Tag: supreme court

Migrant Workers’ COVID 19 Measures: PIL Update

There were two set of PILs that have been filed in the Supreme Court of India concerning the migrant workers: A. Writ Petition No. 468/2020 titled “Alakh Alok Srivastava Vs UOI” (hereinafter referred to as “WP 1”) was filed by an Advocate practicing in the Supreme Court (Petitioner-in-Person), seeking immediate action to safeguard the rights … Continue reading Migrant Workers’ COVID 19 Measures: PIL Update

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Contempt Laws In India – Brief Study

The law of Contempt of Courts is for keeping the administration of justice pure and undefiled. The dignity of the court must prevail and be maintained at all costs. So keeping the said principle in mind one should keep their conduct in line with the process of court. One should avoid any disobedience to any … Continue reading Contempt Laws In India – Brief Study

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All About Section 31 D of Copyright Act, 1957

The 2012 amendment in Copyright Act has introduced various provisions, one of them being section 31 D. This section is concerned with the broadcasting or performance of a literary or musical and sound recording, which has already been published. Clause 1 of Section 31D states: “Any broadcasting organization desirous of communicating to the public by … Continue reading All About Section 31 D of Copyright Act, 1957

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Know the Roster System

January 12th, 2017 is a date earmarked in judicial history, an event that witnessed four senior most sitting Judges of Supreme Court of India, publicly raising concerns about the structural flaws regarding the functioning of the administrative division of the Supreme Court. They put forth the complete responsibility upon the shoulders of Chief Justice of … Continue reading Know the Roster System

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Patent Trolling and Fee-Shifting

Manish Kumar, intern at Khurana and Khurana, Advocates and IP Attorneys, looks at ‘fee-shifting’ paradigm in US Patent Act in light of US Supreme Court recent judgments. The US Supreme Court, in its two recent judgments, has re-instituted its pre-2005 stand where the Courts had discretion of awarding reasonable attorney fees to the prevailing party … Continue reading Patent Trolling and Fee-Shifting

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The Glivec saga in India is finally over

As it has been widely covered by media in and outside India, it is no new news to pharmaceutical and patent fraternity that Novartis has lost about 7 year long legal battle to secure a patent protection for its invention on beta crystalline form of imatinib mesylate in India. A 112 page long Supreme Court judgement … Continue reading The Glivec saga in India is finally over

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“Clear and Convincing Evidence”

Case “Microsoft Vs i4i” interests me as I saw the recent Supreme Court decision to hear this case again. Long story in short, i4i filed a patent in 1994 and gets granted on 07/98 (US 5,787,449). ‘449 relates to a system and method for the separate manipulation of the architecture and content of a document, … Continue reading “Clear and Convincing Evidence”

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The Bilski Battle Ends…still the war of Patenting Business Method is on…

Introduction:- Do you need one? I am sure by this time you would have read or heard about the Bilski case somewhere. Well it’s not too late to know about it. Petitioner filed a patent application that claims a Business method @ USPTO. The claim included a subject matter that explains how commodities buyers and … Continue reading The Bilski Battle Ends…still the war of Patenting Business Method is on…

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