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December, 2022 | Khurana and Khurana
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Month: December 2022

Patent Application Refused By Deputy Controller Of Patents – Appealed – Remanded Back For Fresh Consideration By The Hon’ble Delhi High Court

FACTUAL BACKGROUND: In the matter of – N.V. SATHEESH MADAV & ANR. VS DEPUTY CONTROLLER OF PATENTS & DESIGNS (C.A.(COMM. IPD-PAT) 111/2022- A Patent Application for the product [A Bio-Bed for growing Vigna radiata (Linn) Wilczek plants] was filed in December, 2008 at the Delhi Patents Office along with ten provisional claims. A First Examination … Continue reading Patent Application Refused By Deputy Controller Of Patents – Appealed – Remanded Back For Fresh Consideration By The Hon’ble Delhi High Court

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Anti-Competitive Practices of Google – Umar Javeed v. Google LLC

INTRODUCTION One of the main prohibitions under the Competition Act, 2002 is abuse of dominant position under Section 4. If any enterprise performs any act which imposes unfair or discriminatory condition or price; limits or restricts sale of goods or services to meet the competition; indulges in practices which denies market access to competitors; uses … Continue reading Anti-Competitive Practices of Google – Umar Javeed v. Google LLC

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Copyright Infringement : Sony Pictures Seek Injunction Against Unauthorized Use

Copyright is an essentially important exclusive right giving only the company authority to make use of to whom such right is granted and any unauthorized use of the same would amount to infringement of the copyright. Copyright ensures protection for the work done by a person, restricting any other person to take credits for the … Continue reading Copyright Infringement : Sony Pictures Seek Injunction Against Unauthorized Use

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Trademarks Licensing and Franchising in Cambodia

Introduction With a continuous remarkable growth rate of 7.7% between 1995 and 2018, Cambodia’s economy is expanding quickly (World Bank, Cambodia Overview). Cambodia has changed from being categorised by the World Bank as a low-income country to a lower middle-income country over that time. A sizeable middle class had also grown, especially in Phnom Penh. … Continue reading Trademarks Licensing and Franchising in Cambodia

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The OTT Ordeal: An Analysis of the Telecommunication Bill, 2022

On 21st September, 2022, the Department of Telecommunications released the Draft Telecommunication Bill of 2022 (hereinafter referred to as the “Bill”) to replace three archaic legislations currently governing the telecom sector that are, the Wireless Telegraphy Act, 1933, the Indian Telegraph Act, 1885, and the Telegraph Wires (Unlawful Possession) Act, 1950. This draft bill seeks … Continue reading The OTT Ordeal: An Analysis of the Telecommunication Bill, 2022

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Judicial Administration of IP disputes in China

Introduction China has created and improved a contemporary IP system with Chinese characteristics during the past 40 years. In a number of areas, such as legislation, enforcement, and international exchanges and collaboration, it has made outstanding development and secured historic accomplishments. Strengthening IP rights protection is now widely acknowledged in China as the key to … Continue reading Judicial Administration of IP disputes in China

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Competition Law in Myanmar

Introduction There has been an appointment to the long-awaited Myanmar Competition Commission (Commission). The Union Government’s Notification 106/2018, which was published on October 31, 2018, named the Commission’s several members. [Images Sources : Shutterstock] This is the following stage in putting the Myanmar Competition Law 2015 (Law), which became effective in February 2017, into practise … Continue reading Competition Law in Myanmar

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Protection Of Traditional Cultural Expressions As Intellectual Property In Light Of The Movie “Kantara”

Introduction Traditional Cultural Expressions also known as an ‘expression of folkore’, refers to cultural identity which forms an integral part of the heritage of a community. These expressions are passed on from one generation to another, and may be in the form of music, dance, performances, narratives or any other artistic form.[1]Traditional Cultural Expressions (TCE) … Continue reading Protection Of Traditional Cultural Expressions As Intellectual Property In Light Of The Movie “Kantara”

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A Legal Tussle Between Audiobooks And Audio Summary : A Critical Analysis

INTRODUCTION Copyright is an integral part of the Intellectual Property Right regime in today’s era. Copyright gives an exclusive right to the creator of any literary, artistic or dramatic work etc. once it has been put in tangible form by the owner. An exclusive right for usage is given to the first owner[1] under which … Continue reading A Legal Tussle Between Audiobooks And Audio Summary : A Critical Analysis

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Legal Action Against Kantara’s “Varaha Roopam”: What Did the Courts Say?

ABSTRACT [Image Sources : India Today] In 2022, a Kannada action-drama film named “Kantara” written and directed by Rishab Shetty and produced under the banner of Hombale films received huge box office success and was acclaimed by critics all over the country. However, soon after its release on 30th September, the blockbuster film was subjected … Continue reading Legal Action Against Kantara’s “Varaha Roopam”: What Did the Courts Say?

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