Blog
Featured in this section are a selection of articles on various topics, both of legal and non-legal nature.-
WILL THE CTC GO UP WHEN THE LABOR CODES ARE IMPLEMENTED?
04 Aprilin SSIAM. DarshikaAssociate Introduction: Over the years, for governing and regulating the labor and employment regimes, several labor laws were implemented in our country. This multiplicity of labor laws had resulted in several distinct compliances thereby making it very onerous for businesses to ad...
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Virtual Private Network
08 Decemberin SSIAVirtual Private Network or VPN allows people to browse securely via an array of encrypted services that allow masking of individual identities. Users gain access to websites that are banned or those that are available in specific countries. VPN allows two or more networks to connect. Companies can a...
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The Smart Hijack – Unimaginable Threats from Smart Devices
07 Septemberin SSIAThere is no doubt that there are many advantages of Artificial Intelligence and IoT enabled smart devices. Technical advancements in facial recognition, voice recognition, automatic content recognition are adding newer dynamics to entertainment, household, and lifestyle. However, the smart devices a...
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THE SKILL OF LEGAL WRITING
11 Augustin SSIAA legal document, regardless of whether it is a plaint, affidavit or contract serves two purposes - informing and engaging both the client and the court about the legal issue. It is essential for lawyers and judges to draft all legal documents with clarity, such that the essential facts are conveyed...
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THE SCOPE OF GEO-TAGGING OF IMMOVABLE ASSETS IN THE CORPORATE INSOLVENCY RESOLUTION PROCESS
30 Septemberin SSIAChinna Aswathy Abraham Associate, Dispute Prevention & Resolution “Geo-tagging refers to the process of adding geographical identification like latitude and longitude to an asset. The information included in a geo-tag may include place co-ordinates, bearings, altitude, distances, or even place...
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The new Indian Data Privacy Bill & its impact on business
30 Decemberin SSIABy 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 ...
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The new face of cybercrime beyond 2021
07 Julyin SSIAThe 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...
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The need to regulate E-Pharmacies in India- Necessary checks for a booming industry
11 Augustin SSIAAdithya Narayan Student Intern, Dispute Prevention & Resolution INTRODUCTION Over the last few decades, there has been a significant increase in the digital commercialization of goods and services. “E-Pharmacies” have entered the race during the Covid-19 lockdown and the need for med...
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The intersection between admiralty laws and cross-border insolvencies: in deep water or smooth sailing?
11 Augustin SSIAChinna Aswathy Abraham Associate, Dispute Prevention and Resolution The intersection between admiralty laws and insolvency laws has been making waves for the last many years With respect to India, questions arose as to the jurisdictions of the courts- while admiralty jurisdiction generally exercised...
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THE IMPORTANCE OF RESEARCH IN LEGAL PRACTICE
11 Augustin SSIALegal research and writing in my opinion are the backbone of a good lawyer. Here, writing would mean communication. Communication can be in written, oral and nowadays, even in video form. Hence, as legal practitioners it is crucial that we are thorough on the basics of legal research and legal writ...
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The FIFA IP Law : Qatar’s Ticket To A Booming Economy
11 Februaryin SSIAChinna 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 suc...
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The brutalities of ransomware attacks – Safeguarding your business from cyber attacks
24 Septemberin SSIAA ransomware attack is one of more predominant forms of criminal business models designed to extort money by injecting threats into their computers and other digital systems....
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The Baffling Case of Infosys Non-Compete Clause: A critical analysis
09 Septemberin SSIASARA SURESH, Associate, RE & Corporate During the month of April 2022, there were extensive discussions over the legality and enforceability of Non-Compete clauses among the IT workforce. Media Reports stipulates that the IT giant corporation, Infosys, had been summoned by both the Central Labou...
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Taipei Economic & Cultural Center, Chennai appoints Dr. Vinod Surana as Hon. Legal Advisor
19 Marchin SSIAAt 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. ...
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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.
11 Marchin SSIASurana & 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 ...
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RIGHT TO BE FORGOTTEN
05 Julyin SSIACan one be forgotten from the internet? The need In the hyper connected nature of the web today, personal information about anyone can be easily obtained within a few clicks on the internet. Personal Identifiable Information (PII) refers to any data that can distinguish a living individual uniquely ...
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Rethinking Employment Contracts in the Era of Remote Working
25 Januaryin SSIARemote work is here to stay. Our understanding of the traditional employer-employee relationship is gradually becoming altered. In this evolving world, would the traditional employer- employee contract still be relevant? If not, then what are the key issues that need to be pondered...
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Resolution of Legal Issues in Metaverse
08 Julyin SSIAAt the end of October, at Connect 2021, Mark Zuckerberg relaunched Facebook as Meta in October 2021, in quest of the metaverse. The once-loved concept of a virtual world parallel to the actual world has now been mainstreamed by the internet giant’s makeover. Gradually, the metaverse is becomin...
