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 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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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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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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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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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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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...
IPR NEWS
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Whether the addition of “.com” to a generic term qualifies for trade mark protection?
22 Februaryin IPR NewsIn the year 2011, Booking.com, a travel and hotel accommodations company, filed four trade mark applications for Booking.com. The USPTO rejected the said applications on account of the mark being too generic, in the year 2016. The Lanham Act specifically prohibits the registration of generic trade m...
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Weekly IP News Report – 1st Week of July (01-Jul-2022 to 10-Jul-2022)
20 Julyin IPR NewsPS5 comes up with a new patent that can show the players “what if” scenarios based on choices they didn’t make This patent discloses what is basically a “what if” function, which could provide the players of the PS5 the ability to not only examine replays of their gaming but also view diff...
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National Conference on Intellectual Property for National Growth
05 Mayin IPR NewsInspite of growing awareness about the importance of intellectual property protection among corporates, practical information about what IP strategies and filings are best for corporate growth, remains low. The conference aimed at educating corporates on the various government schemes for MSMEs, Ind...
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IPR NEWS – WEEKLY UPDATES FROM 4TH SEP – 10TH SEP
26 Septemberin IPR NewsINVESTMENT FIRM METACAPITAL SUES META FOR INFRINGEMENT Investment firm Metacapital Management LP sued Meta Platforms Inc in Manhattan in federal court on Wednesday, alleging that the Facebook parent company’s use of the name “Meta” to provide financial services would cause customer confusi...
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IPR NEWS – WEEKLY UPDATES FROM 28TH AUG – 3RD SEP
23 Septemberin IPR NewsSONY MUSIC INITIATES COPYRIGHT INFRINGEMENT AND BREACH OF CONTRACT LAWSUIT AGAINST TRILLER Sony sued the platform seeking damages as the application failed to pay the license fees agreed upon back in March 2022 after which it considered that their deal was terminated. Whereas, the platform still all...
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IPR NEWS – WEEKLY UPDATES FROM 25TH JULY- 30TH JULY
16 Augustin IPR NewsMondelez India Foods Pvt Ltd And anr v. Neeraj Food Products Mondelez India Foods Private Limited (previously Cadbury India Ltd.) and Cadbury Schweppes Overseas Limited filed a suit against the defendant for trademark infringement of their product “CADBURY GEMS” or “GEMS”. The ...
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IPR NEWS – WEEKLY UPDATES FROM 21ST AUG – 26TH AUG
06 Septemberin IPR NewsALLAHABAD LAW AGENCY V. AMAZON RETAIL INDIA PVT. LTD. & ORS The plaintiff is a book publishing company and had filed a lawsuit seeking permanent injunction against third party sellers in the e-commerce website of the defendant. The plaintiff alleged that pirated versions of the book, “the Law ...
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IPR NEWS – WEEKLY UPDATES FROM 1ST AUG-6TH AUG
24 Augustin IPR NewsSpecial drive for disposal of IP Disputes Marking the 75th anniversary of India’s independence the Government of India has launched the ‘Azadi Ka Amrit Mahotsav’. As a part of the same, the Office of the Controller General of Patents, Designs & Trade Marks has taken an initiati...
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IPR NEWS – WEEKLY UPDATES FROM 17TH JULY- 23RD JULY
08 Augustin IPR NewsMarico Limited vs Dabur India Limited The Petitioner initiated a suit for infringement and disparagement in relation to the advertisement published by Dabur in various newspapers containing a disclaimer that implies that the Device/ Label mark of ‘Nihar’ which is a part of their advertisement be...
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IPR NEWS – WEEKLY UPDATES FROM 14TH AUG – 20TH AUG
05 Septemberin IPR NewsFLIPKART INTERNET PRIVATE LTD. v. STATE OF NCT OF DELHI & ANR. The respondent company Sanash Impex Pvt. Ltd have procured the authorized rights to sell the cosmetic products of a Czech based company ‘DC DERMACOL’ in India . A FIR was filed against Flipkart by the complainant for trademark in...
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IPR NEWS – WEEKLY UPDATES FROM 11TH SEP – 17TH SEP
30 Septemberin IPR NewsDIPALI SIKAND AND ORS v. SAMSUNG INDIA ELECTRONIC PRIVATE LIMITED AND ANR. A temporary injunction prohibiting Samsung India and one Story Experiences from using the trademark “CONCIERGE,” which is being used by the Concierge conglomerate made up of Lesconcierges Services Pvt. Ltd. and Cl...
