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Supreme Court’s Mandate on Self-Declaration: An Added Compliance Challenge for Advertisers?

On May 7, 2024, the Hon’ble Supreme Court of India issued an Order in the case of Indian Medical Association & Anr. v. Union of India & Ors.[1], mandating that advertisers and advertising agencies submit a self-declaration before any advertisement is published, aired, or displayed. This Order was passed in the background of the alleged […] Read More

Use of Celebrity Voices to Train GenAI Tools: Part I – Violation of Digital Personal Data Protection Act?

Most cases filed against AI software have focused on copyright claims. However, the case of Lehrman v. Lovo Inc (“Lovo Case”) offers a fresh perspective by invoking New York Civil Rights Law, Deceptive Practices Law, False Advertising Law and claims under Unfair Competition and False Affiliation, Unjust Enrichment, Tortious interference with advantageous business relationships, and […] Read More

Indian Copyright Law and Generative AI: Part 2- Transformative and Extractive Use

Having first considered the question of whether storing copyrightable works for training purposes is reproduction that amounts to copyright infringement under Section 51 of the Indian Copyright Act, 1957, in this second post of this series we will specifically be looking at transformative and extractive uses, applicability of exceptions and limitations under Indian Copyright law, […] Read More

In Pursuit of Fairness: Delhi High Court’s Do’s and Don’ts for SEP Negotiations

Introduction: SEP jurisprudence, evolving across multiple jurisdictions, consistently underscores the paramount importance of “Fairness” in all dealings ensuing in a FRAND negotiation. Indeed, the concept of ‘good-faith’ negotiations between SEP Holders and Implementers is acquiring increasing significance, as evidenced by the imposition of elevated royalty rates and even interim deposit orders, preceding a final adjudication […] Read More

Indian Copyright Law and Generative AI

The scope of copyright liability of Generative AI (‘genAI’) models is a hot topic globally. Copyright issues that stem out of genAI technology can be categorized into four heads. All the litigations in the United States form a part of one of these four heads: Allegation of copyright Infringement due to copying/storage of copyrighted works […] Read More

Innovation of ‘Zero Period’ in the Insolvency and Bankruptcy Code, 2016

The preamble of the Insolvency and Bankruptcy Code, 2016 (‘Code’) states its objectives, which are maximisation of value of assets, promote entrepreneurship, within the stipulate time frame. Apart from the initiation of Corporate Insolvency Resolution Professional (‘CIRP’) or the Liquidation Process, the Code also provides for a class of transactions which can be ‘avoided’ or […] Read More

Delhi High Court renders its first SEP decision for Telecommunication Standards in the Ericsson v Lava case

On 28th March 2024, the Delhi High Court (DHC) pronounced its final judgment[i] in the cross-suits filed between Ericsson and Lava, ultimately deciding the matter in favour of Ericsson by granting it damages to the tune of INR 244 Crores (USD 29.9 Million) along with legal costs. The redacted version of the decision was uploaded […] Read More

“Review Bombing”- The Way Forward

In the hyper-connected digital world of today, there is no doubt about the fact that reviews posted online have a major impact on a consumer. In recent times, we often stumble upon situations where we can easily note as to how different sectors of business have been impacted because of either fake or negative reviews. […] Read More

Foreign application disclosures under Section 8: Passing the parcel?

The Draft Patents (Amendment) Rules, 2023 (Draft Rules[i]) published in August 2023 proposes amendments to several critical aspects of patent prosecution before the Indian Patent Office. One such aspect is the obligation on a patent applicant to file information about corresponding foreign patent applications within prescribed timeline as per Section 8 of the Patents Act, […] Read More

Royal Tryst with Trademark Law

Royal Symbols often include the royal coat of arms, royal crest, insignias, badges etc., they are distinguishing marks or sign adopted by a person, a family, or an organization. Most of the Royal Symbols date back to medieval times. These Royal Symbols have been used for identification of knights in battles and kingdoms through the […] Read More

Smoking is Injurious to OTT Platforms

The Ministry of Health and Family Welfare (“MoHFW”) on 31.05.2023 had notified the Amendment Rules, 2023[i] under the COTPA[ii]. These Rules came into force from 01.09.2023. The Amendment Rules, 2023 aims to amend the COTPA Rules, 2004[iii] and thus added Rule11 i.e. “Health spots, message and disclaimer in online curated contents of tobacco products by […] Read More

Power of the court to modify the arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996

This article discusses the power of the court to modify the arbitral award under the Arbitration Act 1940 (erstwhile act) and the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the present Act). The erstwhile act provided three kinds of remedies against arbitral awards, namely, remission, rectification and setting aside of the arbitral award. […] Read More

The Doctrine of Equivalents in Patent Law – An overview of the Law in India.

Introduction. Determining patent infringement is a two-step process. First, the claims must be properly construed to determine their scope and meaning. Second, the claims, as properly construed, must be compared to the accused device.[i] Literal infringement may be found if an accused device or method falls entirely within the scope of the asserted claims once […] Read More

Enhancing Accountability: Evolving Liability of Personal Guarantors Under Insolvency Bankruptcy Code, 2016

IntroductionA personal guarantor is an individual who provides surety under contract of guarantee to secure the obligations of a borrower. Personal guarantors play a pivotal role in securing loans for businesses and facilitating economic activities. The liability pertaining to the personal guarantors under Insolvency Bankruptcy Code, 2016 (hereinafter referred to as the “IBC”) has evolved […] Read More

Colourable (in)actions- Stay on Conviction as a way Around for Disqualification

Introduction The Hon’ble Supreme Court through its judicial activism and judgements concerning The Representation of the People Act, 1951 (Hereinafter referred to as ‘The Act’) has altered the operation and dynamics of Indian Polity. Owing to an expansive interpretation of Section 389(1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘The […] Read More

To Replicate or Not to Replicate: That is the question?

