Introduction Data Protection laws provide a set of laws that deal with the matters related to privacy, policies, and procedures and it is imperative for the protection of one’s privacy and regulating its collection, storage, and dissemination. Currently, there is no express legislation in India that lays down proper guidelines for data protection. The Information … Continue reading Data Protection Bill, 2021 & The Joint Parliamentary Committee Report: Key Changes

Introduction: Have you ever wondered if a bottle shape may be trademarked? Typically, The Designs Act, 2000 protects these aesthetic appearances and establishes the essential specifications that are deemed to be the conditions for a design’s registration under the Design Act, 2000. The shape of bottles, on the other hand, is regarded as distinctive and … Continue reading Can A Passing-Off Action Be Filed Against The Infringement Of Shape Of A Good? A Case Analysis

INTRODUCTION: In many nations, comparative advertising is a common form of commercial advertising. The word “comparative advertisement” refers to a comparison of an advertiser’s goods and services to those of a competitor. The goal of comparative advertising is threefold: to raise public awareness through honest comparison, to promote the brand, and to increase market sales. … Continue reading Comparative Advertisement: Judicial Trends In The Contemporary World

Introduction Trademark rights, like other intellectual property rights, are considered different in each country or jurisdiction (hence “jurisdiction”) where they are obtained. Each jurisdiction has the right to recognize and protect trademark rights in a way that is consistent with its policy objectives. Although the term “international trademark rights” refers to a set of trademark … Continue reading International Trademark Registration: Procedural Aspects

INTRODUCTION Infringement of an owner’s copyright by a third party is usually a contentious issue, especially when both works are linked by a common narrative and source. It is a well-established law that there exists no copyright in ideas. Only the material form in which the ideas are translated is protected by copyright. For example, … Continue reading Analysis of R.G. Anand V. M/S Deluxe Films And Its Relevance In Recent Times

INTRODUCTION Trademark protection legislation was enacted to give trademark owners exclusive proprietary rights, a monopoly over their trademarks, and safeguard the public’s goodwill. Trademark protection was designed to prevent the sale of counterfeit goods under a well-known brand name, but when these owners go above and beyond their legal rights to defend their mark, the … Continue reading A Comparative Study Of Judicial Approach Between India And U.S.A.

This is part I of the series of three-part blog posts on the relevance of making the direct selling companies accountable under the Consumer Protection (Direct Selling) Rules 2021 and providing relief to the consumers. INTRODUCTION Multi-Level Marketing (MLM) is a form of marketing approach that relies on non-salaried workers to sell products and services … Continue reading Consumer Protection (Direct Selling) Rules, 2021, A Step Towards Making Direct Selling Companies Accountable – Part I

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

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

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

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

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