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Author: Surana

SURANA & SURANA > Articles posted by Surana

28 November

Sticky

TRADE DRESS WARS- AN ANALYSIS ON THE IMPORTANCE OF PROTECTING TRADE DRESS IN THE LIGHT OF LANDMARK JUDGEMENTS

Posted by Surana

in IPR

Rakshana MK - Associate, IP Practice There are various factors that contribute to consumers associating to a particular product, service or the company providing such goods and according to reports, packaging of products has the ability to influence the purchasing public. “Things do not pass for what they are, but for what they seem. Most things are judged by their jackets.” – Baltasar Gracian[1] Isn’t it important that these jackets, id est. the packaging of such products, which plays such an important role in business, contributing to determination of choices of customers be accorded utmost protection and the infringement or the unauthorized usage...

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17 November

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Protecting Celebrity Persona and Commercial Interests: Analysis of Anil Kapoor v. Simply Life India & Ors.

Posted by Surana

in IPR

Sonam Nanda – Advocate, Surana & Surana International Attorneys INTRODUCTION On September 20, 2023, the Delhi High Court delivered a significant order in the case of Anil Kapoor v. Simply Life India & Ors, ruling in favor of the widely known Indian actor, Anil Kapoor. The court issued an ex parte order in response to Suit CS COMM 645 of 2023, where Kapoor sought protection for various facets of his personality that amounted to certain commercial value. These included his name, voice, dialogue delivery, image likeness, gestures, signatures, and other elements, primarily concerning their misuse across the internet. FACTS The Plaintiff, Anil Kapoor, asserted...

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14 November

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IPR NEWS – OCTOBER

Posted by Surana

ASIO Chief Rebukes China for Intellectual Property Theft at Five Eyes Summit At a historic Five Eyes summit, the head of Australia's ASIO (Australian Security Intelligence Organisation) publicly rebuked China for engaging in a sophisticated scheme of intellectual property theft. The ASIO chief expressed concern about China's extensive efforts to steal intellectual property, highlighting the significant threat it poses to the security and economic interests of Five Eyes member nations. The summit, which includes intelligence-sharing partners like the United States, the United Kingdom, Canada, and New Zealand, discussed the need for a united response to counter this threat. The ASIO chief's public...

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30 October

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THE INTERSECTION BETWEEN THE CAPETOWN CONVENTION AND IBC, 2016: AN OXYGEN MASK FOR THE INDIAN AVIATION INDUSTRY

Posted by Surana

in SSIA

Chinna Aswathy Abraham - Senior Associate, Dispute Resolution Practice Mayday? More like, May-Decade! Starting with the grounding of the Kingfisher Airlines in 2012, followed by the downfall of Jet Airways in 2019, all the way to the latest insolvency of Go First- it is safe to say that it has been a bumpy ride for the Indian Aviation Industry. With the initiation of the Corporate Insolvency Resolution Process (‘CIRP’) against Go First- India and more particularly the Indian insolvency law framework was brought under global scrutiny. As per Section.14 (1)(d) of the Insolvency & Bankruptcy Code, 2016 (‘IBC’), once a Corporate Debtor...

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20 October

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Regulating the Digital Sphere: India’s Approach to Ex Ante Measures and Competition Law

Posted by Surana

in SSIA

Madhumitha Sridharan - Associate - Real Estate, Infrastructure & Corporate Practice The digital economy in India has witnessed exponential growth in recent years, thanks to the widespread adoption of smartphones and increased internet connectivity. However, with growth comes challenges, including concerns related to monopolistic practices, data privacy violations, and a lack of transparency. These issues have sparked debates about the necessity of robust regulation to ensure a fair and competitive digital marketplace. This substantial growth in the digital economy was largely attributed to a select group of major technology firms, also often categorised and referred to as the “Big Tech” companies. However,...

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18 October

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A Birds-Eye View on the Guidelines for Prevention and Regulation of Dark Patterns, 2023

Posted by Surana

in SSIA

Srivatsan S, Associate - Dispute Resolution Practice E-commerce and Online Shopping pioneered in India as early as in the year 1995. With the advent of the Internet Revolution in the country, auctioning websites such as bazee.com and online only booksellers like amazon.com became popular avenues to indulge in E-commerce. The industry has come a long way since then. The volume, frequency and dependency on such online platforms have increased multifold, consequently, the necessity to protect consumers online has also become inevitable. The Consumer Protection Act was originally enacted in 1986 and the same was a revolutionary move by the legislature to protect...

