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June, 2023 | Khurana and Khurana
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Month: June 2023

Another Win for Novartis


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Introduction It has been contended by the Pharma major that it is the patentee of the two tablets under the brand ‘Vymada’ in India. The plaintiff, Novartis was represented through advocate Mamta Jha and the primary bone of contention was to obtain a restraining order against the defendants. Moreover, the amount of time and efforts … Continue reading Another Win for Novartis

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Understanding the significance of a Non-Disclosure Agreement in the Entertainment Industry

Introduction The entertainment industry flourishes on originality, innovation, and one’s ability to captivate the audience. It consists of numerous organizations and individuals, including actors, record labels, production companies, musicians, etc. To secure the interests of these individuals and the organizations involved, it is essential to maintain confidentiality and protect sensitive information. Consequently, Non-Disclosure Agreements (NDAs) … Continue reading Understanding the significance of a Non-Disclosure Agreement in the Entertainment Industry

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Unstamped Arbitartion Agreements Are Not Enforceable By Law

Introduction By a majority ruling in the matter of M/s. N.N. Global Mercantile Private Limited v. M/s. Indo Unique Flame Ltd. & Ors.[i], a Constitution Bench of the Supreme Court held that an arbitration agreement which is eligible for stamp duty, if not stamped, is not enforceable by law. However, the minority ruling addressed the … Continue reading Unstamped Arbitartion Agreements Are Not Enforceable By Law

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Intermediaries And Their Liabilities: Analysis Of Christian Louboutin Vs Nakul Bajaj

Introduction The advent of e-commerce has revolutionized the way people shop and conduct business. With the ease of online transactions, e-commerce platforms have become an integral part of our daily lives. However, with the rise of e-commerce, trademark infringement issues have also arisen. In India, the e-commerce industry is booming, and the government has implemented … Continue reading Intermediaries And Their Liabilities: Analysis Of Christian Louboutin Vs Nakul Bajaj

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Examining the Extent of Interim Reliefs under Section 9 Following the Commencement of Arbitration Proceeding

Introduction Arbitration, recognized for its efficiency in resolving disputes, offers a streamlined alternative to lengthy court litigation. However, there are instances where urgent matters require prompt action to prevent irreparable harm to parties involved in the dispute. In such circumstances, interim reliefs play a critical role by providing temporary remedies and injunctions to address immediate … Continue reading Examining the Extent of Interim Reliefs under Section 9 Following the Commencement of Arbitration Proceeding

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Protection of Plant Varieties and Farmers’ Rights in India– An Analysis

Introduction  In the Indian subcontinent, farming as a profession has the utmost respect in society. Apart from the various bundles of corporeal rights farmers hold, the Protection of Plant Varieties and Farmers’ Rights Act, 2001 gives them incorporeal rights to their crop and production. The Act is wide and unique in terms of the rights it … Continue reading Protection of Plant Varieties and Farmers’ Rights in India– An Analysis

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Bombay High Court Allows Release Of The Film “I Love You” Pending Reply By The Defendants

“I love you” is a Hindi movie that is directed by Nikhil Mahajan which is set to be released on 16 June, 2023 on Viacom 18’s OTT platform. The plaintiff, Lions Gate India LLP through their counsel filed an interim application no. 15729 of 2023 in Commercial IP Suit no. 15713 of 2023 seeking an … Continue reading Bombay High Court Allows Release Of The Film “I Love You” Pending Reply By The Defendants

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Rachna Sagar Vs Sovereign Mercantile Trademark Dispute

The ongoing legal dispute between Rachna Sagar Pvt. Ltd. (Plaintiff) and Sovereign Mercantile Pvt. Ltd. & Ors. (Defendant) has highlighted significant issues in the trademark act, specifically with Sections 103 and 104, which outline the penalties for trademark infringement. Particularly the manner in which problems were caused upon a prior user owing to a fraudulent … Continue reading Rachna Sagar Vs Sovereign Mercantile Trademark Dispute

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Legality of Surrogacy in India: Everything You Need to Know

Introduction  Surrogacy, in simpler terms, is a legal arrangement between parents intending to have a child and the surrogate mother. In India, surrogacy is an accepted practice in society and it also finds mention in mythological texts such as the Mahabharata.[i] Medical reasons or medical threats to the body of the intended mother are the … Continue reading Legality of Surrogacy in India: Everything You Need to Know

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Changes To The Mode Of Hearing Patent Applications Online

The Indian Government is working to improve the ease of doing business with the objective of converting India into a global innovation hub. A robust intellectual property rights regime is necessary to achieve this objective. The Ministry of Commerce and Industry along with the Office of Controller General of Patents, Design and Trademark has introduced … Continue reading Changes To The Mode Of Hearing Patent Applications Online

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