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IPR NEWS – WEEKLY UPDATES FROM 11TH JULY- 16TH JULY
04 Augustin IPR NewsFranco Indian Pharmaceuticals vs Vatican Lifesciences Private On July 12, 2022, the High Court of Bombay held that in the case of rival marks where they are phonetically, structurally, aurally, and visually similar; in such a way that a mere cursory look at the rival marks brings out the overwhelmin...
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IP NEWS WEEKLY UPDATE – 9 FEB 2022
09 Februaryin IPR NewsMoonshine Technology Pvt Ltd v. Ticktok Games Pvt Ltd The Plaintiff initiated the suit against the defendant for the use of the mark ‘BAAZI’. The plaintiff claimed its marks containing the term BAAZI to be well- known and to have attained worldwide recognition. The Plaintiff alleged that the Def...
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IP NEWS WEEKLY UPDATE – 8 NOV 2021
08 Novemberin IPR NewsFinancial incentives for certification and Intellectual Property Rights reimbursement scheme notified by the Goa government This scheme of the government is part of the State Incentives to Encourage Investments Scheme, 2017 with an object to make the existing market more competitive and efficient bo...
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IP NEWS WEEKLY UPDATE – 8 DEC 2021
08 Decemberin IPR NewsUpGrad files trademark infringement suit against Scaler: A suit was filed before the Delhi HC against the EdTech company Scaler for using the brand name ‘upGrad’ through Google Ads to appear on top of the page on the Google Search Engine. The company has sought damages of more than 3 Crores. Pre...
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IP NEWS WEEKLY UPDATE – 7 OCT 2021
08 Octoberin IPR NewsPiaggio v. Peugot The Tribunal Judiciaire of Paris and Tribunale of Milan have found the control system which enables a three-wheeler to tilt like a regular two-wheeler employed by Peugeot Metropolis (Mahindra Group) to be infringing Piaggio Group’s patent and has banned Peugeot Motorcycles from p...
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IP NEWS WEEKLY UPDATE – 7 FEB 2022
08 Februaryin IPR NewsBragg Live Food Products sues National Fruit Product Company for Copyright and Trademark Infringement Bragg Live Food Products, a company specialized in providing organic food products, has accused the NFPC of copying its trade dress and infringement of trademarks and copyrights. Bragg states that i...
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IP NEWS WEEKLY UPDATE – 6 SEP 2021
06 Septemberin IPR NewsZed Lifestyle Pvt. Ltd. Vs. Hardhik Mukeshbhai Pansheriya The Plaintiff holds 18 registrations for the mark ‘BEARDO’ inclusive of Class 3. The Defendant holds registrations in Class 7 and 11 for the identical mark ‘BEARDO’ to which rectification proceedings are pending before the Trade Marks...
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IP NEWS WEEKLY UPDATE – 6 DEC 2021
06 Decemberin IPR NewsLord of the Rings’ Crypto Blocked under JRR Tolkien’s Trademark Violation: The ‘LORD OF THE RINGS’ Crypto Currency was created and promoted back in August 2021. According to the developer of the Crypto, the ‘JRR TOKEN’ is a tribute to the late author JRR Tolkien. The family members of th...
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IP News Weekly Update – 31 Aug 2021
31 Augustin IPR NewsV Guard Industries Ltd. Vs. Sukan Raj Jain and Anr – Delhi High Court The Plaintiff, a proprietor from Kerala manufactures and markets electrical goods under the mark ‘V-Guard’ across the country and furthermore has a subordinate (supply) office in Delhi. The Plaintiff instituted a trademark i...
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IP NEWS WEEKLY UPDATE – 30 OCT 2021
30 Octoberin IPR NewsDelhi High Court extends the deadline to submit comments on Delhi High Court Intellectual Property Rights Division Rules, 2021 The Hon’ble Chief Justice of Delhi High Court had announced the creation and functioning of a separate Intellectual Property Division which would solely deal with the IP m...
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IP NEWS WEEKLY UPDATE – 30 JUNE 2022
30 Junein IPR NewsIndia’s key achievements related to patent filings: The Union Minister of Commerce and Industry announced the key achievements that the country has been performing in relation to patent filings. The domestic patent filing has surpassed the international patent filing between the period of January ...