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09 October

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Bharatiya Sakshya Bill, 2023 Modernizing Evidence Admissibility in Indian Legal Proceedings

Posted by Surana

in SSIA

Vijay M, Associate, Dispute Resolution Practice Introduction: The Bharatiya Sakshya Bill, 2023[1], recently introduced in the Parliament, aims to revolutionize the way evidence is admitted in Indian legal proceedings. This ambitious legislation seeks to replace the long-standing Indian Evidence Act, 1872[2], along with two other bills aimed at reforming the Indian Penal Code, 1860[3], and the Code of Criminal Procedure, 1973[4]. This article delves into the significant changes proposed by the Bill and provides a critical analysis of its potential impact on the Indian legal system. One of the most noteworthy aspects of the Bharatiya Sakshya Bill is its approach towards consolidation and...

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06 October

Sticky

Navigating the Legal Conundrum of Google AdWords and Trademarks in India

Posted by Surana

in SSIA

Navigating the Legal Conundrum of Google AdWords and Trademarks

Aiswarya YK, Associate, Dispute Resolution Practice Divishyaa T, Intern, Dispute Resolution Practice Introduction: In the digital age, online advertising has become a ubiquitous and essential tool for businesses to reach their target audience. Google AdWords, a prominent platform in the online advertising landscape, allows businesses to bid on keywords to display their ads prominently in search results. While AdWords offers significant benefits, it has also sparked legal debates, particularly in the context of trademark infringement. This article explores the legal complexities surrounding Google AdWords and trademarks in India. Understanding Google AdWords: Google AdWords is an advertising service offered by Google, allowing businesses to create and...

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29 September

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CASE COMMENT- ARN infrastructure India Limited vs Hara Prasad Ghosh: CIVIL APPEAL Diary No(s). 31182/2023

Posted by Surana

in SSIA

T.G Niranjana - Associate, Dispute Resolution Practice Brief facts: A complaint under original jurisdiction was filed before the NCDRC seeking return of deposit from the Opposite Parties. In the said case, the Opposite Parties did not file their Written Version within the statutory timeline prescribed. While so, at the time of hearing final arguments, the Opposite Parties entered appearance through an advocate and sought an adjournment to make final arguments in the case. The NCDRC rejected the said request on the ground that the Written Version was not filed within the statutory period. The NCDRC allowed the complaint by hearing only the Complainant...

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27 September

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IPR NEWS – SEPTEMBER

Posted by Surana

Renowned Authors, Including Grisham and Martin, Sue OpenAI Over Copyright Concerns Seventeen prominent authors, including John Grisham, George R.R. Martin, and Jodi Picoult, have filed a lawsuit against OpenAI, alleging copyright infringement. The authors claim that OpenAI's language model, GPT-3, is being used to generate content that mimics their writing style, posing a threat to their intellectual property. The lawsuit contends that OpenAI's GPT-3 generates text that closely resembles the authors' work, potentially leading to confusion among readers and devaluing their unique literary voices. The authors seek to protect their creative works and maintain control over their intellectual property rights. OpenAI...

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26 September

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IMPORTANCE OF IP VALUATION: UNLOCKING THE TRUE VALUE OF INTELLECTUAL PROPERTY

Posted by Surana

in IPR

IMPORTANCE OF IP VALUATION

Nihaarika Prudhvi, Trainee – Intellectual Property Rights Practice INTRODUCTION: In today's knowledge-driven economy intellectual property (IP) has become an asset for businesses across various industries. IP assets such as patents, trademarks, copyrights, trade secrets and designs can represent a significant portion of a company's worth. However accurately assessing the value of these assets can be a complex task. This is where IP valuation comes into play. IP valuation enables businesses to understand and quantify the value of their intangible assets aiding in strategic decision-making transactions and legal matters. So, basically this article helps the readers to gain a little knowledge about IP...

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22 September

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NEW AGE DIGITAL GOVERNANCE: AN OVERVIEW OF THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023

Posted by Surana

in IPR

Sonam Nanda - Advocate, Surana & Surana International Attorneys INTRODUCTION In an ever-evolving digital world, the Digital Personal Data Protection Act, 2023 (the “Act”), stands as a crucial framework that demands our attention. As technology continues to weave itself into the fabric of our daily lives, the Act addresses the pressing need for robust data security and responsible data handling. It signifies a pivotal shift towards greater accountability and transparency in the digital landscape of India. Through a comprehensive review of its key provisions, this article will examine the changes brought forth by the Act and critically analyse the implications it carries...

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20 September

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REPEALING OF THE SEDITION LAW – DECODED

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in SSIA

Repealing of the Sedition Law – Decoded

Ranjith Kumar - Associate, Dispute Resolution Practice In a rather brave attempt to reorganize and decolonise the criminal justice system of India, Union Home Minister Amit Shah had proposed the introduction of the three new criminal bills, that would go on to replace the existing criminal majors in India, during the monsoon session of the Parliament. In this proposal, he listed out the new bills that would supposedly reinvent India’s justice system and they are; the Bharatiya Nyaya Sanhita (replacing the Indian Penal Code, 1860), the Bharatiya Nagarik Suraksha Sanhita (replacing the Code of Criminal Procedure, 1973), and the Bharatiya Sakshya...

