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  • Article

    Contractual Employees Also Entitled To Receive Provident Fund Benefits: Supreme Court

    In a recent judgment delivered by Hon'ble Judges U. U. Lalit and Indu Malthotra, in the case of M/s. Pawan Hans Limited & Ors. Vs. Aviation Karmachari Sanghatana & Ors.[1],
    IndiaEmployment and HR
    Obhan Mason
    Obhan Mason
  • Article

    Respite To India Inc. – Novel Corona Virus Declared A Force Majeure Event

    In December 2019 the world watched in concern as scenes of chaos, misery and rapidly mounting death tolls emerged from China.
    IndiaFood, Drugs, Healthcare, Life Sciences
    Obhan Mason
    Obhan Mason
  • Article

    Pre-packed And Ready To Deploy

    It is safe to say that the Insolvency and Bankruptcy Code, 2016 ("IBC" or "Code") and the regime it has spawned, has effected a complete turnaround in the way insolvency and liquidation proceedings were dealt with in India.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Obhan Mason
    Obhan Mason
  • Article

    Can A Trade Mark Be Opposed In India Before It Is Advertised For Opposition?

    In India, the law provides for formal opposition to a trademark application only after it is advertised, but can a third party intervene even during the pre-advertisement stage?
    IndiaIntellectual Property
    Obhan Mason
    Obhan Mason
  • Article

    Filing A Patent Application With Biological Material In India

    Patent applications for inventions containing biological materials must fully and particularly describe such use of biological materials in the specification. The Indian Patents Act, 1970 ("the Act") ...
    IndiaIntellectual Property
    Obhan Mason
    Obhan Mason
  • Article

    From Distinctiveness To Genericide: Avoiding Trademark Ruin

    The odds of successfully obtaining or protecting a trademark depend on various factors.
    IndiaIntellectual Property
    Obhan Mason
    Obhan Mason
  • Article

    Law Commission Proposes A Draft Bill On Trade Secrets For India

    Trade secrets are a form of intellectual property (IP) that usually refers to some type of commercially valuable data, information or knowhow relating to a business, which is not known...
    IndiaIntellectual Property
    Obhan Mason
    Obhan Mason
  • Article

    Protecting Well-Known Trademarks In India

    Under Indian trade mark law, the term "well-known trademark" refers to a mark which has become so well-known to a substantial segment of the public through its extensive and continuous use...
    IndiaIntellectual Property
    Obhan Mason
    Obhan Mason
  • Article

    Served Or Received, That Is The Question: An Indian Trademark Dilemma Resolved

    Summary: In a recent decision, the Delhi High Court highlights critical issues surrounding the service of notice in trademark proceedings.
    IndiaIntellectual Property
    Obhan Mason
    Obhan Mason
  • Article

    Exploring The Impact Of The Bharatiya Sakshya Bill, 2023 On Admissibility Of Electronic Evidence

    Among the three bills presented in the Lok Sabha namely, the Bharatiya Nyaya Sanhita Bill, the Bharatiya Nagarik Suraksha Sanhita Bill, and the Bharatiya Sakshya Bill, the Bharatiya Sakshya Bill, 2023...
    IndiaLitigation, Mediation & Arbitration
    Obhan Mason
    Obhan Mason
  • Article

    Notice Under Section 21 Of The Arbitration & Conciliation Act, 1996: A Sine Qua Non For Invoking Jurisdiction

    Recently, in the case of Amit Guglani and Another vs. L&T Housing Finance Limited and Another1, the Delhi High Court adjudicated upon a petition filed under Section 11 (6)...
    IndiaLitigation, Mediation & Arbitration
    Obhan Mason
    Obhan Mason
  • Article

    RBI Digital Lending Guidelines: Safeguards Borrower Data Security

    The Reserve Bank of India ("RBI") released its guidelines on Digital Lending on September 02, 2022 ("Guidelines") for immediate implementation from such date.
    IndiaPrivacy
    Obhan Mason
    Obhan Mason
  • Article

    Competing In Digital Markets: The Report Of The Committee On Digital Competition Law – 2024

    The Ministry of Corporate Affairs set up the Committee on Digital Competition Law ("Committee") on February 6, 2023 in order to evaluate the need for an ex-ante regulatory mechanism...
    GlobalAntitrust/Competition Law
    Obhan Mason
    Obhan Mason
  • Article

    The MCA Proposes To Take The Flash Out Of Flash Sales

    The Ministry of Consumer Affairs (MCA) on June 21, 2021, suggested amendments to the Consumer Protection (E-commerce) Rules, 2020 ("E-Commerce Rules"), with the aim of tightening the functioning of large online marketplaces.
    IndiaCorporate/Commercial Law
    Obhan Mason
    Obhan Mason
  • Article

    The RBI's New Master Direction On Prepaid Payment Instruments

    Prepaid Payment Instruments or simply, PPIs, may sound like a mouthful, but they have become interspersed with our daily life, and indeed transformed the way we undertake everyday transactions.
    IndiaFinance and Banking
    Obhan Mason
    Obhan Mason
  • Article

    Patent Non-Disclosures Turn Out Costly For Google In India

    False or incomplete disclosures can be costly – this follows from a recent decision of the Delhi High Court, where the global technology giant Google had to not just forgo its patent application...
    IndiaIntellectual Property
    Obhan Mason
    Obhan Mason
  • Article

    Rewiring India's Framework For Appointment Of An Arbitrator

    The recent judgment by the Supreme Court's ("Court") constitutional bench in Central Organisation for Railway Electrification v. M/s ECI SPIC SMO MCML (JV) brings...
    IndiaLitigation, Mediation & Arbitration
    Obhan Mason
    Obhan Mason
  • Article

    The Judicial Stance On Contractual Bars And Pendente Lite Interest In Arbitration

    In the realm of commercial disputes, debates pertaining to awarding of interest remains constant. For every business that deals with contracts, clauses pertaining...
    IndiaLitigation, Mediation & Arbitration
    Obhan Mason
    Obhan Mason
  • Article

    A Watershed Moment For Online Real Money Gaming Industry In India

    In recent years, the online gaming industry has grown significantly, especially in the realm of real money gaming. While the growth of the industry has been impressive, it has also led to an increased need for regulation and guidelines.
    IndiaMedia, Telecoms, IT, Entertainment
    Obhan Mason
    Obhan Mason
  • Article

    Balancing Privacy And Efficiency With SEBI's New Data-Sharing Policy

    On October 8, 2024, through a consultation paper released by the Securities and Exchange Board of India ("SEBI") a new policy has been proposed on data-sharing...
    IndiaPrivacy
    Obhan Mason
    Obhan Mason

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