing sedition laws.[2]...
April 5, 2019
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Patenting Antibodies in India

Over the years, a large number of patents have been granted for antibodies all over the world. The world is also seeing a shift towards biologic based drugs. Most of the top-selling drugs in 2018 were monoclonal antibodies with HUMIRA® leading the list. With the progress in the art and growing case law in this area, the criteria for patentability of antibodies are becoming increasingly strict, with restrictions on the scope of the claims. ...
March 7, 2019
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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”....
September 17, 2018
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Design registration as rebuttable presumption of novelt...

In a recent case, Kamdhenu, manufacturers of steel rods had obtained a design registration in 2014 for a certain type of steel bars it was manufacturing. It alleged that Aashiana had infringed its registered design, and successfully obtained an interim injunction against the latter company.A speedy disposal of the injunction was issued once the matter was contested by Aashiana. Here’s a look at what led to this rather quick decision by the court and what it could mean towards ensuring that the rights of the parties are truly protected in theory as well as practice....
August 22, 2018
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A blockchain of a proposal: Is the IPO changing?

Sumathi Chandrashekaran of Obhan & Associates looks into the possible implications of a recent tender regarding blockchain, artificial intelligence and machine learning, issued by the IPO. The changes that would come about as a result of these implementations would dramatically improve user experience of the IPO services. Here’s a closer look at what the impact would be at each stage of application and grant....
June 22, 2018
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Indian companies having foreign investment to ensure re...

The Reserve Bank of India (“RBI”) has introduced a system of the Single Master Form (“SMF”) for foreign investment reporting. Significantly, the RBI now requires all Indian entities having foreign investment to provide an update of the total foreign investment by July 12, 2018....
June 8, 2018
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Applying for copyright in computer programmes, apps and...

The Copyright Office recently put out its final Practice and Procedure Manual for examinations of applications in literary, artistic, musical, cinematograph film and sound recording works. This publication comes after the draft guidelines were put up for public notice and comment earlier this year. The Manual details how different types of applications will be handled. We put together the information on computer programmes, databases, websites, and apps....
May 3, 2018
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Royalties for Patents – A series (Part 1)

Can protected IP be used for commercial gain? What is the royalty associated, and whether it is a means of adequate remuneration for the IP owner or a barrier to access for prospective licensee. The article discusses these issues and is a part of a series of articles that will address the matter in totality....

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.

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...