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Regulatory Moves on Digital Media
28 Julyin SSIAThe new IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 have given rise to a political space where the Right and the Liberals unite, but only momentarily. ...
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Quia Timet Action – Meaning and judicial developments regarding its scope
09 Julyin SSIAOwners of intellectual property (Trademarks, Copyright, Patent, Designs, etc.) must always be alert and ensure that their rights are not violated by any third party. Any form of intellectual property would be an asset and hold great commercial value to its owner in today’s competitive business env...
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PURPOSE AND PROCEDURE FOR DRAFTING A FAMILY CONSTITUTION
11 Februaryin SSIABY 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 ...
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Pre-Packaged Insolvency Resolution Process – The JOURNEY thus far
12 Januaryin SSIAMs.Chinna Aswathy Abraham Associate, Litigation & Arbitration Practice Business rescue is commonly achieved by sale of the company’s assets while keeping it a going concern, in an attempt to generate more value, as opposed to selling the assets in piecemeal. This is precisely what a pre-packag...
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PR Strategies For High Profile Litigations
25 Novemberin SSIABy 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 t...
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Modified Universalism And The Interplay Of The UNCITRAL Model Law & The New York Convention
01 Octoberin SSIAThe Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1)also known as the ‘New York Arbitration Convention’ was adopted with the aim of harmonising the process for the recognition and enforcement of foreign arbitral awards and for referral by a court to arbitration. Howe...
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LITIGATION FUNDING
21 Decemberin SSIABy 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 co...
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Legal remedies in case of fraudulent credit card transactions
17 Marchin SSIANiranjana 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 th...
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LEGAL ANALYSIS OF THE DRAFT INDIAN TELECOMMUNICATION BILL, 2022 – LIBERATIVE OR OBSTRUCTIVE?
01 Februaryin SSIASara 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 stakeh...
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Governance in family business during COVID-19
24 Decemberin SSIABy 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 busin...
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First response: Computer Forensics
16 Decemberin SSIABy 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 evidenc...
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FARM BILLS, 2020: AN ANALYSIS
27 Marchin SSIAIntroduction 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 o...
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E-Voting: It Is Time To Press For Internet Voting In Elections
11 Februaryin SSIABy 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 equita...
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DOES THE STATE COMMISSION HAVE THE POWER TO SET ASIDE EX-PARTE ORDERS WHILE EXERCISING REVISIONAL JURISDICTION?
19 Septemberin SSIAT.G Niranjana, Associate, Dispute Prevention & Resolution It has been settled by a catena of judgments that the District Consumer Dispute Redressal Commissions do not have the power to set aside the ex-parte orders passed by them. The current trend to ‘overcome this difficulty’ is to file a ...
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Digital Forensic Investigation Capabilities for first responders
21 Octoberin SSIABy 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, 20...
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Corruption and Judiciary
25 Novemberin SSIABy 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 corrupti...
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CONSTITUTIONAL TORT
27 Augustin SSIAA constitutional tort is a legal tool that allows the state to be held vicariously accountable over the actions of its agents. Through this article, we shall discuss the different facets of constitutional tort and how our judiciary has treated the same....
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CAREER OPPORTUNITIES FOR LAW GRADUATES
24 Augustin SSIAA profession in law is considered highly august and financially productive. Conventionally, after graduation, a law student was expected to practice litigation. A litigator or an advocate hears and defends the cause of his/her client in the court. However, in the course of time, the career possibili...
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BINDING THIRD PARTIES TO ARBITRATION – THE NEW NORM?
10 Septemberin SSIAShweta Surana, Assessment Intern INTRODUCTION One of the most fundamental cornerstones of arbitration is consent. It is by virtue of this unique characteristic of arbitration, that only those parties which consented to the arbitration agreement can be bound by the agreement and the resulting a...
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Big Data, Law & Regulating Big Data
25 Novemberin SSIABy 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 rat...
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A vision for ‘Intelligence-led policing’ in India
06 Julyin SSIAHow should the police force operate? Is the traditional policing approach redundant today? What capabilities can the modern world police adopt to achieve operational goals?...
IPR
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Sound Mark – Ring a bell?
23 Junein IPRProtection 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 que...
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PATENTING OF MICROORGANISMS & GENES
20 Februaryin IPRVERSHA 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 ...
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PATENT PROTECTION IN THE FIELD OF NANOBIOTECHNOLOGY
17 Marchin IPRNihaarika 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 manipula...
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PATENT LANDSCAPING
20 Februaryin IPRBy Dr. Vinod Surana Overview A patent is an exclusive right granted by a sovereign authority for an invention. It can be a product, process, a novelty or an improvement, or a solution to a problem. It plays an essential role in encouraging innovation and developments across all sectors. Inventors ga...
