Tag: Supreme Court
August 3, 2020
Intellectual Property | Copyright | Patent | Trademark
Intellectual Property | Copyright | Patent | Trademark
New Startup. New Ideas. New IP.
Change is synonymous with Startups.
Startup teams are constantly innovating, exchanging new ideas, conducting new experiments, and learning new lessons along the way.
What’s really exciting about this is the potential for generating new Intellectual Property (IP) for the Startup each time you have a breakthrough. ......
July 23, 2020
Intellectual Property | Patent
Intellectual Property | Patent
CCI has jurisdiction when Patent Rights are abused: Del...
An Indian court has held that in cases of abuse of patent rights, the Competition Commission of India (CCI) could directly examine the complaints without any prior determination by the Controller of Patents (the Controller). ......
August 6, 2018
Intellectual Property | Trademark
Intellectual Property | Trademark
Nandini vs Nandhini: a milky concoction
Sumathi Chandrashekaran of Obhan & Associates looks at the facts, the judgement and the implications of the trademark infringement suit involving the milk cooperative Nandini, that recently came to a close in the Supreme Court. The judgement, which was in favour of ‘Nandhini Delux’, a restaurant, has opened up many issues for the consideration of business owners with regard to resistering and then establishing a trademark....
Data Clean Rooms: The Future of Privacy-Compliant Data Collaboration
As organisations grapple with increasingly stringent privacy and data protection laws, the concept of the Data Clean Room (“DCR“) has emerged as a transformative solution that enables collaboration without compromising compliance.
The power of transition phrases in Indian patent drafting: the ‘Frimline’ Ruli...
Transition phrases are crucial in patent drafting for they define the scope of a claim. Choosing the correct phrase can impact what rights an applicant can enforce, as determined by the Delhi High Court recently, in Frimline v. K-Smatco
Representations, Warranties and Covenants: What are the consequences of breach?
Representations, Warranties and Covenants clauses are included in all commercial contracts. Traditionally, the nomenclature has not been clearly delineated, and representation and warranties are grouped together in a manner that often led them to be viewed as synonymous terms.
Pharmacyclics Continues the Divisional Applications Debate in India
In 2024, the Indian Patent Office (“IPO”) issued the Patents (Amendment) Rules, 2024 (“Rules”), which, among other things, amended the rules relating to filing of divisional applications.
An Analysis of the Reserve Bank of India’s Master Direction on Regulation of Payment...
On September 15, 2025, the Reserve Bank of India ("RBI") issued the Master Direction on Regulation of Payment Aggregators, 2025 ("Master Direction"), a framework governing both bank and non-bank entities engaged in the business of payment aggregation ("Payment Aggregators" or "PA").
Removal of fetters on the Arbitration process: Arbitration is not foreclosed due to pendin...
The Arbitration and Conciliation Act, 1996 was enacted to facilitate expeditious and affordable resolution of disputes pertaining to in-personam rights arising out of contractual disputes between private parties.
Timing it Right: Delhi High Court on Pre-Grant Oppositions in India
What happens when a pre-grant opposition is filed after the Controller signs a patent application to grant? This knotty question was answered by the Delhi High Court in a recent case.
Navigating Share Transfer Restrictions in Shareholders’ Agreements Part 2
In our previous Article, we explored the foundational aspects of share transfer restrictions in shareholder agreements ("SHAs"), with a focus on concepts such as tag-along rights, drag-along rights, permitted and automatic transfers, amongst others and the interplay with the Companies Act, 2013 (the "Act").
Collection of Children’s Data under the Digital Personal Data Protection Act: Not Ch...
The protection of children's personal data has and continues to present regulatory and practical challenges for lawmakers, businesses, organisations, institutions and establishments that deal with personal data ("Data Fiduciary").
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.
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