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19 September

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CINEMATOGRAPH (AMENDMENT) ACT, 2013 – SAY NO TO PIRACY

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in SSIA

CINEMATOGRAPH (AMENDMENT) ACT, 2013 – SAY NO TO PIRACY

Arvind Ramesh, Associate - Real Estate, Infrastructure, Corporate Practice In India - Cinema, its exhibition and certification are governed by the Cinematograph Act, 1952 (“Act”) and the rules laid down under the Act. Recently, the Union Government had brought into force an amendment to the Act, harmonising the Act with existing laws and introduced new provisions for combating piracy. The amendment titled “the Cinematograph (Amendment) Act, 2023” (“Amendment Act”) received the President’s assent on the 04th of August 2023 and was published in the Gazette on the event date. New Changes: 1. New Movie Certifications: Prior to the amendment, Films, or movies in common parlance,...

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28 August

Sticky

Application of the Doctrine of Territoriality in Protection of Trademarks – An analysis in view of the US Supreme Court’s Decision in Abitron Austria GmbH v. Hetronic International, Inc.

Posted by Surana

in IPR

Application of the Doctrine of Territoriality in Protection of TradeMarks

Balaji. P, Principal Associate, IP Practice The trademark territoriality principle has long been a fundamental aspect of international intellectual property laws, governing the scope and protection of trade marks across borders. Recently, the US Supreme Court's decision in Abitron Austria GmbH v. Hetronic International, Inc. has brought renewed attention to this principle and its significance in the global trade and commerce. This article aims to examine the position of the territoriality principle in India with a focus on relevant case laws and explore the implications of the US Supreme Court's ruling. Introduction: The trademark territoriality doctrine is a well-established and recognized principle of...

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24 August

Sticky

IPR NEWS – AUGUST

Posted by Surana

Siren Brew Faces Starbucks in Trademark Dispute In a recent legal clash, a coffee firm is engaged in a trademark dispute with Starbucks over the use of the "siren" logo. Atlanta-based Siren Brew faces allegations of trademark infringement from Starbucks, claiming that Siren Brew's logo too closely resembles Starbucks' iconic siren imagery. The lawsuit, filed on August 17, 2023, asserts that the similarities could cause confusion among consumers, potentially leading them to associate Siren Brew's products with Starbucks. Siren Brew, known for its specialty coffees, contests the claims and argues that their logo is distinct enough to avoid confusion. Legal experts...

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21 August

Sticky

PATENT DOCKETING

Posted by Surana

in IPR

PATENT DOCKETING

Saranya K - Associate, IP Practice INTRODUCTION In the fast-paced world of intellectual property (IP) management, patent docketing plays a pivotal role in ensuring the smooth and efficient processing of patent applications. Patent docketing involves the systematic recording, tracking, and management of patent-related documents, deadlines, and actions. This article explores the importance of patent docketing, its key components, and the benefits it brings to inventors, patent attorneys, and organizations. WHAT IS PATENT DOCKETING? Patent docketing is the process of managing and organizing patent-related information, including documents, deadlines, and actions, in a structured and systematic manner. It involves creating an electronic or physical repository that...

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16 August

Sticky

REGISTRATION UNDER THE TAMILNADU REGULATIONS OF RIGHTS & RESPONSIBILITIES OF LANDLORDS AND TENANTS ACT, 2017

Posted by Surana

in SSIA

Arivan V P, Associate, Dispute Resolution Practice INTRODUCTION The Tamil Nadu Regulation of Rights & Responsibilities of Landlords and Tenants Act, 2017, (hereinafter “The Act”), on the lines of the Model Tenancy Act framed by the Government of India, notified in the in the Gazette on 22.02.2019 has been enacted with the intent to ensure regulation of rights of both the Landlords and Tenants equitably and to create a dispute resolution mechanism that is speedy and hassle free. Under the Act, the landlord and tenant are bound strictly as per the terms and conditions of the Tenancy Agreement executed by them. The...

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16 August

Sticky

REBRANDING- AN IP PERSPECTIVE

Posted by Surana

in IPR

Rakshana MK- Associate IP Practice “Rebranding”, seems like a term that’s been buzzing around us largely in recent times right! We are witnesses to Facebook’s transformation into Meta[1] and Twitter’s transformation into X[2], but ever wondered what impact such rebranding has on the Intellectual Properties that the companies own? This article attempts to understand the effects of rebranding from an IP viewpoint and draws out some lookouts for an efficient rebranding process. What does the term Rebranding mean? A verbatim interpretation of the term simply means to give a brand a new look and projection before its consumers with the intention to...

