Month: July 2019

Cross-Examination Practices During Intellectual Property (IP) Litigation – Part I

Introduction – Examination of witnesses or cross-examination has always been a favourite topic for books and screenplays. A downside of this extravaganza, which involves sharp-witted questioning, nail-biting suspense and awe laden voice modulations, is the fact that most of them are written to support criminal litigation, backdropping a story. Hence, more often than not, in … Continue reading Cross-Examination Practices During Intellectual Property (IP) Litigation – Part I

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Importance of Design as an IPR

An industrial design may constitute the ornamental or aesthetic aspect of an article. It may consist of 3-D features such as the shape of an article, or 2-D features, such as patterns, lines or color.[1] India has seen the evolution of design as an important fragment of the intellectual property family in protecting the aesthetic … Continue reading Importance of Design as an IPR

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IBC (Insolvency and Bankruptcy Code, 2016) – The Bankruptcy Law of India

It is better to have one codified legislation than multiple to deal with the aspects of a company which can have a singular umbrella. This is the exact rationale for the existence of The Insolvency and Bankruptcy Code in India which has been into effect since 2016. IBC came into being repealing SICA (Sick Industrial … Continue reading IBC (Insolvency and Bankruptcy Code, 2016) – The Bankruptcy Law of India

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Pepsico Vs Farmers ( A Case of Misplaced Priorities or Possibility of Laying Down A News Precedent?)

Introduction: Recently, a big controversy caught everyone‘s attention, when corporate behemoth PepsiCo was in the news for suing some farmers in Gujarat, India, for cultivating a variety of potato that the multinational claimed was its own. The controversy evoked strong reactions from politicians, farmers and activists alike. This article shall discuss the proverbial David v. … Continue reading Pepsico Vs Farmers ( A Case of Misplaced Priorities or Possibility of Laying Down A News Precedent?)

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Vesuvius India Ltd. vs. Fenace Auto Ltd.

The existence of I&B Code has systemized the process of insolvency but in this process, there is no statement as to differentiation among the different creditors while repaying the debt. The recent tiff witnessed has been between the two companies “Vesuvius India Ltd.” and “Fenace Auto Ltd.” FACTS OF THE CASE: A company petition was … Continue reading Vesuvius India Ltd. vs. Fenace Auto Ltd.

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Amtek Auto Ltd. Restarts Insolvency Proceedings- Did Liberty House escape the Liability?

IBC encompasses the provision of an early insolvency process, the process for insolvency of a company which can be initiated at the time when an alarm is raised as to the default in repayment of loans by the Company. The provision is a boon to the creditors as they can claim for a resolution for … Continue reading Amtek Auto Ltd. Restarts Insolvency Proceedings- Did Liberty House escape the Liability?

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Entrusting Legal Personality to Animals: The Story begins here!

Amidst a society of humans what humans often forget to do is to behave humanly. We as human being the most powerful species living are the ones to decide that sentience and a legal personality should only be our right. We have taken an undue advantage on being the superior ones and have acted noting … Continue reading Entrusting Legal Personality to Animals: The Story begins here!

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A study on: Novartis AG V. Union of India

Introduction: Intellectual property is an intangible form of property while a ‘Patent’ is a subset of intellectual property. Granting of a patent provides a statutory right by the state to the inventor of the invention to exclude others from making, using, or selling their invention for the limited duration of 20 years. The judgment given … Continue reading A study on: Novartis AG V. Union of India

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Foreign Trademark Applicants to be represented by U.S. licensed Attorneys

A new rule has been announced by the United States Patent and Trademark Office (USPTO) requiring that any foreigner who applies for trademark registration or appears before a Trademark Trial and Appeal Board in the United States can only be represented by a lawyer who is licensed to practice in the United States. This rule … Continue reading Foreign Trademark Applicants to be represented by U.S. licensed Attorneys

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NCLAT directs NCLT to decide on the insolvency plea filed by ICICI Bank against Jaiprakash Associates

NCLAT directs NCLT to decide on the insolvency plea filed by ICICI Bank against Jaiprakash Associates Any person aggrieved by the order of NCLT can file a further appeal on any Question of Law and Fact within 45 Days to NCLAT and any person aggrieved by the order of NCLAT then appeal on Question of … Continue reading NCLAT directs NCLT to decide on the insolvency plea filed by ICICI Bank against Jaiprakash Associates

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