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Tag: injunction

March 17, 2021
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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
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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. ......
November 23, 2020
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Infringement of non-working patents: ‘Clearing the way’...

Indian patent law has a unique requirement under which every patentee and licensee of a granted patent must file a statement detailing the commercial working of patented inventions in India. The recent overhaul of the information required to be submitted under patent working statements (contained in Form 27) invites a reconsideration of the law around non-working of patents. ......
September 13, 2019
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Delhi High Court stops AstraZeneca’s attempts at evergr...

In a major decision that is likely to impact evergreening of pharmaceutical patents in India, the Delhi High Court vacated interim injunctions granted to AstraZeneca, a big pharma multinational, against three generics manufacturers, Micro Labs, Natco Pharma, and Dr. Reddy’s Laboratories. The case involved allegations of infringement of AstraZeneca’s three patents, for offering a generic version of AstraZeneca’s drug-TICAGRELOR for sale under the brand name BRILINTA....

Legal implications of social media “likes”: Section 67 of the IT Act

In a recent judgment, the Allahabad High Court (Court) made an important distinction between liking a post and sharing a post on social media platforms. The Court held that merely liking a post does not amount to publishing or transmitting obscene material under Section 67 of the Information Technology Act, 2000 (IT Act). ...

Is Your Brand Ready for the Multilingual Internet Revolution in India?

As India officially moves towards multilingual web domains, new challenges emerge for businesses and other stakeholders. How must we prepare for this multilingual revolution?. ...

It’s not always patently obvious, Calcutta High Court weighs in on Brigatinib

The Calcutta High Court in a recent case clarified important aspects pertaining to inventive step assessment and the admissibility of post-filing data. ...

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. ...