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February, 2021 | Khurana and Khurana

Month: February 2021

The Case of Anivar A Aravind Vs Ministry of Home Affair & Others

Introduction Recently, the Karnataka High Court passed an interim order on 27th January 2021, by which it prohibited the Government of India and National Informatics Centre (NIC) from sharing the health data of citizens without their informed consent. The court observed that sharing the responses of the users of the Aarogya Setu app without their … Continue reading The Case of Anivar A Aravind Vs Ministry of Home Affair & Others

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Kirti & Anr vs Oriental Insurance Company: Supreme Court Granted Future Prospects in Case of Notional Income

In the recent case passed by the three-judge bench of the Supreme Court on 5 January 2021, the court granted future prospects even in cases of national income. Brief Facts of the Case: The present civil appeal was filed by the three surviving dependents of the two deceased in which they have challenged the judgment … Continue reading Kirti & Anr vs Oriental Insurance Company: Supreme Court Granted Future Prospects in Case of Notional Income

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The Curious Case of E-Commerce Models in India

Prefatory The year 1991 has been a game-changer for India; however, nothing has remained the same ever since. The introduction of ‘E-commerce’ in India not only changed the way how people buy products but also contrived a critical situation for brick and mortar stores that follow the traditional routine of buying and selling. According to … Continue reading The Curious Case of E-Commerce Models in India

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Dishonour of Blank Cheque Attracts Presumption under S/139 of Negotiable Instruments Act, 1881

This appeal was filed by the Appellant against the judgment dated 09.11.2017 of the Madras High court where the High Court has reversed the order of acquittal passed by the judicial magistrate, Tirupur court. The brief fact of the case is that the Appellant in the above case issued a blank signed cheque bearing no. … Continue reading Dishonour of Blank Cheque Attracts Presumption under S/139 of Negotiable Instruments Act, 1881

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Legal and Ethical Issues Faced By the Start-Ups in India

Introduction Start-ups are small growing companies founded by one or more entrepreneurs, they are at their initial stage of operation with a limited amount of capital and limited experience. The government of India has taken several initiatives to encourage the growth of start-ups in order to promote entrepreneurship and employment by providing easier IPR facilitation, … Continue reading Legal and Ethical Issues Faced By the Start-Ups in India

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Clubbing Of Tax Evasion under GST: An Innovative Way to Trigger Arrest Provisions

The Bombay High Court vide its judgment dated 08.02.2021, has raised a new question instead of delivering an answer to the correct and firm interpretation of the legislation. In the case of Yogesh Jagdish Kanodia v. The State of Maharashtra & Anr., the primary issue before the Hon’ble High Court was to deal with the … Continue reading Clubbing Of Tax Evasion under GST: An Innovative Way to Trigger Arrest Provisions

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A Brief of the Design (Amendment) Rules, 2021

On June 7, 2019, in a historic move, India sent its instruments of accession to the Nice Agreement, Vienna Agreement, and the Locarno Agreement. The Nice and the Vienna Agreement are treaties that concern themselves with the International Classification of Trademarks, the Locarno Agreement Establishes an International Classification for Industrial Designs. Although, India followed these … Continue reading A Brief of the Design (Amendment) Rules, 2021

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Support for IPRs, Quality Testing & Certification for Start-ups in Maharashtra

The Maharashtra State Innovation Society has launched the Intellectual Property Rights Scheme and the Quality Testing & Certification Scheme in a bid to boost the start-up ecosystem and generate employment in the state. The schemes aim at providing financial assistance to upcoming start-ups for quality testing, certifications, and registration of IPRs.  The Maharashtra State Innovation … Continue reading Support for IPRs, Quality Testing & Certification for Start-ups in Maharashtra

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Design Protection of Graphical User Interfaces (GUIs)

GUI (Graphical User Interface) often pronounced as “gooey” is the interactive and visual component for computers and electronic devices. A GUI dictates and facilitates the use of icons, windows, menus, screen-layouts, drop-downs, and all sorts of interactive components of an operating system. Over the years, GUIs have driven the software industry with new attractions and … Continue reading Design Protection of Graphical User Interfaces (GUIs)

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Application for Declaration of Invalidity Rejected at EUIPO

The European Union Intellectual Property Office (EUIPO) rejected an Application for Declaration of Invalidity filed against the Registered Community Design of our Client. Our Client, Classik International, is a Partnership Firm based in Nashik, Maharashtra, and primarily deals in pet apparel, clothes, and other pet products. They had a design for “Clothing of Pets” registered … Continue reading Application for Declaration of Invalidity Rejected at EUIPO

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