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IP NEWS WEEKLY UPDATE – 30 DEC 2021
03 Januaryin IPR NewsKyobo Life fined for letting subsidiaries use IPs for free The insurance company holds various forms of IPs including numerous trademarks and copyrights. The company was accused of letting their subsidiaries use the Kyobo brand without paying fees from 2016 to 2019. The South Korea’s financial...
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IP News Weekly Update – 26-31 July 2021
10 Augustin IPR NewsTrademark tiff on ‘Natural Ice creams’ The Plaintiff, Siddhant Icecreams LLP & Kamath Ourtimes Icecreams Pvt. Ltd. sued a Gujarat-based company and another for infringing the use of the term “Natural Ice Cream”. The Plaintiff is seeking damage and compensation of nearly 150 crore for i...
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IP NEWS WEEKLY UPDATE – 26 OCT 2021
26 Octoberin IPR NewsYouTube content strikes misuse of Copyright laws in India, claims Internet Freedom Foundation (IFF) The Indian Internet Freedom Foundation made a representation to Google India with relation to the recent rising number of YouTube Channel blocks in the country and claims that one major reason for con...
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IP NEWS WEEKLY UPDATE – 25 NOV 2021
25 Novemberin IPR NewsYouTube expands guidelines on Copyright infringement detection The number of takedowns of content due to Copyright strike has been increasing and it was also announced that YouTube is testing out new features which aim to provide more capacity to manage channel engagement, and more options to help c...
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IP NEWS WEEKLY UPDATE – 25 JAN 2022
25 Januaryin IPR NewsHuawei’s Trademark applications for ‘Petal Search’ rejected The company had applied for the Trademarks ‘PETAL SEARCH’ in relation to search engine services and providing localized search services based on user search habits. The search engine was launched back in 2020 and applications for ...
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IP NEWS WEEKLY UPDATE – 25 FEB 2022
15 Marchin IPR NewsNew York Stock Exchange Files Trademark Application for NFT Applications have been filed o trademark the term NYSE for usage of the mark as an NFT and the Stock Exchange is officially entering into the Crypto and NFT marketplace. The NYSE has announced that it has no immediate plans of launching a C...
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IP NEWS WEEKLY UPDATE – 21 SEP 2021
21 Septemberin IPR NewsProtection of the Aaj Tak trademark Delhi High Court granted an interim injunction to Living Media Limited, the parent company of the Aaj Tak brand and ordered Google and Facebook to block the four defendants and also extended its order to 25 different websites, carrying infringing brands. HonR...
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IP NEWS WEEKLY UPDATE – 21 DEC 2021
29 Decemberin IPR NewsFrance.com Inc v. French Republic The legal battle for the trade name and mark France.com commenced years back and presently, the US Supreme Court has ruled in favour of the Government. This trade name and mark was used since 1994 by a U.S. citizen and French expat and owns protections for the trade...
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IP NEWS WEEKLY UPDATE – 20 OCT 2021
20 Octoberin IPR NewsDelhi High Court circulates Intellectual Property Division (IPD) Rules, 2021 for inputs from the members of the Bar The Hon’ble Chief Justice of Delhi High Court had announced the creation and functioning of a separate Intellectual Property Division which would solely deal with the IP matters in J...
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IP NEWS WEEKLY UPDATE – 20 JAN 2022
24 Januaryin IPR NewsHT Media Ltd. v. Pooja Sharma & Ors Hindustan Times had approached the Delhi High Court seeking permanent injunction and damages for infringement of their Trademark, Trade Name and Copyrights against websites which were portraying to the general public that they were in some way associated with ...
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IP NEWS WEEKLY UPDATE – 14 FEB 2022
25 Februaryin IPR NewsMajor companies including McDonald’s filing Trademark Applications for the Metaverse Various major companies including Nike and Walmart had filed Trademark applications for virtual goods and services in the Metaverse. Presently, McD has filed for the registration of its marks in relation to virtua...
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IP News Weekly Update – 14 Aug 2021
14 Augustin IPR NewsBiscuit Battle Last year Britannia had taken ITC to court alleging that the latter’s product packaging “Sunfeast Farmlite 5-Seed Digestive” and “Sunfeast Farmlite Veda Digestive” were deceptively similar to Britannia products. Soon after the dispute, ITC modified its packaging and Br...
