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  • Article

    Patent Law Harmonisation: Calcutta High Court Upholds The Constitutionality Of Section 53 Of The Patents Act, 1970 In Line With TRIPS

    In an order dated May 7, 2024, the Calcutta High Court delivered a significant verdict upholding the constitutionality of Section 53 of the Patents Act, 1970 (hereinafter referred to as "the Act").
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Section 8 Of The Indian Patent Act: Neither An Idle Menace Nor A Mere Formality

    Recently, Section 8 of Indian Patents Act, 1970 (the Act) has attained applicant’s concerns since some patent cases have been claimed invalid on the ground of non-compliance of Section 8.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Test of "Common Field of Trade" Applied to Decide Foodworld Injunction

    The law of passing off deals in cases where a misrepresentation to the public may exist due to some sort of association or similarity between two marks or parties.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    "VIAGARA.IN" Goes Back To Pfizer

    Pfizer Products Inc., leading pharmaceutical company and manufacturers of VIAGRA filed an application for the grant of an interim injunction to restrain Altamash Khan and another party from using its registered trademark as under the domain name ‘viagra.in’ and URL www.viagra.in.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    “BUDDHA-BAR”: A Debate On Transborder Reputation

    Transborder reputation has been a matter of dispute, largely elucidated and deliberated upon in the law of trademarks. The principle however finds itself extrapolated to other realms of intellectual property disputes as well.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Regulating Online Gaming: A Moral Dilemma

    The Indian online gaming industry is growing at a fast pace.
    IndiaMedia, Telecoms, IT, Entertainment
    Lex Orbis
    Lex Orbis
  • Article

    Delhi HC Grants Injunction Against Rogue Websites To Burger King Corporation

    Through this order, the court acknowledged the dynamic nature of website mirroring fraud and tried to balance the rights of the plaintiff with a consideration of public interest.
    IndiaCorporate/Commercial Law
    Lex Orbis
    Lex Orbis
  • Article

    The Scope Of Order XXIX Of The Code Of Civil Procedure, 1908

    Recently, in the case of C. Krishniah Chetty and Sons Private Limited vs. Deepali Company Private Limited, the Karnataka High Court stated that in the absence of the Board Resolution, a Chief Financial Officer ...
    IndiaCorporate/Commercial Law
    Lex Orbis
    Lex Orbis
  • Article

    Greenwashing In India: Deceptive Marketing Or Genuine Sustainability?

    With growing environmental awareness and increasing health concerns, consumers are actively seeking eco-friendly products.
    IndiaEnvironment
    Lex Orbis
    Lex Orbis
  • Article

    The Draft E-Commerce Policy: An FDI Perspective

    The e-commerce market in India is expected to reach USD 200 billion by 2026 with increased smart phone usage...
    IndiaGovernment, Public Sector
    Lex Orbis
    Lex Orbis
  • Article

    New Amendments To Resolution Process Regulations In India

    The Insolvency and Bankruptcy Board of India (IBBI) has implemented two significant policy reforms to enhance the effectiveness of the corporate insolvency framework in India.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Lex Orbis
    Lex Orbis
  • Article

    Action for Infringement and Passing Off Distinct Under Protection of Trademarks

    A trademark in relation to a good conveys to the general public and specifically to the consumers about the origin and quality of that good, thereby acquiring reputation in the course of business and time.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Copyright Assignment & Advancement In Technology: The Case Of "Shalov"

    In a recent significant legal development, the Copyright (Amendment) Act 2012 has amended section 18 of the Copyright Act 1957.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Designs And Artistic Works: Microfibres’ Appeal Falls Through

    The line between provisions of the Copyright Act and Design Law although independent of each other, find parties approaching the Court to debate these provisions increasingly.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Effect of Malafides on Interim Relief in Infringement Cases

    Good faith is absolutely necessary for obtaining interim relief from the Court. Where the plaintiff suppresses any material fact from the Court for the purpose of obtaining the interlocutory relief, the order shall become susceptible to being dissolved on the ground of lack of bonafides and for misleading the Court.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Government Proposes Amendments In Indian Patents Rules

    The Draft Rules propose to amend the Patents Rules, 2003 and the DPIIT has sought comments from the stakeholders on these Draft Rules.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Indian Copyright Act, 1957- Sufficient To Tackle Situations?

    Intellectual Property’ can be broadly classified into two branches viz ‘Industrial Property and ‘Copyright’. The former protects inventions and the later literary and artistic works. Copyright law protects only the form of expression of ideas and not the ideas itself.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    International Report - Latest Guidelines For Examination Of Computer-Related Inventions

    A draft version of the computer-related inventions (CRI) guidelines was first published by the Indian Patent Office (IPO) on June 28 2013.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    IPAB On Appointment And Role Of Neutral Experts

    The Intellectual Property Appellate Board (IPAB) has made many attempts to examine facts in individual cases.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Leveraging Patent Box To Improve Bottom Line Of Business

    A patent box is a tax saving regime to incentivize research and development efforts wherein patent revenues are taxed differently from other revenues of a company.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Showing 701–720 of 1061 results

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