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NON-FUNGIBLE TOKENS & INTELLECTUAL PROPERTY RIGHTS – AN ANALYSIS
06 Aprilin IPRBy RAKSHANA. M. K., Associate, Intellectual Property Practice Introduction: Non-Fungible Tokens (NFT) have been the talk of the investment world and among the Crypto community in the recent times. Over the last decade, terms such as Blockchain technology, Cryptocurrency and Non-Fungible Tokens have ...
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Necessity of Pre-Suit Mediation in Commercial Disputes: An Analysis of Section 12A of the Commercial Courts Act, 2015
13 Decemberin IPRBy 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 introducti...
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Merck Sharp and Dohme Corp. and Ors. Vs. SMS Pharmaceuticals Limited
27 Julyin IPRSMS Pharmaceuticals Limited (hereinafter “SMS Pharma”) had filed an application to modify an ex-parte ad interim order passed by the Hon’ble Delhi High Court in favour of Merck Sharp and Dohme Corp. (hereinafter “Merck”) in a suit for infringement of Merck’s Indian patent no. 209816....
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Kerala vs Karnataka – Battle For An Abbreviation
01 Septemberin IPRFor a long time, these two states have been using the KSRTC logo for their respective national trucking companies. The dispute arose when Karnataka applied for trademark registration and issued a notice to Kerala in 2014 stating that they should not use the acronym....
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IPR Challenges in the Metaverse
30 Junein IPRMetaverse, to many is that enigma where the demarcation boundaries between the virtual and real get blurred. It is the coming together of virtual reality and augmented reality. Metaverse presents a world of boundless potential. You may take virtual trips, live an ‘imagined’ life through digital ...
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Intellectual Property Rights in Mobile Apps
27 Januaryin IPRN. Vignesh Kumaran B.E. Associate – Patents, Intellectual Property Practice Introduction A mobile app is a computer program designed to run on mobile devices such as smartphones and tablet computers. Mobile apps are a significant part of modern day-to-day businesses. It acts as the part of bus...
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Hotel Maris, one of Chennai’s iconic hotels from the 70s, wins trade mark battle!
27 Julyin IPRHotel Maris had filed a suit for passing off against “HOTEL MAARIS GRAND” which was located at T. Nagar, Chennai, in 2015, on the ground that “HOTEL MAARIS GRAND” is almost identical to “Hotel Maris” and therefore capable of deceiving the public....
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HERO ELECTRICS V. LECTRO E-MOBILITY [1]: DELHI HIGH COURT AFFIRMS THE ARBITRABILITY OF IP DISPUTES IN PERSONAM:
12 Aprilin IPRIndiradevi 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 arbitr...
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EXPEDITED EXAMINATION AND PROCESSING OF TRADE MARK APPLICATIONS – A COMPARATIVE ANALYSIS
31 Januaryin IPRBalaji 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 o...
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Doctrine of Fair Dealing in Indian Copyright Law
02 Septemberin IPRBy Jai Vignesh K, Associate, IP Practice Introduction: Copyright is a branch of law that grants the creators (writers, musicians, artists and other creators) protection over their works. The Copyright Act defines it as an exclusive r...
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Direct Selling Business Model – Bane or Boon?
24 Marchin IPRAparna 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 ...
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ARTIFICIAL INTELLIGENCE (AI) & INTELLECTUAL PROPERTY
15 Marchin IPRBy D.Sai Meera, Senior Associate, IP Practice 1. Introduction Artificial intelligence (AI) is the ability of computers and machines to perform mental tasks commonly associated with humans, such as learning, reasoning and problem solving.1 AI is one of the emerging Front...
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AN ANALYSIS ON PROTECTION OF FILM TITLES UNDER TRADEMARK LAW
09 Februaryin IPRRAKSHANA. 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 ...
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Amul Dairy secures major win in a trademark infringement case in Federal Court of Canada
22 Octoberin IPRIn this article, we will study about the history of Amul, the case won before the Federal Court of Canada and the provisions governing trademark infringement. We will now have a look on the basic and brief introduction about AMUL....
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Agriculture and Intellectual Property Rights
03 Marchin IPRBy 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...
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A Case Study on Double Patenting: Astrazeneca AB & ANR. Vs. Intas Pharmaceuticals Limited
02 Novemberin IPRIn a recent Judgment by Delhi High Court on 20 July, 2021 in Astrazeneca Ab & Anr v. Intas Pharmaceuticals Ltd. the court held against Astrazeneca reaffirming that one product cannot be covered by more than one patent with some significant findings on double patenting....
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Case of Coca-Cola for Cancellation of US Trademarks based on“MISREPRESENTATION OF SOURCE” before the TTAB and CAFC
05 Septemberin IPRBy P. Saranya, Senior Associate, IP Practice INTRODUCTION: The concept of identifying the source of manufactured goods by its unique brand or trademark was an ancient practice but its importance in trade and commer...