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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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. […]
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. […]
Thank ‘God’! It Is Not Trademarkable: Analysing the Monopoly over the Names of Gods and Holy Books
Rumors have it that Hindus have 33 Crore Gods. From an IPR perspective, it simply means that there are 33 crore names that are in a fix as potential trademark names. The recent judgment of Bombay High Court in the case of Freudenberg Gala Household Product Pvt. Ltd. v. GEBI Products Ltd has opened the […]