Month: June 2019

Vertical Overlaps in Merger Control

Introduction Indian Competition Law permits the Competition Commission (CCI) to consider the nature and extent of Vertical Integration in the market, in order to determine whether a combination will (or would be likely to) cause an Appreciable Adverse Effect on Competition (AAEC).[1]In this article, we discuss the compliance and reporting requirements applicable to parties to … Continue reading Vertical Overlaps in Merger Control

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Dhanpat Seth And Others Versus M/S Nilkamal Plastic Ltd.

Recently in 2018, the Himachal Pradesh High Court passed a judgement revoking a patent granted for a device used for manually hauling of agricultural produce. The judgement has been a landmark for subjects involving both infringements as well as revocation of patents. Facts of the Case The plaintiffs filed a suit against the defendants for … Continue reading Dhanpat Seth And Others Versus M/S Nilkamal Plastic Ltd.

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Vior (International) Ltd. and Ors. v. Maxycon Health Care Private Limited and Ors.

In 2018, the Delhi High Court in the case of Vior (International) Ltd. and Ors.vs. Maxycon Health Care Private Limited and Ors., the Delhi High Court pronounced a judgement holding that the right of the Plaintiffs was violated by the defendants and that the same amounts to infringement. Reliefs were granted to the plaintiffs under … Continue reading Vior (International) Ltd. and Ors. v. Maxycon Health Care Private Limited and Ors.

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Pradeep Sharma & Anr v. UPL Ltd.

This is a judgement by the Delhi High Court in April 2018 where the plaintiff sued the defendants alleging that their patents were being infringed by the defendant. The plaintiff (UPL Ltd.) was granted 3 patents: IN 206130: “a chemically stable synergistic herbicidal composition” (a product patent) IN 194225: “a process of preparing a chemically … Continue reading Pradeep Sharma & Anr v. UPL Ltd.

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Ajay Ganesh Ubale & Others Versus Big Synergy Media Limited & Others

The plaintiff was the owner of Indian Patent No. 193801 titled “Apparatus for Playing a Quiz Game” which was granted on 9th October 2000 and valid till 8th October 2020. There are 4 defendants. Defendants 1, 2 & 3 are interrelated and were responsible for the broadcast of the television show, “Kaun Banga Crorepati”. Defendant … Continue reading Ajay Ganesh Ubale & Others Versus Big Synergy Media Limited & Others

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Shoe Branding Europe V. Adidas: Case History

Introduction of  Companies involved in the dispute  Shoe Branding Europe BVBA is a Belgian footwear company and wants to register it’s 2 stripe logo as a trademark. Adidas has its roots in Germany but now it’s a global company dealing in Sportswear. Adidas has a 3 stripes logo to differentiate its product from other products … Continue reading Shoe Branding Europe V. Adidas: Case History

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Biggest Threat To Intellectual Property: Counterfeiting With Special Focus On Fashion Industry

IP rights are proprietary rights granted to protect original products of creation. They are intended to encourage and reward creativity and fair competition in the marketplace. IP rights can be relied upon to prevent others from using one’s trademark, patented invention, copyright work, or design without consent. IP is territorial in nature and exists for … Continue reading Biggest Threat To Intellectual Property: Counterfeiting With Special Focus On Fashion Industry

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Architect Has No Right To Object The Demolition Of Building

Case: Raj Rewal Vs. Union of India & Ors. CS(COMM) 3/2018, IA No.90/2018(u/O XXXIX R-1&2 CPC) & IA No.92/2018 (u/s 80(2) CPC Facts of the Case:  Mr. Raj Rewal is a renowned Architect in India who has been in practice for the last 35 years and has designed several prestigious structures in countries like Iran, … Continue reading Architect Has No Right To Object The Demolition Of Building

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Khurana & Khurana Opens (Chennai) Office

Khurana and Khurana, Advocates & IP Attorneys (K&K) who  critically focus on a broad range of  technology consulting and IP research services spanning all stages of IP procurement, Management and enforcement,  are pleased to announce that the firm [K&K] is increasing its demographic presence in India through the opening of their 9th branch Office in … Continue reading Khurana & Khurana Opens (Chennai) Office

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Patent Revocation Through Counterclaims: Trends And Practices In India

We at Khurana & Khurana, have received numerous queries regarding the filing of counterclaims to evoke revocation of patents in India. To address the same, Utkarsh Mishra & Abhijeet, our interns have analyzed a few exemplary judgments to make the trend and the position clear with respect to such revocations. It is pertinent to mention … Continue reading Patent Revocation Through Counterclaims: Trends And Practices In India

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