Parties To A Foreign Arbitration May Apply For Interim Relief Under Section 9 Of The Arbitration & Conciliation Act Unless Expressly Excluded By Parties
In the case of Medima Llc V. Balasore Alloys Limited [AP/267/2021] The Parties to the case had entered into an agreement which laid down that the disputes were to be referred to the International Chamber of Commerce (“ICC”). The parties chose English law as the governing law and the seat of Arbitration was London, UK. […]
Insights into the New Draft Guidelines for Surrogate Marketing
Surrogate advertising is used to endorse a brand or product, that is otherwise restricted, in the disguise of a substitute product or brand extension. In India, surrogate advertising of tobacco, liquor, pan masala and gutka takes place due to restrictions on the sale and marketing of these products. India has always been a lucrative market […]
Who will have the legislative power over ‘Cooperative Societies’?
This judgement shall provide a major boost for federalism as it acknowledges the exclusive authority of States over its co-operative societies, a sector which is a strong contributor to the country’s economy. The judgement consciously avoided touching certain aspects of the 97th Amendment Act, 2011 such as Article 19(1)(c) and Article 43B which are important for the functioning of cooperative societies in India. The former provides the fundamental right to every citizen to form associations in the nature of cooperative societies and the latter (a directive policy) directs the State to promote voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies.
Two different patents cannot be awarded to same patent: Delhi High Court
A Division Bench of the Delhi High Court, in AstraZeneca Ab v. Intas Pharmaceuticals Ltd., dismissed the appeals made by the appellant against the orders of Single Judge Bench, where an injunction was denied. Astrazeneca made nine pleas seeking injunction against the sale of ‘Dapagliflozin’ (DAPA), an anti-diabetes drug manufactured by generic pharma companies like […]
COMPULSORY LICENSING OF ESSENTIAL DRUGS AMIDST THE PANDEMIC
The question of compulsory licensing of essential drugs has come to the fore in light of the recent shortage of drugs following the surge in COVID-19 cases across India. Numerous drugs used in the treatment of COVID-19 such as Remdesivir, Favipiravir and Tocilizumab are under patents. Patent protection has often been regarded as a major […]
A New Retrospective Taxation Claim Launched Against India
Earlyguard, a British subsidiary of the Japanese conglomerate Mitsui & Co, has commenced Arbitration against India, under the India-UK Bilateral Investment Treaty after the Indian tax authorities raised a retrospective tax claim of Rs 2,400-crore (US$342 million) on a transaction that took place back in the year 2007. The said transaction was over the […]
PERSONAL GUARANTORS/PROMOTERS FACE UNCERTAINTY IN LIGHT OF LANDMARK SUPREME COURT RULING
INTRODUCTION The Supreme Court, in Lalit Kumar Jain vs Union of India 1 has upheld resolution proceedings against personal guarantors. Let us try to understand why. Lending practices in India are in some measure dependent on the personal reputation and stake of the promoters or directors of a company. Leveraging this goodwill and confidence they […]
The Model Tenancy Act, 2020: A blessing for homeowners and developers
On 2nd June, 2021 the Union Cabinet gave ascent to the Model Tenancy Act (MTA) for circulation to the states and union territories for adoption. The main aim of this act will be to open up vacant housing stock for rental housing purposes and to establish a policy to heal the trust deficit between landlords […]
USA supports waiver of IP protections for Covid-19 vaccines
In a reversal of stance, the American government announced its support for waiver of IP protections on Covid-19 vaccines on 5th May 2021. The government also assured active participation of its administration in the WTO negotiations needed to ensure such waiver. This proposal for waiver has been subject to criticism by the European Union, which […]
KEY LEGAL ISSUES AFFECTING BRANDS
Branding is a process of creating a strong, positive perception of your company, and its products in your customer’s mind by combining elements such as logo, design or consistent theme throughout all marketing communications. Today, a ‘brand’ has become the most valuable strategic asset of a company. According to latest report in 2021 by Brand […]
