What is the difference between a Prior Use of a Trademark as opposed to Prior Registration of a Trademark? The Intellectual Property Appellate Board (hereinafter referred to as “the IPAB”) has scrutinized one of the most discussed issues of prior use and prior registration under the trademark law. In the case of Mandom Corporation v. … Continue reading Prior Use V. Prior Registration: Trademark Law

The pandemic has served as an incentive for financial criminals to take advantage of online transactions and threat the economic as well as financial stability of countries across the world. With the stemming financial crime post Covid, numerous challenges were faced in both intra-state and inter-state policy formulation to deal with these threats. This article … Continue reading Increasing Global Financial Crime in the post-covid era

The National Company Law Tribunal and the National Company Law Appellate Tribunal has traditionally held that it is mandatory for the Corporate Insolvency Resolution Process(CIRP) to be initiated once the existence of a debt has been established under Section 7(5) of the Insolvency and Bankruptcy Code, 2016. There was no separate interpretation of Section 7(5) … Continue reading Discretionary power of the Adjudicating Authority to reject CIRP applications under Section 7(5)(a) of the IBC

The evolution of technology has occurred over many years and will continue in the future. The world’s dynamic has shifted away from computers the size of a large room and toward nanoscale technology. This is known as nanotechnology, and it involves the study and manipulation of matter with dimensions of 100 m or less. Nanotechnology … Continue reading Applicability of Intellectual Property Rights on Nanotechnology & Its Relevance in the Indian Context

Legally speaking, the automatic protection of creative artistic, theatrical, musical, and literary works is referred to as copyright. Infringement of copyright happens when a third party infringes on the rights of the copyright holder by utilising the copyright holder’s work without the copyright holder’s consent. IP owners often face the difficult decision of whether to pursue … Continue reading Infringement of Copyright: Will giving Intellectual Property Rights a Criminal Connotation Combat Freedom of Speech?

With digital technology being ubiquitous it has become core of modern economics especially in this pandemic ridden world. Digital networking once a luxury has established itself into an existential necessity. Owing to government efforts for making India digitally able and ever increasing data user base, in 2021 alone India recorded 624 million with the rate … Continue reading Antitrust Laws In The OTT Regime – Old Wine In A New Bottle

Antitrust law thrives to protect market from any kind of distortions occurring due to corrupt business practices. It also promotes competition between different players in the market in order to benefit the consumers and also economy as a whole by keeping monopoly at bay. Today the sports have become a global phenomenon, with the advent … Continue reading Antitrust Aspect of Sports Broadcasting Rights

When the pandemic forced billions of people indoors, it gave an impetus to those envisioning a metaverse. As the metaverse has grown in popularity, corporations have commenced filing fresh trademark applications for the virtual counterparts of products they already provide in the real world. This article discusses some recent instances of this observable trend, and … Continue reading The Utility of Metaverse Trademarks

The jurisdiction of the courts in cases of trademark infringement has been a moot point till now with various facets of IP infringements revealing due to social and technological advancements. With the rise of transactions on the e-commerce platforms and online shopping, the courts have tried to confer the territorial jurisdiction on the competent courts … Continue reading Uncoiling the ‘Serpent’: A Case Comment of Bulgari Spa v. Notandas Gems

The Arbitration and Conciliation Act, 1996 allows arbitral tribunals to award interest on the money payable under an award, running from the date on which to the cause of action arose, to the date on which the award was made. The Act also empowers tribunals to award post-award interest, which accrues until the award has … Continue reading The True Final Word on Compound Interest in Arbitral Awards?

The right to sue for infringement of his mark is the most significant right conferred upon a registered proprietor by the Trade Marks Act, 1999 (Hereinafter, “TM Act”). However, can one registered proprietor claim the exclusive right to use a trademark against another proprietor who has obtained a registration for an identical or very similar … Continue reading Trademark Infringement by the Registered Proprietor of an Identical or Similar Mark

The EU is currently one of Vietnam’s leading partners in trade with two-way turnover in 2019 reaching 56.45 billion USD, of which the exports reached nearly 41.5 billion USD and imports from the EU have reached nearly 14.9 billion USD. The commitments on intellectual property between the 2 sides have met the needs and expectations … Continue reading EVFTA Agreement