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An Article On Shamnad Basheer V. Union Of India And Ors.

It is common to witness infringement cases in the intellectual property law sector but rarely there are suits which point out to the defects in the system managing the grant and working of patents, trademarks or other intellectual property rights. In the case of Shamnad Basheer v. Union of India and Others[1], a writ-petition was … Continue reading An Article On Shamnad Basheer V. Union Of India And Ors.

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Legal Issues Pertaining To Internet of Things (IOT)

The cyber laws particularly the laws pertaining to data protection and data security in India are in the nascent stage and are still developing, with the only significant legislations being the Information Technology Act, 2000 (“ITA”) and the “Reasonable practices and procedures and sensitive personal data or information Rules, 2011”. Due to the paucity of … Continue reading Legal Issues Pertaining To Internet of Things (IOT)

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An Insight Into The Jurisdiction Of ASCI

Introduction In the recent years, India, as one of the fastest growing marketplaces, has witnessed tremendous competition in the field of Advertising industry. The existence of a huge population coupled with their ever-increasing purchasing capacity has created a profitable market in India which has led to a cut-throat competition between the sellers. Thus, every competitor … Continue reading An Insight Into The Jurisdiction Of ASCI

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Uber v. Waymo and Lessons for Trade Secret Protection for Companies

It’s been over 100 years since the establishment of the theory of the separate juristic personality of a corporation. Nevertheless, a corporation still functions through humans. The unique competitive edge that corporations wield in the market as against other competitors is by virtue of certain ideas or information pertaining to a particular ingredient of an … Continue reading Uber v. Waymo and Lessons for Trade Secret Protection for Companies

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Battle of the Brands: Gilead Sciences Inc. vs. Merck & Co. Inc

The legal dispute between the two pharmaceutical majors Gilead Sciences Inc. and Merck & Co. Inc. involving Hepatitis C drugs clearly indicates the high stakes involved when it comes to intellectual property. It all began in 2013, back in the day when Gilead Sciences Inc, filed for a New Drug application (NDA) with the FDA … Continue reading Battle of the Brands: Gilead Sciences Inc. vs. Merck & Co. Inc

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A Take on Producer’s Right in ‘Dubbing’ and ‘Remaking’ of a Movie

Can a producer of a film remake or dub it without the permission of the author of the script? The answer to this question is given by a division bench of Madras High Court in a recent case of Mr. Thiagarajan Kumararaja vs. M/s Capital Film Works (India) Pvt. Ltd. and another. In this case … Continue reading A Take on Producer’s Right in ‘Dubbing’ and ‘Remaking’ of a Movie

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Tobacco Packaging Laws: An Effectual or an Ineffectual Effort?

There have been growing concerns associated with the ill effects of smoking. The Government has been trying to focus on the public heath measure side-lining the trademark related rights and commercial interest of the Tobacco companies, and 85% mandatory health warning display on the Tobacco boxes is a result of the same. Attempts have also … Continue reading Tobacco Packaging Laws: An Effectual or an Ineffectual Effort?

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Jaypee Infratech Insolvency Case

Introduction The Inception of Insolvency and Bankruptcy code [IB Code] was envisaged as a historical moment in the Indian corporate sector as it is a single uniform comprehensive legislation that aims at a speedy solution to corporate insolvency through an established time bound procedure, early identification of financial failure, and other such broader reforms that … Continue reading Jaypee Infratech Insolvency Case

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Growth of Digital Economy – A Challenge for Competition Regulators

Introduction Competition policy is a public policy which is aimed at ensuring that competition in the marketplace is not restricted in any manner that is detrimental to the society. The most significant goal of competition policy is to shield society from harmful competitive behaviour[1]. Digital economy is dynamic and fundamentally different from other sectors. Digital … Continue reading Growth of Digital Economy – A Challenge for Competition Regulators

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Mattel, Inc. and Ors. V. Aman Bijal Mehta and Ors

Introduction The use of catchy words and established brand name in a song, to attract the attention of the viewer is not something that is new these days. This was witnessed in Salman Khan starrer “Dabangg”. The movie used the words “Zandu Balm”, a product of Emami group (hereinafter Emami), in one of their songs. … Continue reading Mattel, Inc. and Ors. V. Aman Bijal Mehta and Ors

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