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09 August

Sticky

PATENTABILITY VS. FREEDOM TO OPERATE

Posted by Surana

in IPR

PATENTABILITY VS. FREEDOM TO OPERATE

Nihaarika Prudhvi, Trainee – Intellectual Property Rights Practice Securing a patent for an invention is an important step toward protecting your intellectual property (IP) rights, as it allows you to prevent others from making, using, or selling your invention and claiming it as their own. However, before marketing and selling a finished product, make sure you have the Freedom to Operate (FTO). Owners may not be able to make, use, or sell your invention without the FTO. The FTO is especially important in industries such as biopharmaceuticals, biotechnology, and pharmaceuticals. Chemical products and companies entering foreign markets are few of the...

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07 August

Sticky

IPR AND WHITE COLLAR CRIME

Posted by Surana

in IPR

IPR AND WHITE COLLAR CRIME

N. Vignesh Kumaran Senior Associate & Patent Agent, Intellectual Property Practice IPR Intellectual property (IP) includes intangible creations of the human intellect, which can be an idea, invention, literary creation, unique name, business method, industrial process, chemical formula, and computer program. The IP is considered an important part of economic, social, and cultural development, laws have been created throughout the world to define and protect the rights of those who develop IP through patents, copyrights, trademarks, and trade secrets, and are enforced primarily through civil action and criminal prosecution. WHITE COLLAR CRIME White-collar crime is commonly known as financially motivated, nonviolent crime committed by businesses and government professionals.The...

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31 July

Sticky

Registration department of TN hikes fees for 20 services that they offer

Posted by Surana

Registration department of TN hikes fees for 20 services that they offer

The Government of Tamil Nadu has recently implemented a revision in the registration charges, significantly impacting property redevelopment and development costs within the state. Under Section 78 of the Registration Act 1908, the registration department has announced an increase in the registration fees and stamp duty for 20 services offered by the department, marking the first adjustment in two decades. These alterations encompass various aspects such as searching of registers, making or granting copies of reasons, entries, or documents before or after registration, as well as the safe custody and return of documents, among others. Notably, the state registration department has...

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31 July

Sticky

COMPLIANCE VS CHAOS: RECENT AMENDMENTS IN THE PREVENTION OF MONEY LAUNDERING ACT LEAD TO UNEXPECTED COMPLIANCE WOES

Posted by Surana

in SSIA

RECENT AMENDMENTS IN THE PREVENTION OF MONEY LAUNDERING ACT

K. Anupriya Consultant - Corporate Compliance The integrity of the global financial system and societal well-being are recently being seriously threatened by the acts of money laundering, financing of terrorism, and the spread of weapons of mass destruction. The Financial Action Task Force (FATF), founded in 1989, plays a significant role in establishing global standards and implementing practical solutions to stop these illegal acts. The Prevention of Money Laundering Act (PMLA), which India passed in 2002 in accordance with the FATF's recommendations, is a key piece of legislation that guides the nation's efforts to combat money laundering and other associated financial crimes. ...

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27 July

Sticky

IPR NEWS – JULY

Posted by Surana

Overstock to rebrand as Bed Bath & Beyond after buying brand's intellectual property In a transformative acquisition, online retail giant Overstock has revealed plans to undergo a complete rebranding, adopting the name of the renowned home goods retailer Bed Bath & Beyond after purchasing the brand's intellectual property. This strategic move aims to bolster Overstock's market position and broaden its product offerings. By aligning itself with Bed Bath & Beyond's well-established reputation for quality home essentials and leveraging its name recognition, Overstock seeks to tap into a loyal customer base and enhance its competitive edge in the retail sector. Barbie Vs BRBY Mattel...

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18 July

Sticky

A Case for Compulsory Licensing: Balancing Access and Intellectual Property Rights

Posted by Surana

in IPR

A Case for Compulsory Licensing

Sonam Nanda Advocate, Surana & Surana International Attorneys INTRODUCTION The Copyright Act, 1957 plays a pivotal role in safeguarding the rights of creators, authors, producers, performers, and their works. Nevertheless, under certain circumstances, the exclusive rights granted to copyright holders can impede the accessibility of their works to the general public. In order to strike a balance between the protection of intellectual property and the promotion of public interest and rights, Section 31 of the Copyright Act, 1957 was established. Subsequently, several clarifications were introduced to enhance its scope, namely Section 31A, 31B, 31C, and 31D. This article aims to analyse the concept...

