Category: Legal Issues

Double Patenting and Where it Stands as per Delhi High Court

In a recent Judgement by Delhi High Court on 02.11.2020 (CS (Comm) 410/2020 AstraZeneca Ab & Anr v Alkem Laboratories), AstraZeneca (Plaintiff), a reputed British-Swedish multinational Pharmacy & Biotechnology company, was denied an Application under Order 39 Rule 1 &2 under the CPC for grant of Temporary Injunction against Alkem Laboratories (Defendants). It was contended … Continue reading Double Patenting and Where it Stands as per Delhi High Court

Read more »

Davis v. Pinterest, Inc.: The Road Map to Contributory Infringement Suits

“The one who distributes, with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties.” The concept of contributory copyright infringement thus stems from the law of torts which basically purports that … Continue reading Davis v. Pinterest, Inc.: The Road Map to Contributory Infringement Suits

Read more »

A Critical Analysis of Singh & Singh Dispute Order

Recently, the Delhi High Court through its judgment vide order dated 2nd June ’21, temporarily restricted the Canada based law firm named Singh + Singh Lawyers LLP (S&S Canada) from violating the trademark rights of the India based law firm Singh & Singh Law Firm LLP (S&S India). Through this article, the author aims to … Continue reading A Critical Analysis of Singh & Singh Dispute Order

Read more »

Demystifying the Conundrum of Arbitrability of Disputes Concerning Trademarks

Introduction The Delhi High Court, through its judgement, in the recent matter of M/S. Golden Tobie Private Limited v. M/S. Golden Tobacco Limited, dated 04-06-21 delved into the interpretation of section 8 of the Arbitration and Conciliation Act in relation to the disputes involving Trademarks. The Hon’ble court considered this dispute concerning the breach of … Continue reading Demystifying the Conundrum of Arbitrability of Disputes Concerning Trademarks

Read more »

Antitrust Investigation into Amazon and Flipkart: An Overview

In line with the recent trend of increasing scrutiny against Big-Tech firms, the Competition Commission of India [hereinafter “CCI”] is ready to accelerate the anti-trust investigation that was launched against Amazon Seller Services Private Limited [hereinafter “Amazon”] and Flipkart Internet Private Limited [hereinafter “Flipkart”] last year in the month of January. This move comes as … Continue reading Antitrust Investigation into Amazon and Flipkart: An Overview

Read more »

The Redefined Boundaries Of Section 397 After The McDonald Case

Introduction In Vikram Bakshi v. Connaught Plaza Restaurants Limited[1] (‘McDonald’s case’), Vikram Bakshi approached the National Company Law Tribunal (‘NCLT’) on the grounds of oppression by McDonald’s. He alleged that the act of not re-electing him as the Managing Director (‘MD’) of Connaught Plaza Restaurants (‘the company’) amounted to oppression under section 397 of the … Continue reading The Redefined Boundaries Of Section 397 After The McDonald Case

Read more »

Interdigital vs.Xiaomi: India’s First Anti-Enforcement Injunction Order

The concept of anti-suit injunction and anti-enforcement injunction is gaining prominence worldwide including in India. Recently, the Delhi High Court in Interdigital Technology Corporation vs. Xiaomi Corporation & Ors.[1] granted an anti-enforcement injunction. It was held that a foreign court cannot restrain a party from pursuing its cause before Indian Court when Indian jurisdiction is … Continue reading Interdigital vs.Xiaomi: India’s First Anti-Enforcement Injunction Order

Read more »

Hero Electric v. Lectro E-Mobility: Arbitrability of IP disputes

On 2 March 2021, the Delhi High Court settles the debate on Arbitrability of IP disputes in the case of Hero Electric Vehicles Pvt. Ltd. v. Lectro E-Mobility Private Ltd. [1]The case dealt with the dispute between the Munjal family groups over the trademark ‘Hero’.In this case, the Delhi HC indemnified the position of IP … Continue reading Hero Electric v. Lectro E-Mobility: Arbitrability of IP disputes

Read more »

Offences under Copyright Act and Trade Marks Act: Bailable or Not?

Recently in the matter of Piyush Ranipa v. the State of Maharashtra, the Bombay High Court among other issues decided upon the question of whether offenses under the Trademarks Act, 1999 and the Copyright Act, 1957 are bailable offenses or not. In the present matter a company named ‘Jain Irrigation System’ i.e., the Complainant Company … Continue reading Offences under Copyright Act and Trade Marks Act: Bailable or Not?

Read more »

Recognition of Doctrine of Copyright Exhaustion in Software in India

The Doctrine of Exhaustion, which is an internationally recognized legal principle, in layman’s terms, can be explained as a principle per which a copyright owner’s right over their creation, i.e., their right to control reproductions or copies of their work, exhausts whenever the ‘first sale’ is made by the owner or by taking their consent. … Continue reading Recognition of Doctrine of Copyright Exhaustion in Software in India

Read more »