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  • Article

    SBO Declarations: A Significant Compliance Challenge – Part 2

    Following an order in the matter of Leixir Resources Private Limited (discussed in our article here), the NCT of Delhi and Haryana has issued yet another order dealing...
    IndiaCorporate/Commercial Law
    Obhan Mason
    Obhan Mason
  • Article

    Unambiguous Contract: Not A Playground For Internal Aids Of Interpretation

    In a recent judgement that reinforces the sanctity of a contract, the Division Bench ("DB") of the Delhi High Court ("DHC") in Oil and Natural Gas Corporation v. JSIW Infrastructure Private Limited...
    IndiaCorporate/Commercial Law
    Obhan Mason
    Obhan Mason
  • Article

    RBI Issues Draft Circular For The Regulation Of Payment Aggregators

    In April 2024, the Reserve Bank of India ("RBI") issued the Draft Circular for the Regulation of Payment Aggregators ("Draft Circular")...
    IndiaFinance and Banking
    Obhan Mason
    Obhan Mason
  • Article

    The National Medical Devices Policy, 2023 – A List Of Resolutions

    On April 26, 2023, the Union Cabinet approved the National Medical Devices Policy, 2023.
    IndiaFood, Drugs, Healthcare, Life Sciences
    Obhan Mason
    Obhan Mason
  • Article

    No Inherent Right To Receive Foreign Donation: Supreme Court

    On April 8, 2022, in the case of Noel Harper vs. Union of India, the Supreme Court upheld the validity of certain amendments made to the provisions of the Foreign Contribution (Regulation) Act, 2010 ...
    IndiaGovernment, Public Sector
    Obhan Mason
    Obhan Mason
  • Article

    A Stitch In Time: Quia Timet And Trademarks In India

    Brand owners can use quia timet actions in India proactively to stop trademark infringement before it even happens, but must be careful about how, when and before which forum they seek remedies.
    IndiaIntellectual Property
    Obhan Mason
    Obhan Mason
  • Article

    Defining Patent Ownership In India: Employment Contracts As Valid Proof Of Right

    In India, a patent application can be filed not just by the true and first inventor, but also by the assignee of an inventor.
    IndiaIntellectual Property
    Obhan Mason
    Obhan Mason
  • Article

    Generative AI And Trademarks: The Need For Legislative Intervention

    Ownership is the cornerstone of intellectual property rights (IPR). It provides legal protection to creators, ensuring that they can derive proprietary benefits from their creations and safeguard...
    IndiaIntellectual Property
    Obhan Mason
    Obhan Mason
  • Article

    Is Your Brand Ready For The Multilingual Internet Revolution In India?

    As India officially moves towards multilingual web domains, new challenges emerge for businesses and other stakeholders. How must we prepare for this multilingual revolution?
    IndiaIntellectual Property
    Obhan Mason
    Obhan Mason
  • Article

    Pharmacyclics Continues The Divisional Applications Debate In India

    The Calcutta High Court's ruling in the Pharmacyclics case clarifies that a divisional patent application can be filed as long as the invention is disclosed in the full specification...
    IndiaIntellectual Property
    Obhan Mason
    Obhan Mason
  • Article

    Sequence Listing In Indian Patent Applications

    If a patent application discloses any nucleotide or amino acid sequences, the description of the invention must contain a ‘sequence listing'. A sequence listing is a list of biological...
    IndiaIntellectual Property
    Obhan Mason
    Obhan Mason
  • Article

    When "Ok" Becomes "Not Ok": A Cautionary Tale Of Miscommunication From The Indian Patent Office

    An important step during patent prosecution in India is the hearing. As the Indian Patent Office (IPO) tends to issue only a single examination report, hearings before the Controller are common.
    IndiaIntellectual Property
    Obhan Mason
    Obhan Mason
  • Article

    Arbitration Award Granting Damages In Absence Of Proven Loss Can Be Set Aside

    The Delhi High Court ("Court") recently set aside an arbitration award that granted damages without proof of loss or injury, on the ground of patent illegality under Section 34...
    IndiaLitigation, Mediation & Arbitration
    Obhan Mason
    Obhan Mason
  • Article

    Enforceability Of Unstamped Arbitration Agreements: Another Twist In The Tale

    Recently, a five-judge bench of the Supreme Court rendered its judgment in N.N. Global Mercantile Private Limited v. Indo Unique Flame Limited1("N.N. Global 2") and has put to rest the question on whether arbitration agreements included in unstamped/ insufficiently stamped instruments are valid and enforceable.
    IndiaLitigation, Mediation & Arbitration
    Obhan Mason
    Obhan Mason
  • Article

    Hyperlinking A Defamatory Article: Defamation Or Not?

    In a recent judgment1, the Delhi High Court ("Court") has examined whether hyperlinking to alleged defamatory content would amount to republication...
    IndiaLitigation, Mediation & Arbitration
    Obhan Mason
    Obhan Mason
  • Article

    Dark Patterns On Digital Platforms: Are ‘Your' Online Decisions ‘Really' Your Own

    Have you ever been unable to find the unsubscribe/delete button on a social media application? Added an item to your shopping cart only to realize later that the price displayed...
    IndiaMedia, Telecoms, IT, Entertainment
    Obhan Mason
    Obhan Mason
  • Article

    Endorsement Know-Hows: A Guide To Advertising Disclosures By Celebrities And Influencers

    "With great influence, comes great responsibility" – this slightly modified adage, was used in the self-regulatory Guidelines for Influencer Advertising in Digital Media ("ASCI Guidelines"),
    IndiaMedia, Telecoms, IT, Entertainment
    Obhan Mason
    Obhan Mason
  • Article

    Significant Reforms In The Indian Telecom Sector

    The Union Cabinet on September 15, 2021, approved major structural as well as procedural reforms in the telecom sector with the aim to protect and generate employment opportunities, promote healthy competition, ...
    IndiaMedia, Telecoms, IT, Entertainment
    Obhan Mason
    Obhan Mason
  • Article

    Telecommunication Right Of Way Rules, 2024

    On September 19, 2024, the Department of Telecommunications, ("DoT") issued the Telecommunications (Right of Way) Rules, 2024 ("RoW Rules") under the Telecommunications Act, 2023 ("Telecom Act").
    IndiaMedia, Telecoms, IT, Entertainment
    Obhan Mason
    Obhan Mason
  • Article

    Confidentiality vs Accountability: The Karnataka High Court's Decision In The PhonePe Case

    In the recent case of PhonePe Private Limited v. State of Karnataka1, the Karnataka High Court ("High Court") addressed the responsibilities of digital payment...
    IndiaPrivacy
    Obhan Mason
    Obhan Mason

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