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06 July

Sticky

Parle loses its battle against Cadbury before the Delhi High Court and restrained from manufacturing and selling its FAB!O Biscuits

Posted by Surana

in IPR

P. Saranya Senior Associate, IP Practice In the modern era, Advertising plays a significant role for the reach and success of a product among the common public. People before coining/adopting a brand always use their intellect to develop the products which are distinctive and unique in nature and have not been in the market earlier. This Article will give you the complete details about the concept of trade dress and its infringements in India. Here is the case of “The Intercontinental Brands v Parle product pvt ltd” [2023 DHC 953] wherein the Hon’ble High Court of Delhi restrained the Defendant from using the...

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29 June

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Decoding Digital India Act: A critical analysis of India’s proposed legislative framework for the digital era

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in SSIA

Decoding Digital India Act

Aiswarya YK, Associate, Dispute Resolution practice Introduction: The digital landscape is rapidly evolving, necessitating the establishment of comprehensive legal frameworks to safeguard the rights and interests of individuals and entities. The proposed Digital India Act aims to address the emerging challenges of the digital age, providing a regulatory framework for various aspects of cyberspace. In this article, we will critically analyse the proposed act, examining its inclusions, exclusions, regulations, and the potential impact it may have on the market and intermediaries. On March 9, 2023, representatives from the legal and technology industries, among others, were invited to a consultation hosted by the Ministry of...

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22 June

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AI CHATBOTS AND INTELLECTUAL PROPERTY RIGHTS

Posted by Surana

in IPR

AI CHATBOTS AND INTELLECTUAL PROPERTY RIGHTS

RAKSHANA. MK Associate- IP Practice “A computer would deserve to be called intelligent if it could deceive a human into believing that it was human.[i]” – Alan Turing In the recent times, terms such as Open AI, Bard, ChatGPT, etc. are making it to the headlines and have become one topic which has been discussed by a number of people irrespective of their age, the industry they work in or their geographical locations. There is increased expectation on the abilities of the above mentioned tools, at the same time, there is ambiguity and confusion with regards to the effect on the same on human...

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21 June

Sticky

IPR NEWS – WEEKLY UPDATES FROM 4th JUN – 9th JUN

Posted by Surana

Jack Daniels Vs. Bad Spaniels Bad Spaniels is a dog toy maker based in Arizona, USA. As a part of their Silly Squeakers line of products, Bad Spaniels manufactures toys that mimic liquor, beer, wine and soda bottles. One such production was a parody of the acclaimed Jack Daniels Whiskey. Jack Daniels argued that the toy misleads customers, causes confusion and as a result leads to tarnishing the hard-earned goodwill of the brand. The US Supreme Court considered factors such as likelihood of confusion and up to what extent of similarity can be considered humorous or parody and ultimately ruled in...

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21 June

Sticky

SEVERING THE OLD FROM THE NEW: INDIA’S TRYST WITH SEVERABILITY AND CHALLENGES TO ENFORCEMENT OF ARBITRAL AWARDS

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in SSIA

SEVERING THE OLD FROM THE NEW - INDIA’S TRYST WITH SEVERABILITY

Ayushman Somani Student Intern, Dispute Resolution Practice Introduction Of the many principles that have been used to enforce arbitration awards in a more equitable manner in the last decade, few have proven to be as practical and effective as the ‘Doctrine of Severability’. This principal provides a middle-ground to an enforcing court by allowing it to only enforce that part of the award deemed to be free of certain encumbrances, thereby maintaining the sanctity of arbitration while ensuring an equitable award is enforced. Proposed originally as the ‘Doctrine of Blue Pencil’, the Nordenfelt v Maxim Nordenfelt Guns and Ammunition Co Ltd. (1) case decided...

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14 June

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PATENT PROTECTION FOR COMPUTER RELATED INVENTIONS (CRIs) IN INTERNET OF THINGS (IOT)

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in IPR

PATENT PROTECTION FOR COMPUTER RELATED INVENTIONS

Saranya K Associate – Intellectual Property Rights Practice INTRODUCTION Iot enables physical devices, vehicles, buildings, and other items that have embedded sensors and software that allow them to collect and exchange data with each other over the internet. This technology enables machines to communicate with each other, exchange data and perform actions without any human intervention. IoT cab be called as Internet of Everything (IOE). This term refers to the concept that not only physical objects or devices, but also people, processes, and data are interconnected and communicate through the internet. IoT has the potential to revolutionize various industries, including healthcare, transportation, manufacturing,...

