LIBRARY

Oct 13

SEBI amends the Securities and Exchange Board of India (Foreign Venture Capital Investors) Regulations, 2000

A Foreign Venture Capital Investor (FVCI) is a financial institution registered with SEBI and incorporated and established outside India....

Oct 13

RBI Asset Reconstruction Companies (ARC) Circular

RBI has issued guidelines vide its circular, which shall be applicable to all Asset Reconstruction Companies [ARC] : ...

Oct 10

Beyond Allegations: The Court's Clarity on Design Infringement and Trade Variants

The plaintiff, filed an interim application before the Bombay High Court against the Defendant, seeking temporary injunction, restraining...

Oct 1

SC: Where several instruments are executed for completing a transaction, the principal instrument alone shall be chargeable with duty

The Apex Court discussed the legal rule of discerning the real and true meaning of the instrument by ascertaining the intention of the...

Sep 30

Delhi High Court frustrates 'Fait Accompli'

“ This is one of the worst instances of abuse of the legal process, in commercial litigation, that this Court has had the misfortune...

Sep 23

A note on the concept of ‘Well-known’ trademarks in India

Understanding Well-Known trademarks in India: Recognition, Protection and Benefits The Trademarks Act, 1999, defines a well-known...

Sep 4

Delhi High Court: Arbitral award is not vitiated when the High Court appoints an arbitrator in an International Commercial Arbitration as per the arbitration agreement

In its recent judgement in Hala Kamel Zabal and Ors. v. Arya Trading Ltd. and Ors .[ 1] , a Single Judge Bench of the Delhi High Court...

Aug 28

Strengthening Accountability: The Delhi High Court's Landmark Decision on Patent Agents' Conduct and the Need for Regulatory Reform

There have been debates and court room comments on the conduct of Patent Agents over the few years since the IP division has started...

Aug 23

BNSS OR CRPC – A hitherto vexed question

From July 1, 2024, the provisions of new criminal code under the nomenclature Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) has come...

Aug 22

DD- Fact: Our indigenous IP portfolio management and tracking software

DDfact is an indigenous cloud-based IP portfolio management site that provides comprehensive solutions for tracking critical deadlines...

Aug 19

Limited rights to the Patentee? Is the twenty years patent term, ultra vires to the Constitution? Calcutta High Court clarifies in a Writ Appeal

It is rare to witness a writ petition challenging a statute. The case under discussion challenged a statue under the Patents Act, 1970. ...

Jul 2

Setting the Stage: European Artificial Intelligence Act 2024 Draws Global Attention

ORIGIN: Since 2016, many AI ethics guidelines have been published to maintain social control over the technology. Artificial intelligence...

Jul 2

Delhi High Court rejects Google LLC appeal against The Controller of Patents

In its recent judgment, the Delhi High Court dismissed an appeal filed by Google LLC (Hereinafter referred as the Appellant) challenging...

Jul 2

Alleged Patent Infringement by a commercial rival cannot raise the please of public interest

Boehringer Ingelheim International GmbH and Boehringer Ingelheim (India) Pvt. Ltd., the plaintiffs, who hold Indian Patent No. 268846 for...

Jul 2

Suit for specific performance although within limitation may not be decreed for reasons of delay

By way of the present judgement in Rajesh Kumar Vs Anand Kumar & Ors. (Civil Appeal No. 7840 Of 2023), the Apex court touched upon a...

Jul 2

Decoding the role of claim construction in adjudicating patent infringement suits

In a recent case before the Delhi High Court, the court rejected the plaintiff’s application for an interim injunction for...

Jul 2

The quandary of Sec 124 of the Trademark Act, 1999, resolved by Delhi High Court

In India, trademark related proceedings and their respective procedure are governed by the Trade Marks Act, 1999. This Act is a complete...

Jul 2

Drug Patents and their evergreening conundrum

Hyderabad-based Natco Pharma Ltd (Appellant) has recently been granted interim relief by the Division Bench of the Delhi High Court in a...

Jul 2

Supreme Court: Non-compliance of the statutory provisions by the Bank while conducting auction sale can cause the sale in question to be set aside

In a recent case before the Supreme Court, the Court set aside the auction sale as the bank did not follow the prescribed mandatory...

Jul 2

Serious errors and wrongful interpretation of contract, by a Arbitral Tribunal is a violation of the fundamental policy and violation of the principles of natural justice

On 8th April 2024, the Delhi High Court, in a case between National Highway Authority of India V/s M/s Ssangyong Engineering And...

Jul 2

Supreme Court: In Insurance, the principle of ‘good faith’ imposes meaningful reciprocal duties owed by the insured to the insurer and vice versa

In a civil appeal before the Supreme Court, the court inter alia discussed what constitutes a material fact and the relevance of...

May 1

Could discontinuation of a divisional application impact the enforceability of its parent patent?

The Delhi High Court granted an interim injunction to Novartis AG [Plaintiff] against Natco Pharma Ltd., [Defendant] in a patent...

May 1

Supreme Court: The Companies Act supersedes the Stamp Act for the purpose of stamping of the Articles of Association of a company

Brief background of the case: In 1992, the Respondent company increased its share capital and accordingly paid the stamp duty as per...

May 1

Supreme Court answers whether the period of limitation for filing execution petition is 3 years or 12 years

Background of the case: The Appellant (hereinafter “Plaintiff”) filed a suit against the Respondents (hereinafter “Defendants”) which...