Month: December 2021

The Taste of India Prevails in Canada

INTRODUCTION The case of Kaira District Co-operative Milk Producers’ Union Limited (“Kaira”) and Gujarat Cooperative Milk Marketing Federation Ltd. (“Gujarat”) v. Amul Canada, Mohit Rana, Akash Ghosh, Chandu Das, and Patel is the first-ever victory seen by AMUL on the foreign soil. One of India’s prominent dairy giants – AMUL had to take a rough … Continue reading The Taste of India Prevails in Canada

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IP Waiver and Its Applicability in The Contemporary Times: Part II

INTRODUCTION As discussed in part I of the blog, an IP waiver “removes” intellectual property protection for a limited time. India and South Africa had come up with an initiative that proposes that countries have the option of not applying patents and other intellectual property related to health products and technologies, such as therapeutics, diagnostics, … Continue reading IP Waiver and Its Applicability in The Contemporary Times: Part II

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IP Waiver and Its Applicability in The Contemporary Times: Part I

INTRODUCTION Intellectual Property Rights vest with the owner of any intellectual property. Intellectual property includes any property which comes out as a creation of the human mind. It could involve the biggest invention or any innovation done to solve a problem prevailing in society. These rights are provided to the inventor in many different forms … Continue reading IP Waiver and Its Applicability in The Contemporary Times: Part I

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Supreme Court Erases Legal Cavity in Section 37 Appeals under Arbitration Act

On 19 March 2021, A three-judge bench of Justices RF Nariman, BR Gavai, and Hrishikesh Roy, in the case of Government Of Maharashtra Vs Borse Brothers EngineersPvt. Ltd explicated the law regarding condonation of delay in filing of appeals falling under section 37 of the Arbitration and Conciliation Act, 1996. Overturning its earlier decision in … Continue reading Supreme Court Erases Legal Cavity in Section 37 Appeals under Arbitration Act

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The Model Tenancy Act, 2021: Resolution of Tenancy Disputes

History of Rent Control Laws in India Rent Control Acts were first introduced by the USA and other countries to monitor the uninhibited increase in rent and tenant eviction. In India, the first-ever Rent Control Act was the Bombay Rent (War Restrictions) Act, 1918 (“the 1918 Act”) enacted in the foreground of World War I … Continue reading The Model Tenancy Act, 2021: Resolution of Tenancy Disputes

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Note on CCI’s Report on the Pharmaceutical Sector

Key findings and observations from a market analysis conducted by the Competition Commission of India (CCI) were revealed on November 18, 2021. There are many components of the study, including trade margins, disputes between online and offline distributors, trade associations, and modes of distribution, that are examined. To date, there have been 43 complaints about … Continue reading Note on CCI’s Report on the Pharmaceutical Sector

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Scope Of NCLT & NCLAT’s Powers Under Section 7 Of IBC, 2016

INTRODUCTION The NCLT was established under Section 408 of the Companies Act, 2013 18 of 2013 w.e.f 01st June 2016 to exercise and discharge all duties and functions conferred on it by or under this Act or any other law in force at the time. The IBC’s institutional foundation called for the creation of a … Continue reading Scope Of NCLT & NCLAT’s Powers Under Section 7 Of IBC, 2016

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Liabilities of an Infringer in an Infringement Suit: A Case Analysis

Introduction: In the recent judgment of the Delhi High Court dated 13th December 2021, it was observed that “When an infringer seeks to defend patent infringement on the ground that the patent is invalid, the onus to prove the invalidity of patent lies heavily on an infringer and this standard has to be met when … Continue reading Liabilities of an Infringer in an Infringement Suit: A Case Analysis

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Cybersquatting & Regulatory Mechanisms

Cyber Squatting is a word that has come to be linked with the registration of domain names without the objective of using them, in the names of popular brands or personalities exclusively for the purpose of making money. The crux is that “name” belongs more appropriately to another entity. Secondly, the registrant is targeting to … Continue reading Cybersquatting & Regulatory Mechanisms

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Virtual Gaming in India – A Legal Enigma

People of all ages play games for their amusement and recreational value all across the world. In recent months, India’s online gaming business has been humming with activity. With technical and digital improvements, India’s gaming sector has undergone a fundamental shift. Given India’s largely youthful population and the widespread availability of cellphones and internet access … Continue reading Virtual Gaming in India – A Legal Enigma

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