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Blog

Featured in this section are a selection of articles on various topics, both of legal and non-legal nature.

SSIA

  • The Smart Hijack – Unimaginable Threats from Smart Devices

    There 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...

  • THE SKILL OF LEGAL WRITING

    A 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...

  • The new Indian Data Privacy Bill & its impact on business

    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 ...

  • The new face of 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...

  • THE IMPORTANCE OF RESEARCH IN LEGAL PRACTICE

    Legal 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...

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

    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. ...

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

    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 ...

  • Regulatory Moves on Digital Media

    The 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. ...

  • Quia Timet Action – Meaning and judicial developments regarding its scope

    Owners 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...

  • PURPOSE AND PROCEDURE FOR DRAFTING A FAMILY CONSTITUTION

    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 ...

  • PR Strategies For High Profile Litigations

    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 t...

  • LITIGATION FUNDING

    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 co...

  • Governance in family business during COVID-19

    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 busin...

  • First response: Computer Forensics

    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 evidenc...

  • 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 o...

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

    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 equita...

  • Digital Forensic Investigation Capabilities for first responders

    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, 20...

  • Corruption and Judiciary

    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 corrupti...

  • CONSTITUTIONAL TORT

    A 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....

  • CAREER OPPORTUNITIES FOR LAW GRADUATES

    A 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...

  • Big Data, Law & Regulating Big Data

    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 rat...

  • A vision for ‘Intelligence-led policing’ in India

    How 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

  • Sound Mark – Ring a bell?

    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 que...

  • PATENT LANDSCAPING

    By 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...

  • Merck Sharp and Dohme Corp. and Ors. Vs. SMS Pharmaceuticals Limited

    SMS 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....

  • Kerala vs Karnataka – Battle For An Abbreviation

    For 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....

  • Hotel Maris, one of Chennai’s iconic hotels from the 70s, wins trade mark battle!

    Hotel 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....

  • 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 arbitr...

  • 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 ...

  • Agriculture and Intellectual Property Rights

    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...

IPR NEWS

  • Whether the addition of “.com” to a generic term qualifies for trade mark protection?

    In 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...

  • IP NEWS WEEKLY UPDATE – 6 SEP 2021

    Zed 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...

  • IP News Weekly Update – 31 Aug 2021

    V 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...

  • IP News Weekly Update – 26-31 July 2021

    Trademark 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...

  • IP News Weekly Update – 14 Aug 2021

    Biscuit 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...

  • IP News Updates – July 28, 2021

    CJEU 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...

  • 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...

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

    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 A...

  • Can you be any cooler than Willis Carrier

    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 to...

  • Can the word ‘THE’ acquire trademark protection?

    The 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...

  • Can the Registrar of Trade Marks pass a non speaking order without communicating the grounds for refusal?

    Intellectual 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 &...

  • 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 ...

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

    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...

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