The Government of India (“GoI”) has reviewed and amended the Foreign Direct Investment (FDI) policy to curb opportunistic takeovers/acquisitions of Indian companies, consequent to Covid-19 pandemic, and the GoI has vide Press Note No. 3 (2020 series) dated 17th April 2020 (hereinafter “PN3”) and has revised the FDI policy to this effect. In this article, […]
In a recent interesting judgement, the Hon’ble High Court of Madras had, in a suit for copyright infringement and permanent injunction filed by Indian Record Manufacturing Co. Ltd., (the “Plaintiff”), against a reputed reputed Indian music composer Mr. Illaiyaraja, permanently injuncted Mr. Illaiyaraja from infringing the Plaintiff’s copyrights in certain musical works and sound recordings […]
In many of our foreign trips, we often buy some newly launched electronic or electrical products which are either not yet available/launched in our country or are offered at higher prices. While such procurements are intended for personal use or consumption, the concept of “Parallel Imports” in the context of trademark laws means the procurement […]
The National Company Law Appellate Tribunal (‘NCLAT’) recently in the matter of Flat Buyers Association Winter Hills – 77, Gurgaon v. Umang Realtech Pvt. Ltd. (through IRP & Ors.) took a practical approach bordered on survival of the business and satisfying the interests of the stakeholders involved and introduced the concept of reverse corporate insolvency […]
With the advent of social media platforms, emerged a new vocation – social media influencer, who with their following and reach on social media attempt to influence and sway a viewer/consumer towards purchasing or refraining from purchasing a product available in the market. Most brands and companies make utmost commercial use of the fan following […]
“the delivery of health care services, where distance is a critical factor, by all health care professionals using information and communication technologies for the exchange of valid information for diagnosis, treatment and prevention of disease and injuries, research and evaluation, and for the continuing education of health care providers, all in the interests of advancing […]
Domain names versus trademarks The nature of a #trademark and the nature of a domain name are different, which is why it generates controversies. The registered trademark confers territorial rights limited by a certain class of the International Nomenclature, while the domain name does give its owner a cross-border right. In that sense, we will […]
A writ petition was filed before the Hon’ble Delhi High Court by the Intellectual Property Attorneys Association (IPAA) against the Controller General of Patents, Designs and Trademark (CGPDTM) with respect to the public notice dated 04.05.2020 issued by the office of the CGPDTM in the backdrop of the nation-wide lockdown enforced by the Government of […]
Amidst the COVID-19, Ministry of Corporate Affairs (MCA) vide its General Circular No.14/2020 dated 08th April 2020 has, with respect to matters requiring approval of shareholders, requested the Companies, to obtain shareholders’ approval through postal ballot/e-voting till 30th June 2020, in order to avoid holding a general meeting which requires physical presence of the shareholders […]
With the lockdown declared across the country spread across four versions and 60 days, one question that was constantly raised was whether tenants are entitled to claim waiver/suspension of payment of rent. The Delhi High Court, in a recent judgment in Ramanand v. Dr. Girish Soni (decided on 21.05.2020), addressed the issue and set out […]
The Reserve Bank of India (RBI), vide A.P. (DIR Series) Circular No. 27 dated 1st April 2020, has increased the period of realisation and repatriation of the export proceeds to India in respect of the export of goods or software or services, from 9 (nine) months to 15 (fifteen) months from the date of such […]
Guidelines applicable to the procedure for Compulsory Patent Licenses On September 19, 2019 Indecopi´s Directorate of Inventions and New Technologies by Resolution No. 002706-2019/DIN-INDECOPI approved the guidelines applicable to the procedure for the issuance of Compulsory Licenses contemplated in Decision 486 and Legislative Decree 1075. The guideline develops the requirements that the application for the […]