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Author: Surana

SURANA & SURANA > Articles posted by Surana

The new face of cybercrime beyond 2021

cybercrime beyond 2021

The Indian laws were inadequate for issues relating to Cyber, AI, Cloud and Bigdata and there is a dire need to have standard frameworks that will assist stakeholders in the country in scenarios of cyber-attacks, ransomware and malware. Educating the consumers about ensuring their safety and privacy while using these developments, is essential....

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Sound Mark – Ring a bell?

Sound mark 01

Protection of a sound as a trademark is an emerging trend and all necessary resources are in the making towards optimally achieving it. Although, the Trade Marks Rules, 2017 provides express provisions to obtain registration of a sound mark, the adequacy of such provisions leaves behind numerous question in the mind of a defender and enforcer. ...

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COPYRIGHT AMENDMENT RULES, 2021; TRIBUNAL REFORMS ORDINANCE, 2021: AN OVERVIEW OF THE SHIFT IN THE IP REGIME

small judge gavel

On 5th April, 2021, the Tribunal Reforms (Rationalization and Conditions of Service) Ordinance 2021 abolished the Intellectual Property Appellate Board (IPAB) and effectuated the change in the provisions concerning the impugned body in the Trade Marks Act 1999, The Patents Act, 1970, The Copyright Act, 1957[1] and The Geographical Indications of Goods (Forms & Making an Appeal and Fees Therefore) Rules, 2013....

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Hindustan Unilever Limited Vs. Opposing Party

Aparna Venkat Associate Surana & Surana International Attorneys The Learned Judge of the Bombay High Court, G.S. Patel has urged that the Advocates reconsider the manner in which they frame their prayers in a trademark infringement or passing off suit. In the said suit bearing Commercial IP Suit (L) No. 3761 of 2021, the Judge has granted an injunction and appointed a Receiver. It has further been ordered by the Judge that until the Receiver executes his commission the Defendant’s name will not be disclosed and also the original order will not be uploaded. Thus, the anonymity of the opposing party. The essence of the...

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HERO ELECTRICS V. LECTRO E-MOBILITY [1]: DELHI HIGH COURT AFFIRMS THE ARBITRABILITY OF IP DISPUTES IN PERSONAM:

Indiradevi Kollipara IP Division Surana & Surana International Attorneys Arbitrability of disputes, in a jurisprudential context has been affirmed in the precedents provided by the Supreme Court and High Court of much judicature. The present case reported on March 2nd, 2021 sets forth the arbitrability of disputes pertaining to Intellectual Property (hereinafter ‘IP’) that are within the scope of contractual obligations. DEVELOPMENT OF ARBITRABILITY OF IP DISPUTES IN INDIA: A JURISPRUDENTIAL OVERVIEW: The jurisprudence underlying the arbitrability of IP disputes in India have been demarcated based on two schools of thought. One is based on the prevalence of section 2(3) of the Arbitration and Conciliation...

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BigBasket vs. Daily Basket

BigBasket has recently sent a 'Cease and Desist Letter' to Daily Basket asserting infringement of their brand name. BigBasket claims to be the biggest online food and supermarket in India while Daily Basket professes to be a little bootstrapped, Coimbatore-based, two-man start up. Daily Basket is an on-the-web/ disconnected staple startup presently just serving in Coimbatore. The Cease and Desist Letter BigBasket in its 'Cease and Desist Letter' stated that "the simple notice or reference of a name containing "basket" in word or logo structure for any internet business and related items are similar to BigBasket and hence Daily Basket should not...

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FARM BILLS, 2020: AN ANALYSIS

Introduction The Indian Parliament during its monsoon session culminating on 23 September passed three highly contentious bills, currently awaiting the President’s signoff, amidst uproar from opposition party leaders and farmers groups. These bills were intended to replace ordinances promulgated on 5th June 2020 The three bills introduced were: The Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020The Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Bill, 2020The Essential Commodities (Amendment) Bill, 2020 The passage of these Bills, has led to a huge uproar in the country. While, those supporting the Farm Bills are arguing that this is a historic...

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Direct Selling Business Model – Bane or Boon?

Aparna Venkat Associate, Surana & Surana International Attorneys An increasing number of companies now rely on e-commerce strategies for selling and reaching out to customers. Online channels eliminate the need to physically run a shop. This pattern brings together companies that offer products with different segments of customers who can potentially buy the said products. On one hand, customers benefit from higher accessibility, and on the other hand, companies benefit from a cheap and easy to maintain sales channel. In other word, it is an “Online Supermarket”. However, the question which many companies are confronted with is to whether host the online shop...

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