Arbitration can be invoked in respect of claims that are designated as Notified Claims
M/S Janta Associates & Co. Vs. Indian Oil Foundation & Anr. Petitioner – M/s Janta Associates and Co. Ktd. (JACL) Respondent 1 – Indian Oil Foundation (IOF) Respondent 2 – EIL Court- Delhi High Court The Petitioner filed a petition under S. 11 of the Arbitration and Conciliation Act 1996 (“Arbitration Act”) before the Delhi […]
Delhi High Court held that the Competition Commission of India’s jurisdiction was not ousted by a complaint related to the licensing of patents
Date of decision – 28th July 2022 FACTS OF THE CASE – An informant filed a complaint against Vifor International Ltd. (Vifor) before the Competition Commission of India (CCI) alleging that Vifor had been indulged in anti-competitive practices for sale and distribution of a patented drug that deals in iron deficiency. The anti-competitive practices included […]
No liability can be fixed on a shipowner for bunker supplies when he is not a party to the contract.
Applicant – Original defendant, owner of vessel Opponent – Original plaintiff, bunker supplier Date of decision – August 21, 2020 Facts of the case: In this case, the applicant ship-owner chartered his vessel to Lianyi Shipping Corporation (Lianyi). Lianyi hired bunkers during the charter period from Bo Hai (bunker supplier). The time charter agreement clearly […]
Perils of International Trade – Use of Bill of Lading for Sale of Goods
A significant portion of India’s trade depends on shipping transportation. Therefore, it is very important to take note of and understand the various elements involved in shipping transactions.
Priya Malay Sheth vs. VLCC Health Care Ltd
Citation: Commercial Arbitration Application No. 3094 of 2022 Facts of the case: The application before the Bombay High Court is a S. 11 application for appointment of an arbitral tribunal under the Arbitration and Conciliation Act, 1996 (hereinafter as “Arbitration Act”) for deciding the dispute that has arisen between the parties. Respondent – VLCC Applicant – […]
Funding Foreign Subsidiaries In India through External Commercial Borrowings
ECB are commercial loans that an eligible entity in India can raise from foreign investors. In light of the recent relaxation issued by Reserve Bank of India (“RBI”), ECB has positioned itself as an attractive option for Indian entities seeking funding from foreign investors.
Distinctive elements in an advertisement campaign can get protection under IP Laws
Through this Newsletter we are providing you insights on the concept of “trademark infringement” and its recent interpretation by the Indian courts.
Cox and Kings Limited v. SAP India Private Limited And Anr
Whether the doctrine of ‘Group of Companies’ apply to Respondent No. 1 and Respondent No.2 under the current circumstances?
Legal Reforms to implement and expedite S. 138 of NIA cases
Supreme Court has recently come out with guidelines on how to expedite S. 138 Of NIA cases. Welcoming the step, the authors Krrishan Singhania and Chirag Chachad give suggestions on how the law stands today and what jurisprudence has to be applied so that cases get disposed of faster.
Trademark application for the slogan “Party Like Gatsby” gets rejected in Singapore
Through this piece, we intend to become a resource for you by providing frequent updates on the Intellectual Property Right Law and hope that you find this information helpful.
In a recent decision given by the Delhi High Court it was ruled that ‘if the keywords used by someone to promote their business are already trademarked by a competitor, then it will lead to the violation of the competitor’s rights.’ It can be observed through the aforementioned rule that the judiciary strives towards maintaining a balance between providing protection to the Intellectual property right holders and the promotion/development of art, culture and technology in the country.
The following judgments throw light upon the international jurisprudence with respect to ‘infringement’ in the field of trademark, copyright, patent and design. It emphasizes the methods in which the courts have scrutinized the facts and aimed to protect the palpable human creations and ideas.
