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From ‘Relevant’ To ‘Global’ Turnover: Examining The Basis Of Penalty Under The Competition (Amendment) Act, 2023
Introduction The Competition Act[1] describes ‘turnover’ as the ‘value of sale of goods or services’. Associated with this provision, is the provision specifying the penalty[2] for anti-competitive agreements,[3] which until recently, did not specify whether this ‘turnover’ was to be based on total/global turnover (derived from all the products and services by an enterprise)[4] or … Continue reading From ‘Relevant’ To ‘Global’ Turnover: Examining The Basis Of Penalty Under The Competition (Amendment) Act, 2023
Read more »The Ownership Conundrum of Cinematograph Films – the Copyright Suit of ‘Nayak’
Introduction A cinematograph film is a creation of different sets of individuals, including singers, dancers, lyricists, composers, scriptwriters, actors, directors, and others contributing to its making. Ideally, the ownership of the copyright of such a film vests with the producer. But does that deprive the contributors of the underlying works of their rights absolutely? This … Continue reading The Ownership Conundrum of Cinematograph Films – the Copyright Suit of ‘Nayak’
Read more »The Power of Intellectual Property Right: A Catalyst for Innovation and Growth
Introduction Intellectual property refers to the creation of mind, wherein a person uses his intellect to create unique works such as artistic works, inventions, scientific discoveries, literary works etc. Intellectual Property Rights are a set of legal protections which are given to individuals for their creations. Intellectual property rights are exclusive right given to the … Continue reading The Power of Intellectual Property Right: A Catalyst for Innovation and Growth
Read more »Contractual Employees Whose Contract Ended During Pregnancy Entitled To Maternity Benefits
Factual Background The present matter is a writ petition filed by the aggrieved petitioner who was denied maternity benefits that are guaranteed to pregnant female workers by the Maternity Benefit Act. Brief facts of the case are that the petitioner was appointed as a stenographer on 7thFebruary 2013 on a contractual basis. Thereafter each year, … Continue reading Contractual Employees Whose Contract Ended During Pregnancy Entitled To Maternity Benefits
Read more »S.M. DYECHEM LTD. VERSUS CADBURY (INDIA) LTD.
Parties The Appellant-Plaintiff is the registered proprietor of the trademark “piknik” and has been in the business of preparing potato chips, potato wafers, etc. since 1988. The Respondent Defendant Cadbury is a household name in India. They have been marketing chocolates since 1948. Brief Facts Brief facts of the case are as follows The Appellant-Plaintiff … Continue reading S.M. DYECHEM LTD. VERSUS CADBURY (INDIA) LTD.
Read more »Defending IPL From Ambush Marketing Strategies
Introduction Sports play a massive role in everyone’s lives as a source of entertainment and unparalleled passion, contributing to 5% GDP of world’s economy[1]. Sports industry is one of the biggest industries across globe now owing to people’s increasing interest in the same. One such example is the popular Indian Premier League of cricket in … Continue reading Defending IPL From Ambush Marketing Strategies
Read more »Analysis of Bar Council Notification Permitting Entry of Foreign Lawyers and Firms
Introduction In a recent momentous development in the legal world, The BCI has allowed foreign lawyers and firms to practise in India on a reciprocity basis.[1] Reciprocity here means the allowance of rights and privileges extended by BCI to the lawyers and firms of one state if it extends identical rights to Indian legal professionals.[2] … Continue reading Analysis of Bar Council Notification Permitting Entry of Foreign Lawyers and Firms
Read more »Ip Suspension During War Crimes: In The Light Of Russia – Ukraine Atrocities
Introduction Understanding the concept of war crimes, it is easily extractable that life is the most important right that humankind possesses and it shall be protected at all costs. Anything that stands in the way of right to life should be suspended entirely or to the extent it is creating contradiction. Article 21 of the … Continue reading Ip Suspension During War Crimes: In The Light Of Russia – Ukraine Atrocities
Read more »Intellectual Property Law Judgment Analysis: Sujata Chaudhri v. Swarupa Ghosh
Introduction The present case relates to an almost identical logo of 2 (two) Law firms. Here, the plaintiff, Ms. Sujata Chaudhri, proprietor and managing partner of Sujata Chaudhri IP attorneys, sought a permanent injunction restraining trademark infringement, copyright infringement, and passing off against the Defendant, Ms. Swarupa Ghosh, an IP lawyer. The order was passed … Continue reading Intellectual Property Law Judgment Analysis: Sujata Chaudhri v. Swarupa Ghosh
Read more »Should Betting Be Legalized In India?
Introduction A fundamental aspect of human nature is betting. It permeates every aspect of Indian society. People view it as a respectable form of recreation, whether be horse racing wagering or street animal fights. Despite the fact that it’s against the law to bet on sporting events, such as cricket matches, many people still do … Continue reading Should Betting Be Legalized In India?
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