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Specifics of international private law
Blog, Trademark
May 6, 2023

In the Highcourt of Delhi at New Delhi Pronounced on: 10th April, 2023 The use of the article ”the”, in Section 17(2)(b) of the TradeMarks Act, 1999 is, in our opinion, significant. There is a clear difference between the expressions “common to trade” and “common to the trade” which was mentioned by the Hon’ble Justice C Hari Shankar with his usual perspicuity explained that if the legislature has, in the phrase “common to the trade”, inserted the definitive article “the”, that...

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Blog, Intellectual Property
May 6, 2023

In the recent order dated April 20, 2023, in the case of Ms. Aaradhya Bachchan and Anr v Bollywood Times Ors., Aaradhya Bachchan, who is the daughter of Abhishek Bachchan and Aishwarya Bachchan, and the granddaughter of Amitabh Bachchan and Jaya Bachchan, filed a case through her father (Plaintiff 2) against individuals who have been circulating videos on YouTube falsely claiming that she is seriously ill, despite being a healthy school-going child. The dissemination of these videos breaches Aaradhya Bachchan's...

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Blog
September 3, 2022

“Law is an aspiration for change and the answer one gets are based on how the discourse is framed.” -Justice D Y Chandrachud After Covid19, the business conglomerates and companies are expanding their global outreach in multiple nations and when the expansion of business is rapid, the issues/conflicts of any nature are bound to happen. Hence, it is imperative for any country today, to provide a strong and robust justice delivery system that provides an assurance of FOREIGN ENTITIES to conduct their...

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Blog, Patent
June 17, 2022

Growing up as an Indian, many of us start our mornings either with tea, coffee, or milk.But what we might not have wondered is that the ability to enjoy these beverages,through its key ingredient milk, arrives from a victory within a complicated field ofIntellectual Property Law: Biotechnology Patents. To thank this we need to go way back in 1873, when a microbiologist Louis Pasteurpatented a novel yeast making process; which today we term as pasteurization process.Most of our commercial milk producing...

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Blog, Intellectual Property
February 22, 2022

In the 45th GST council meeting, the GST rates of permanent transfer of IPR services is increased from 12 percent to 18 percent. There was no further amendment in the rate of goods notification except the increment of service tariff from 12 to 18 percent. GST rates of 18% on permanent transfer of IPRs has been amended in order to avoid any ambiguities. The notification no. 13/2021 dated October 27, 2021 was released by central tax to put GST rate on...

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Blog
January 21, 2022

With the rapid growth of Industry 4.0 in the current era, along with the growing technical field Intellectual Property Rights has also made its mark. Globally, people are now aware of securing their Intellectual Property Rights through Patent, Trademark, Copyright, and Design. As we all know, Industry 4.0 means automation. Automation is bound to involve the inventions related to Artificial Intelligence and Electrical domain.  It will not be an overstatement to say that any AI or Electrical invention would be...

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Blog
December 13, 2021

Introduction Intellectual property is a valuable fiscal and legal asset for businesses, especially start-ups and SMEs. It is widely accepted that intellectual property accounts for more than 80% of a company's worth[1]. As a result, having "clean" possession of any intellectual property (IP) that is vital to the functioning and profitability of the firm is critical. It is commonly understood that the process of valuing a company takes into consideration the firm's intellectual property resources. Start-ups and SMEs with legitimate intellectual property rights...

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Blog, Intellectual Property
December 13, 2021

In today’s global knowledge economy, all businesses irrespective of their size and scale are bound to create ‘intangible assets’ of various kinds and their value may exceed even their ‘tangible assets’. This equally applies to individual IP holders, institutes, SMEs, start-ups as well as other large scale businesses. The valuation of Intellectual Properties and other intangible assets is one of the important concepts of intellectual property (IP) law. The value of an IP is a monetary compensation that is expected...

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Blog
October 9, 2021

The Supreme Court of India via its order dated September 23, 2021, has withdrawn its suo moto extension of limitation period with effect from October 2, 2021. While the court recalled its suo moto order of April 27, 2021 wherein an extension was provided in the woke of second wave of Covid’19 pandemic, the Court held that “In spite of all the uncertainties about another wave of the deadly Covid-19 virus, it is imminent that the order dates 08.03.2021 is...

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Blog, Patent
September 24, 2021

INTRODUCTION (Why Patents?) The Indian law governing and safeguarding inventions is enshrined in the Patents Act, 1970. A patent provides a right to an inventor(s) to exclude others from exploiting the patented invention. Therefore, anyone other than the inventor cannot use, make or sell the patented invention without permission from the inventor. The exclusive right obtained via patenting the said invention will give the right to commercialize the same exclusively and hence higher returns in the market by virtue of having the...

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