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09 June

Sticky

The defense of the accused may change after this Supreme Court Judgement

Posted by Surana

Recently, the Supreme Court of India passed an important judgment that may change how the accused defend themselves in a trial. This revolves around Section 313 of the Criminal Procedure Code, 1983. Normally, many accused individuals stick to standard defenses like "false case" or "I don't know" when they are questioned. But the problem is, these statements are often the only defense recorded by themselves in courts. This is where Section 313(5) of the Criminal Procedure Code comes into play. According to the new Supreme Court ruling (Premchand vs. The State of Maharashtra – 2023 LL (SC) 168 dated 03.03.2023), a detailed written statement by the accused under Section 313(5) must now be recorded and treated as an exhibit. This gives the accused a better chance to put forth their defense effectively. So, here's the takeaway: Even though it's optional, the accused should always provide a detailed statement under Section 313(5) when he or she is questioned by the court. It'll be marked as an exhibit and stay on the court record, even in case of an appeal. This could significantly help shape their defense

Recently, the Supreme Court of India passed an important judgment that may change how the accused defend themselves in a trial. This revolves around Section 313 of the Criminal Procedure Code, 1983. Normally, many accused individuals stick to standard defenses like "false case" or "I don't know" when they are questioned. But the problem is, these statements are often the only defense recorded by themselves in courts. This is where Section 313(5) of the Criminal Procedure Code comes into play. According to the new Supreme Court ruling (Premchand vs. The State of Maharashtra – 2023 LL (SC) 168 dated 03.03.2023), a detailed...

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06 June

Sticky

Do you need a will before you turn 45?

Posted by Surana

Do you need a will before you turn 45

Wills have always been an uncomfortable subject in India. The general perception is that a will has to be drafted only when a person is in the later stages of his/her life. Wills can be drafted by anyone who is above 21 years of age. What is a will? A will is a legal declaration of the intention of a Testator with respect to his property which he desires to be carried out after his death. In India a will can be made on plain paper. It is not legally necessary to make the will on stamp paper. A will can be...

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30 May

Sticky

Issues with Repeat Appointments of Statutory Arbitrators

Posted by Surana

in SSIA

Issues with Repeat Appointments of Statutory Arbitrators

Arunima Das A. Introduction: Repeat appointments of arbitrators refer to the appointment of an arbitrator for multiple arbitration proceedings. It ordinarily involves the same arbitrator being repeatedly chosen by a single party or counsel for various cases. In the context of statutory arbitrations, arbitrators are appointed by statutory bodies, rather than by the parties themselves. Consequently, when a sole arbitrator is appointed by a statutory body, for cases with the same subject matter and involving a common party, it can also be considered a form of repeat appointment within statutory arbitrations. Although this definition may be subject to debate, this article assumes...

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25 May

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METAPLEX: ALL YOU NEED TO KNOW

Posted by Surana

METAPLEX - ALL YOU NEED TO KNOW

A Solana-powered structure named Metaplex supports the generation and minting of non-fungible tokens as well as auctions and standardised NFT visualisation across wallets and applications. An on-chain programme and a self-hosted front-end web2 application make up its two main parts. Modern blockchain Solana is very different from the Bitcoin network. Modified cryptographic algorithms are used by Solana to build a quick and scalable blockchain. Blockchain technology has come a long way since the launch of the first decentralised Bitcoin network in 2009. It has changed from being a safe computer network for trading digital currencies to a place where complete virtual...

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17 March

Sticky

Legal remedies in case of fraudulent credit card transactions

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in SSIA

Legal remedies in case of fraudulent credit card transactions

Niranjana T G, Associate, Dispute Prevention & Resolution Practice As the popular saying by Eckhart Tolle goes, ‘Awareness is the greatest agent of change’, it is vital in today’s technology-driven world to know about various kinds of cybercrimes that we could possibly be exposed to and the legal remedies available for the same. In this article, the author intends to discuss about one particular kind of cybercrime - credit card fraud and the legal solutions. Fraudulent credit card transactions may happen due to multiple reasons notably due to hacking, phishing[1] or the card being stolen. In such cases, a third party fraud...

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17 March

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PATENT PROTECTION IN THE FIELD OF NANOBIOTECHNOLOGY

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in IPR

PATENT PROTECTION IN THE FIELD OF NANOBIOTECHNOLOGY

Nihaarika Prudhvi, Trainee - Intellectual Property Rights Practice INTRODUCTION: Since we live in a scientific era, it is important that we understand several aspects of rapidly developing field of nanobiotechnology, including patent protection. Nanoscience is the study of marvels and manipulation of material at the nanoscale, in substance an extension of being lores into the nanoscale. Accoutrements reduced to the nanoscale can suddenly show veritably different parcels compared to what they show on a macroscale. With Nanotechnology, a large set of accoutrements with distinct parcels (optic, electrical or glamorous) can be fabricated. The lower a nanoparticle gets, the larger its relative face area...

