12 April

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

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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...

02 April

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BigBasket vs. Daily Basket

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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...

27 March

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FARM BILLS, 2020: AN ANALYSIS

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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...

24 March

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Direct Selling Business Model – Bane or Boon?

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in IPR

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...

19 March

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Taipei Economic & Cultural Center, Chennai appoints Dr. Vinod Surana as Hon. Legal Advisor

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At an august ceremony held on March 17, 2021 in the Surana & Surana Auditorium within the firm’s office premises, the Director-General of Taipei Economic and Cultural Center (TECC), Chennai (Taiwanese Consulate), Mr Ben Wang handed over the letter of appointment to Dr Vinod Surana as the Hon. Legal Advisor to provide comprehensive legal and tax advisory services to assist Taiwanese investors in South India. “We are happy to be associated with his firm Surana & Surana International Attorneys who have provided us stellar service for our Centre and have facilitated the establishment of several of our country’s business enterprises in...

12 March

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Are offences under Section 63 of the Copyright Act & Section 103 of the Trade Marks Act Bailable or Non-Bailable?

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In PiyushSubhashbhaiRanipa vs. The State of Maharashtra, which was decided on February 26, 2021, the Hon’ble High Court of Bombay has settled the law on whether offences under Section 63 of the Copyright Act, 1957, and Section 103 of the Trade Marks Act, 1999, are bailable or non-bailable. Section 63 of the Copyright Act relates to the offence of infringement of copyright or other rights conferred by the Act wherein if any person knowingly infringes or abets the infringement, such person shall be punishable with imprisonment for a term which may extend to three years. Section 103 of the Trade Marks Act...

11 March

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Surana & Surana Knowledge Series seminar organised by Surana & Surana International Attorneys on The New Tamil Nadu Industrial Policy 2021 & MSME Policy 2021.

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https://www.youtube.com/embed/WkydMRZlw1c Surana & Surana International Attorneys held their first live seminar under the Knowledge Series, on "The New Industrial Policy 2021" and "MSME Policy 2021" for the state of Tamil Nadu, on February 27, 2021. Presented by the firm’s Partner Sanjay Mehta who analysed the various salient features of the two policies, the session was followed by individual takes on the policy by Mr. S. Rajasekaran, National President, NIQR, President, SIPCOT Irungattukottai Manufacturers Association (SIMA) & Managing Director, Infant Engineers Pvt Ltd; Mr. K. Suresh, President & CEO, India Cements Capital Ltd & President Elect, Hindustan Chamber of Commerce; Ms. Chitra Alai, General Manager, SIDBI; Mr....

11 March

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Can you be any cooler than Willis Carrier

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Wondering who Willis Carrier is and why you can’t be any cooler than him? Willis Carrier is an American inventor who designed the first modern air-conditioning system. As summer looms and temperatures have slowly but steadily begun to soar, Willis Carrier’s contribution to make our lives more tolerable cannot be ignored! It is interesting how the idea struck him – on a foggy morning, while waiting for his train, Carrier realised that he could control the humidity of an indoor space by passing air through water to create fog, thereby creating air with a specific amount of moisture. Using that...

03 March

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Agriculture and Intellectual Property Rights

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By N. VigneshKumaran B.E. Associate Surana & Surana International Attorneys Introduction Agriculture is the process of producing food, feed, fiber and many other desired products by the cultivation of certain plants and the raising of domesticated animals (livestock). Traditionally, Intellectual Property Rights (IPR) did not play a significant role in the agriculture sector. However, in recent times, this position has changed and agriculture is increasingly seen as an industry that cannot survive without research and development, which has made it necessary that IPR in all its forms be extended to agriculture. Patent activities in the agriculture sector The graph above shows the patent activities in the...

11 February

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PURPOSE AND PROCEDURE FOR DRAFTING A FAMILY CONSTITUTION

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BY Dr. Vinod Surana Introduction A family constitution is a charter that documents the values and principles of a family business. The contents of a family constitution underline the values and principles of the business while also providing reference points for decision-making concerning ownership and management. Since no family has the same composition or structure, a family constitution will vastly differ. Even in terms of conflict resolution, a family constitution will address the tribulations that that particular business can possibly take as per its past history. Merely having a family constitution in place, does not mean there will be an answer to every...

11 February

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E-Voting: It Is Time To Press For Internet Voting In Elections

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By Dr. Vinod Surana Living in the age of artificial intelligence, automation, and instant communications, it is a natural progression to increasingly implement technology in the democratic processes. India, one of the largest democracies in the world, has already illustrated how efficient and equitable elections can be carried out with Electronic Voting Machines (EVMs). India is among the ten countries in Asia and South America that uses EVMs in elections, as do big democracies such as Brazil and the Philippines; however, the majority of Western democracies have shunned the use of EVMs. Many nations in North America and Europe have either discarded or...