Introduction The Delhi High Court (Original Side) Rules, 2018 (“Original Side Rules”) were notified on 5th January, 2018, superseding and replacing the Delhi High Court (Original Side) Rules, 1967, specifically with the intent to cater to the change in laws and in particular the Commercial Courts Act, 2015. These Rules, as a special law, contain […] Read More

“An Analytical Review of the Anil Kapoor Case: Balancing Fame and Privacy”

Anil Kapoor, a renowned Indian actor, recently initiated legal proceedings before the Delhi High Court seeking, inter alia, protection of his own image, likeness, persona, voice, and various other attributes of his personality against unauthorized exploitation of the same on the Internet .The actor filed the suit against various entities including proprietors of commercial establishments, […] Read More

Volume of Sale and Extent of Advertisement essential for establishing

The Hon’ble Supreme Court, in its recent Judgment, Brihan Karan Sugar Syndicate Private Limited Vs. Yashwantrao Mohite Krushna Sahakari Sakhar Karkhana [1], held that the volume of sale and extent of advertisement, of the product in question, will be a relevant consideration for deciding whether the Appellant (Plaintiff) had acquired reputation or goodwill. Facts of the […] Read More

Balancing Act: Competition Law and Intellectual Property Rights in India

India’s economic landscape has witnessed a significant transformation in recent decades, characterized by the rapid growth of innovative industries and the increasing importance of intellectual property rights (IPR). Simultaneously, the nation has been vigilant in maintaining a competitive market through its robust competition law framework. This article delves into the complex interplay between competition law […] Read More

Pro Tem deposits- An Emerging Trend in the Indian Standard Essential Patents Diaspora

What are Pro Tem Deposits? Ordinarily, in Indian Patent Litigation, a Patentee is either entitled to seek interim injunction or at the very least interim deposits to be made in its favour in lieu of an interim injunction, under the following specific provisions: Order XXXIX Rules 1& 2 of the Code of Civil Procedure, 1908 […] Read More

The value and worth of disclaimers in today’s personality rights landscape.

Frequently tucked away in the fine print or presented fleetingly at the beginning or end of a production, disclaimers serve as a means to protect creators from potential legal repercussions and navigate the intricate web of personality rights. The use of disclaimers in various forms of creative content is not a novel phenomenon; it has, […] Read More

Fastest Finger First? The Non-arbitrable Nature Of Consumer Disputes

The Consumer Protection Act stands as a beacon of consumer empowerment and protection in the modern era. In contrast to the Arbitration and Conciliation Act, which primarily addresses commercial disputes, the Consumer Protection Act places the well-being of individuals at the forefront by rolling the cog wheels of summary process while adjudicating on the veritable […] Read More

Working requirement under Indian Patent law: A toothless tiger?

Filing of patent working statements (Form 27s) in respect of granted Indian patents is a unique and significant, yet controversial, requirement under Indian patent jurisprudence. It is part of the patent bargain, i.e., patents should be worked in the countries where they are granted so that socio-economic benefits ensue therefrom. Lack of patent working can […] Read More

Assessing the Impact of Delhi High Court’s 2022 Patent Suits Rules- A Year’s Review

The Delhi High Court Rules Governing Patent Suits, 2022 (‘the Rules’), which were notified on 24th February 2022, have now been in effect for more than a year. This period allows us to assess its impact, appreciate the positive changes introduced by it, while also acknowledging areas that may still need improvements. In general, the […] Read More

Navigating the Intersection of Data Protection and Consumer Protection Laws in India

In the second instalment of our series delving into the jurisdictional overlap in India’s data protection landscape, we shift our focus to the intersection between consumer protection law and data protection law. Much like our previous exploration of the overlap between data protection and cyber security, this nexus raises questions regarding jurisdictional overlap between  regulatory […] Read More

Exploring Jurisdictional Overlap in India’s Data Protection Landscape

Amidst the substantial discourse concerning the provisions of the India’s Digital Personal Data Protection Act of 2023 (“DPDP Act”), a provision of considerable significance, particularly when viewed through the perspective of a litigator, has largely escaped attention. Section 38 of the Act provides that the “…provisions of this Act shall be in addition to and […] Read More

The Hon’ble Supreme Court recently addressed the question of universal / unlimited applicability of the doctrine of merger while deciding appeals filed by the builder/developer of a housing project (“Builder”) against an order passed by the National Consumer Disputes Redressal Commission (“NCDRC”). The impugned order directed the Builder to refund the amount collected from the […] Read More

Case name: Royal County Of Berkshire Polo Club Ltd & Ors Versus Lifestyle Equities C V & Ors (Neutral citation: 2023: DHC: 6156-DB) Background Lifestyle Equities, owner of the Beverly Hills Polo Club (BHPC) trademarks, had filed a commercial suit against Royal County of Berkshire Polo Club in the Delhi High Court in 2019, challenging […] Read More

In a significant development, the Hon’ble Delhi High Court has recently issued an injunction against the Defendant –Wow Momo Foods Private Limited, holding that the Defendant’s mark prima facie infringed the Plaintiff’s mark. Before discussing the dispute underlying the case, it’s important to take a glance at the respective marks of both the parties: The […] Read More

The case of design infringement before Delhi High Court was with respect to the contesting designs of the handi by the Plaintiff and the Defendant as shown below: The Court held this to be a clear case of design piracy and observed that the Defendant’s design was an obvious imitation of the Plaintiff’s design. It […] Read More



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