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20 February

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PATENTING OF MICROORGANISMS & GENES

Posted by Surana

in IPR

PATENTING OF MICROORGANISMS & GENES

VERSHA YADAV Patent Agent /Patent Associate, Surana & Surana International Attorneys ABSTRACT In the 21st century, it is becoming increasingly clear that access to cutting-edge technologies and discoveries can be the difference between progress and failure in the business world. This has led to a rise in patenting of various microorganisms, genes, and viruses. Although, the government of India permitted patenting of microorganisms in India under the Patents Bill (Second Amendment) on 14th May 2002. The government of India has so far granted many patents for microorganisms, and various pharmaceutical companies and research institutes have filed an application for patenting of microorganisms. But patenting...

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13 February

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WTR 1000 2023

Posted by Surana

WTR 1000 SSIA Awards - IPR News

The World Trademark Review’s WTR 1000 2023, focuses exclusively on trademark practice and has firmly established itself as the definitive 'go to' resource for those seeking world-class legal trademark expertise. India continues to foster innovations and, since last year, has climbed to the 40th place in WIPO's Global Innovation Index. The 301 Report by the Office of the United States Trade Representative maintained India's ranking as one of the seven countries where protecting and enforcing IP rights presents a major challenge. The report praised improvements to the efficiency of online IP enforcement, reduced examination times for patent and trademarks and increased...

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11 February

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The FIFA IP Law : Qatar’s Ticket To A Booming Economy

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in SSIA

FIFA IP Law

Chinna Aswathy Abraham, Associate, Dispute Prevention and Resolution Practice S. Nagarjun, Student Intern Introduction: Organizing and staging a global sporting event is no small feat. The strategic use of trademarks and other commercial rights helps generate the revenue streams required to fund such events (1).With the increasing commercialisation of sports, large corporations and brands are keen on enhancing the fan experience by making sporting events accessible to every household, be it in the form of live broadcasting of these events or by way of sports merchandising. The Federation Internationale De Football Association (FIFA) World Cup is the world's largest single-sport event and the World...

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09 February

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AN ANALYSIS ON PROTECTION OF FILM TITLES UNDER TRADEMARK LAW

Posted by Surana

in IPR

AN ANALYSIS ON PROTECTION OF FILM TITLES UNDER TRADEMARK LAW

RAKSHANA. MK Associate, Surana & Surana International Attorneys INTRODUCTION: Unlike William Shakespeare’s famous quote "What's in a name? That which we call a rose by any other name would smell as sweet.” names and titles, especially in the entertainment industry have proven to be as important or unique, in line with that bestowed upon the script, the cast and crew or any other aspect of a work. With specific reference to the film industry, the title of a movie is what promotes and popularizes the work to reach the public and its audience, thus holding utmost importance comparative to any other part of...

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01 February

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LEGAL ANALYSIS OF THE DRAFT INDIAN TELECOMMUNICATION BILL, 2022 – LIBERATIVE OR OBSTRUCTIVE?

Posted by Surana

in SSIA

Sara Suresh Associate, Surana & Surana International Attorneys On September 21, 2022, the Department of Telecommunication under the Ministry of Communication released the Draft Indian Telecommunication Bill, 2022 along with an explanatory note into the public domain for the people and the stakeholders to accord their comments. The Bill intends to consolidate the existing legal framework of telecom industry in order to make them future-ready to keep up with the innovations and technological advancements in the sector. Primarily, the Bill seeks to repeal the three existing laws – the age old British era Indian Telegraph Act, 1885; Indian Wireless Telegraph Act, 1933 and...

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31 January

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EXPEDITED EXAMINATION AND PROCESSING OF TRADE MARK APPLICATIONS – A COMPARATIVE ANALYSIS

Posted by Surana

in IPR

Balaji P L.L.M., Principal Associate, Surana & Surana International Attorneys Introduction The examination of trade mark application is the pivotal stage in the process of ascertaining registrability of the applied mark by the trade mark offices around the world, which starts with the issuance of an office action/examination report with the list of objections raised by the trade mark offices or a letter of acceptance of the trade mark. Subsequently, the application may go through re-examination, advertisement, oppositions, hearings, etc., before reaching the stage of registration. The time period taken by the trade mark offices, for completing the first examination of application and...

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31 January

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IPR NEWS – WEEKLY UPDATES FROM 27th NOV – 3rd DEC

Posted by Surana

Delhi HC stops Andhra company from using Kohinoor Seed Fields trademarks The Delhi High Court on 1 December 2022, granted an ex parte ad interim order to an Andhra based company after the company has used the trade name deceptively similar to the plaintiff. In the present case, the Kohinoor Company, being a leading seed company, has put a non-exclusive contract with the defendant company for marketing and distributing their products. Further, the plaintiff has been selling transgenic BT cotton hybrid seeds, approved by the Genetic Engineering Appraisal Committee, in the brand names of “SADANAND”, “TADAAKHA” and “BASANT” from 2014. Later,...