30 December

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The new Indian Data Privacy Bill & its impact on business

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By Dr. Vinod Surana Data collection Data is a collection of names, numbers, dates, measurements formatted to be machine readable. Data is responsible for boosting a company’s revenue, building target audience as well as modifying their products or services to meet demands. Several sources predict exponential growth where size of data doubles every two years. The growth rate has multiplied from two zettabytes in 2010 to 59 zettabytes in 2020. It is forecasted to go beyond 149 zettabytes in the next four years (Statista, 2020). Organisations collect data from customers in several ways, and the data obtained contains personal identifying information...

24 December

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Governance in family business during COVID-19

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By Dr. Vinod Surana With a looming pandemic that is leading economies to lean towards a K-shape recovery, it is apparent that the brunt of the economic crisis is being felt differently across different businesses and industries. A category of business going through unique changes is the family business. Extremely intriguing data points towards the fact that multigenerational family businesses are experiencing the pandemic differently as compared to those in non-family businesses. ‘Banyan Global’, a family business advisory firm surveyed over 190 families from 20 countries across different industries. Majority of the companies surveyed stated that they are negatively impacted by the...

21 December

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LITIGATION FUNDING

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By Dr Vinod Surana What is Litigation Funding? Litigation Funding, commonly referred to as Third-Party Funding (TPF), refers to the process of covering a party's litigation expenses by a funder in return, for a share in the litigation's monetary award. Litigation funding can cover the costs of any kind of dispute resolution process, whether it is conventional legal proceedings, arbitration and/or mediation. Under Litigation Funding, all or part of the costs borne by one of the parties to the arbitral proceedings is funded by an individual who is not a party to a dispute and the litigation proceedings resulting therefrom. If the...

16 December

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First response: Computer Forensics

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By Dr. Vinod Surana In the electronic era, information is left behind as digital footprints in the cyberspace. The trail of digital evidence is searched, identified and analyzed to link and reconstruct the chain of events. Forensic Investigation of cybercrime cases are complex and depends on evidence identified, recovered and reasoning. The first responder is the first person to arrive at the scene and can even be a complainant to the crime. Once the physical boundaries or electronic scope of the crime are identified, the role of the first responder is to protect the scene and the devices (ex: in a...

25 November

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PR Strategies For High Profile Litigations

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By Dr. Vinod Surana PR Strategies For High Profile Litigations Introduction The recent clamour around the Sushant Singh Rajput case has shown how and why does managing the public and the media matter in high profile litigation cases. The lawyers from both sides have incessantly given interviews to the media and have opined in a number of platforms including social media outlets regarding their take on the case. Such an active involvement by lawyers in high-profile litigations is required in order to prevent circulation of fake news or the formulation of an adverse public opinion. Speed is the key. One should have their...

25 November

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Big Data, Law & Regulating Big Data

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By Dr. Vinod Surana The term “Big Data” has been labelled amongst other things as a buzzword or a new-age “marketing term”[i], but a reading of the World Economic Forum’s write up on Big Data clarifies that Big Data is not a “new or isolated phenomenon”, but another phase (albeit a rather crucial phase that will change the way businesses and society functions) in a long evolution of how data is captured and used[ii]. But first, what is Big Data? Simply put, Big Data refers to very large and often complex sets of data that are so large in size that conventional software...

25 November

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Corruption and Judiciary

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in SSIA

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By Dr. Vinod Surana Andhra Pradesh Chief Minister YS Jaganmohan Reddy takes the judiciary head on, saying it was obstructing his functioning at the behest of his predecessor, who was operating levers with the help of a sitting Supreme Court judge. Insinuations, and even allegations of corruption in the higher echelons of the judiciary are always talked about in hushed tones. The common man still retains faith and trust in this pillar of democracy. The legal fraternity, though, has a better understanding of its functioning at different levels and is not unaware of the malice of corruption that has crept into the justice...

21 October

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Digital Forensic Investigation Capabilities for first responders

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By Dr. Vinod Surana Prevention and Response Checklist for Victims and Investigation Agencies Introduction to Digital Forensic A Singapore based cyber research firm has alerted the Indian cyber agencies about a massive cyber-attack by a Chinese hacking group from June 21, 2020 onwards (Mirror now, 2020). The targets are believed to be ministries, firms, IT sectors and media houses in Delhi, Kolkata, Ahmedabad, Mumbai and Hyderabad. A splurged movement on the dark web, manifesting an increase in aggression by these attackers are noticed post the geopolitical clashes in Galwan at the Ladakh border. India’s Computer Emergency Response Team (CERT-In) has unfurled red flags against...

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