January | 2018 | | IIPRD

Month: January 2018

The Take of Supreme Court over Abuses, Falsehoods on Social Media

January 29, 2018 - 9:13 am Categories: India News & Updates

With a view to express opinion, belief and thought, every citizen of India is bestowed with the right of freedom of speech and expression guaranteed under Article 19 of the Indian Constitution. This right has been most distinguished in the matters where citizens have been able to raise voice against the unjust, express ideas freely … Continue reading The Take of Supreme Court over Abuses, Falsehoods on Social Media

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Viacom 18 Media Private Limited & Ors. Vs. Union of India & Ors.

January 25, 2018 - 10:08 am Categories: Legal Issues

“It should always be remembered that if intellectual prowess and natural or cultivated power of creation is interfered without the permissible facet of law, the concept of creativity paves the path of extinction; and when creativity dies, values of civilization corrode.” Introduction The cinema has always been a sphere of constant debate over the subject … Continue reading Viacom 18 Media Private Limited & Ors. Vs. Union of India & Ors.

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The Disney-Fox Merger and Its Ramification

January 23, 2018 - 12:31 pm Categories: Legal Issues

The Simpsons show has made a name for itself as a modern-day Nostradamus. 20 years ago, the show predicted Fox’s takeover by Disney. On 17th December, 2017, the Walt Disney Co. in a $52.4 billion, all-stock deal, made a bid to acquire 21st Century Fox and its entertainment and sports assets to augment their already … Continue reading The Disney-Fox Merger and Its Ramification

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Know the Roster System

January 22, 2018 - 12:58 pm Categories: News & Updates

January 12th, 2017 is a date earmarked in judicial history, an event that witnessed four senior most sitting Judges of Supreme Court of India, publicly raising concerns about the structural flaws regarding the functioning of the administrative division of the Supreme Court. They put forth the complete responsibility upon the shoulders of Chief Justice of … Continue reading Know the Roster System

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Abuse of Dominant Position in Aftermarkets and Other Support and Maintenance Markets in India

January 22, 2018 - 12:34 pm Categories: Legal Issues

Introduction The term ‘aftermarket’ is generally used in the automobile industry and it is generally a secondary market dealing in spare parts, accessories and other components for motor vehicles. It is also concerned with the service, maintenance and customization of vehicles in the automobile sector. The other support and maintenance markets involve kinds of services … Continue reading Abuse of Dominant Position in Aftermarkets and Other Support and Maintenance Markets in India

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Amendments in Intellectual Property Laws in Vietnam

January 16, 2018 - 9:51 am Categories: Vietnam

Much awaited fourth amendment to the IP laws of Vietnam finally comes into force today i.e. on January 15, 2018. Circular No. 16/2016/TT-BKHCN (also called Circular No. 16), which was issued on June 30, 2016 by the Ministry of Science and Technology of the Government of Vietnam which amends as well as supplements a number … Continue reading Amendments in Intellectual Property Laws in Vietnam

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Macquarie Bank Limited vs. Shilpi Cable Technologies

January 15, 2018 - 1:00 pm Categories: Legal Issues NCLT

Facts of the Case The Corporate Debtor/Respondent (Uttam Galva Metallics) defaulted in the payment to the Operational Creditor/Appellant (Macquarie Bank) amounting to USD 6,321,337 equivalent to Rs. 43,11,15,190. Although repeated reminders as to the payment of the debt via emails were made, but such communications could not influence the Debtor to make the payment, pursuant … Continue reading Macquarie Bank Limited vs. Shilpi Cable Technologies

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Bigtree Entertainment Pvt. Ltd. vs. Brain Seed Sportainment Pvt. Ltd. & Anr

January 15, 2018 - 12:53 pm Categories: Legal Issues

“A brainy person does not abuse copyright; instead he respects it and upholds it.” – Maximillian Degenerez. Introduction With the rise in number of businesses using the global internet portal for running their businesses and with the increase in the number of start-ups in the current economic scenario, we come across many new issues that … Continue reading Bigtree Entertainment Pvt. Ltd. vs. Brain Seed Sportainment Pvt. Ltd. & Anr

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M/s. Sunwhite Infrastructure Pvt Ltd. V. Kindle Developers Pvt Ltd, CP No. 40 (ND)/17 (decided on 23.08.2017)

January 13, 2018 - 6:17 am Categories: India Intellectual Property News & Updates

Facts The petition was filed by M/s Sunwhite Infrastructure Pvt Ltd (hereinafter referred to as “the petitioners”) against Kindle Developers Pvt Ltd (hereinafter referred to as “the respondents”) Sec 241[1] and Sec 242[2] of the Companies Act, 2013 alleging acts of mismanagement and oppression prejudicial to the interests of the company as well as the … Continue reading M/s. Sunwhite Infrastructure Pvt Ltd. V. Kindle Developers Pvt Ltd, CP No. 40 (ND)/17 (decided on 23.08.2017)

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Online Disputes and Forum Jurisdiction

January 12, 2018 - 6:03 am Categories: Copyright Infringement India Intellectual Property News & Updates Trademark

The Delhi high court on 3rd January, 2018 in Impresario Entertainment & Hospitality Pvt. Ltd. vs S&D Hospitality[1], took a different view with respect to the Internet jurisdiction[2]. In the above case, plaintiff sought permanent injunction against the defendants who was running a restaurant at Hyderabad, under the impugned trademarks ‘SOCIAL’ and ‘STONE WATER’ and its services … Continue reading Online Disputes and Forum Jurisdiction

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