Amendments in Intellectual Property Laws in 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 […]
Macquarie Bank Limited vs. Shilpi Cable Technologies
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, such communications could not influence the Debtor to make the payment, pursuant to […]
Bigtree Entertainment Pvt. Ltd. vs. Brain Seed Sportainment Pvt. Ltd. & Anr
“A brainy person does not abuse copyright; instead he respects it and upholds it.” – Maximillian Degeneres. Introduction With the rise in the 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 […]
M/s. Sunwhite Infrastructure Pvt Ltd. V. Kindle Developers Pvt Ltd, CP No. 40 (ND)/17 (decided on 23.08.2017)
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 stakeholders. The […]
Online Disputes and Forum Jurisdiction
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 […]
Patent (Amendment) Rules 2017
Department of Industrial Policy and Promotion (DIPP) has amended Patent Rules 2003 with effect from 1st December 2017 called the Patent (Amendment) Rules, 2017. The definition of “startup” under rule 2(FB) has been substituted with a new definition. A more liberal definition of the startup has been incorporated that can allow domestic as well as foreign […]
A Reminder for Online Retailers
Here’s one case that involves an online retailing businesses that is having a link with Trade mark Law – Jadebay Ltd and others v Clarke-Coles Ltd (t/a Feel Good UK) [2017] EWHC 1400 (IPEC). However, overlooking the customary practice of online retailing methods, the Intellectual Property Enterprise Court followed the theoretical root of the Trade […]
Mobilox Innovations Private limited vs. Kirusa Software Private Limited
The much debated question with respect to the interpretation of what amounts to “existence of a dispute” has been finally answered by the Supreme Court in the (Mobilox vs. Kirusa) judgment. The interpretation of “existence of dispute” was seen in the context of initiation of CIRP of corporate debtors under the Insolvency and Bankruptcy Code, 2016. The […]
Khurana & Khurana Opens DELHI (Jangpura) Office
Khurana & Khurana, Advocates and IP Attorneys (K&K) along with its IP Asset Management Practice, IIPRD, upon successful completion its 10 years of practice,are happy to announce that they are opening up their 7’th branch Office in Jangpura, Delhi w.e.f 2nd January 2018, in wake of its growing Intellectual Property (IP) and Commercial Litigation Practice, and with an […]
Appointment of Chairman of the Intellectual Property Appellate Board
IPAB is one of the most important IP tribunals in the country and was established by the Central Government by notifying in the Official Gazette on 15.07.2003. IPAB is an administrative body that has appellate jurisdiction over the decisions of the Controller of Patents, Registrar under the Trade Marks Act, 1999, and the Geographical Indications. […]