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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. ......
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. ......
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”....

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. ...