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25 January

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IPR NEWS – WEEKLY UPDATES FROM 20th NOV – 26th NOV

Posted by Surana

In the battle over Vistara, Delhi High Court favours Tata Airlines According to the Delhi High Court’s order on 22 November 2022, Justice Jyoti Singh granted ex-parte ad-interim injunction, curbing the use of the well-known trademark, “VISTARA” belonging to the Tata Airlines by a Karnataka based news channel. The trademark “VISTARA” has been declared as a well-known trademark by this Court in TATA SIA Airlines Limited vs. M/s Pilot18 Aviation Book Store & Anr. Further, the Judge took account of the reputation and goodwill of the plaintiff, owing the accolades and popularity bagged by them among the public for their website...

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13 December

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Necessity of Pre-Suit Mediation in Commercial Disputes: An Analysis of Section 12A of the Commercial Courts Act, 2015

Posted by Surana

in IPR

Necessity of Pre-Suit Mediation in Commercial Disputes

By Sonam Nanda, IPR Practice, Surana & Surana International Attorneys, New Delhi Office Introduction The Commercial Courts Act of 2015 with its amendment in 2018 is a recent exercise undertaken to adjudicate commercial disputes quickly. The object of this exercise was steered with the introduction of Section 12A by an amendment in 2018 that made mediation necessary before institution of a suit for commercial matters. This article will elaborate on need for such an exercise and critically analyze the interpretation and nature of Section 12A of the Commercial Courts Act, 2015 taken by the courts of the country. Need for the Commercial Courts...

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05 December

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IPR NEWS – WEEKLY UPDATES FROM 13th NOV – 19th NOV

Posted by Surana

MARIA CAREY FAILS TO GET THE TRADEMARK “QUEEN OF CHRISTMAS” According to the BBC, on November 15, the U.S. Patent and Trademark Office rejected Maria Carey application, which was made through her business Lotion LLC. According to NME, the March 2021 file was made in order to obtain exclusive rights of many Christmas words. She wanted to secure the rights to "Queen of Christmas," "Princess of Christmas," and "Christmas Princess," with the potential to use them on fragrances, tree decorations, audio and visual records, and other products. Carey ran into issues, though, when other queens of Christmas voiced their opinions and...

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30 November

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IPR NEWS – WEEKLY UPDATES FROM 6th NOV – 11th NOV

Posted by Surana

CONDE NAST v. DRAKE Conde Nast, the owner of Vogue magazine, on November 7 has filed a lawsuit against Drake and 21 Savage for using the Vogue trademark without authorization to promote their new album "Her Loss." Conde Nast claimed that the rappers' promotional campaign was "entirely" based on the unauthorized use of Vogue trademarks and false claims that they would appear on the magazine's upcoming cover with the "love and support" of longtime editor-in-chief Anna Wintour, including to their more than 135 million social media followers. Conde Nast said that the defendants also produced a fake issue of Vogue that...

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18 November

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IPR NEWS – WEEKLY UPDATES FROM 30th OCT – 5th NOV

Posted by Surana

LOUIS VUITTON MALLETIER V. FUTURETIMES TECHNOLOGY INDIA PRIVATE LIMITED & ORS The Delhi High Court on November 3 has granted Louis Vuitton Malletier, a French luxury fashion brand, Rs. 20 lakhs in fees in its trademark infringement case against Club Factory, a Chinese e-commerce platform that was outlawed in India in 2021. Louis Vuitton's attorney informed the court on November 3 that the plaintiff only wishes to pursue costs in the case, despite the fact that the lawsuit was officially decided on March 24 when a permanent injunction was granted against the Chinese website and it was now scheduled for ex-parte...

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15 November

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IPR NEWS – WEEKLY UPDATES FROM 23rd OCT – 29th OCT

Posted by Surana

LIDL GREAT BRITAIN LIMITED AND ANOTHER v. TESCO STORES LIMITED AND ANOTHER Attempting to resurrect a portion of its lawsuit against bargain retailer Lidl on October 25, Britain's largest retailer Tesco said in court in London that its German-owned rival had filed for trademarks for a yellow circle against a blue backdrop in "bad faith". In response to Lidl's initial lawsuit, which claimed Tesco was attempting to "ride on (its) coat-tails" by adopting a logo of a yellow circle on a blue background to advertise its "Clubcard Prices" discount programme, Tesco filed a counterclaim against Lidl in 2021. Tesco stated that...

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