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IP NEWS WEEKLY UPDATE – 13 NOV 2021
13 Novemberin IPR NewsIncrease in Global IP Filings despite Economic shutdown due to the pandemic WIPO recently released its report on the annual IP filings. The reports show an increase in the filing activities especially in relation to trademark filings despite the effect of the pandemic on the economy. Most of the fil...
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IP NEWS WEEKLY UPDATE – 13 DEC 2021
13 Decemberin IPR NewsAbba v. Abba Mania: The pop group ‘ABBA’ sues a UK-based company that stages shows under the brand Abba Mania. This suit has been initiated by Polar Music International, the company that owns the Abba Group claiming that Abba Mania has been using the term ‘ABBA’ without the company’s prior...
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IP NEWS WEEKLY UPDATE – 12 JAN 2022
12 Januaryin IPR NewsAWS Music marks opposed by Amazon Amazon Technologies Inc. is opposing the registration of the mark “AWS MUSIC” claiming that the consumers are likely to be confused, mistaken, or deceived into believing that the goods offered under the newly applied AWS MUSIC mark are in some way endorsed by Am...
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IP NEWS WEEKLY UPDATE – 11 OCT 2021
11 Octoberin IPR NewsPatent (Amendment) Rules, 2021 notified and has come into force The Patent (Amendment) Rules, 2021 has been notified by the Department for Promotion of Industry and Internal Trade and has come into effect from 21 September, 2021. “Educational Institutions” have been inserted as a category of app...
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IP NEWS WEEKLY UPDATE – 04 JAN 2022
04 Januaryin IPR NewsBacardi & Co v. U.S. Patent and Trademark Office The company has sued the USPTO for allegedly violating the law by reviving a Cuban government entity’s trademark “Havana Club”. The legal battle between Bacardi and the Cuban entity was initiated by Bacardi and claim that they be...
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IP News Updates – July 28, 2021
28 JulyCJEU affirms Pirelli’s tyre groove trade mark The Court of Justice of the European Union (CJEU) has settled the long pending dispute between Pirelli & Yokohama as regards the validity of Pirelli’s tyre groove trade mark registered in Class 12 in respect of tyre products & related accesso...
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IP NEWS UPDATES -MAY 2022
09 Julyin IPR NewsUSPTO To Begin Issuing Electronic Trademark Registration Certificates On 2nd May, the USPTO announced via federal notice that, on June 7, 2022, the United States Patent and Trademark Office (USPTO) will start issuing electronic certificates of trademark registration. The electronic registration cert...
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IP NEWS UPDATES – JUNE 2022
14 Julyin IPR NewsOHIO STATE UNIVERSITY REGISTERS “THE” AS A TRADEMARK The term “THE” has been successfully registered by The Ohio State University in relation to apparel that the university wears during athletic activities. The United States Patent and Trademark Office (USPTO) initially ...
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Hindustan Unilever Limited Vs. Opposing Party
23 Aprilin IPR NewsAparna 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...
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COPYRIGHT AMENDMENT RULES, 2021; TRIBUNAL REFORMS ORDINANCE, 2021: AN OVERVIEW OF THE SHIFT IN THE IP REGIME
16 Junein IPR NewsOn 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 A...
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Can you be any cooler than Willis Carrier
11 Marchin IPR NewsWondering 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 to...
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Can the word ‘THE’ acquire trademark protection?
22 Februaryin IPR NewsThe Ohio State University from the state of Ohio filed a trademark application bearing the serial number 88571984 with the USPTO (United States Patents and Trademarks Office) in 2019 to seek protection of the word ‘THE’. The user date of the application dated back to the year 2005 and had been f...
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Can the Registrar of Trade Marks pass a non speaking order without communicating the grounds for refusal?
22 Februaryin IPR NewsIntellectual Property Attorneys Association v. The Controller General of Patents, Designs and Trademarks & Anr: The Intellectual Property Attorneys Association (hereinafter referred to as Petitioner), aggrieved by the non-speaking orders passed by the Controller General of Patents, Designs &...
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BigBasket vs. Daily Basket
02 Aprilin IPR NewsBigBasket 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 ...
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Are offences under Section 63 of the Copyright Act & Section 103 of the Trade Marks Act Bailable or Non-Bailable?
12 Marchin IPR NewsIn 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...