April 8, 2024
Laram Law
Critical changes in FDI, Competition Law, SEBI’s new guidelines, Direct Listing provisions, and RBI clarifications on AIF investments.
India Opens Space Sector for Foreign Investment
Read More
March 8, 2024
Laram Law
Expanding Horizons: Court’s Stance on Arbitral Authority and Damages
The legislative intent while drafting the Arbitration and Conciliation Act, 1996, was to narrow the ambit of the Courts while considering appeals from arbitration awards. Nevertheless, one has s...
Read More
February 16, 2024
Laram Law
IPR Legal Update: Navigating Recent Copyright and Patent Law Developments in India
Novex Communications Pvt Ltd. Vs Trade Wings Hotels Ltd (Commercial Suit No. 264 of 2022) and Phonographic Performance Ltd. V/s Bunglow 9 and 99 Ors. (Commercial Suit No. 363 of 2019) Read More
January 2, 2024
Laram Law
Latest Corporate Law Insights:
PART-A: COMPANY LAW UPDATES
MCA notifies the Companies (Management and Administration) Second Amendment Rules, 2023 T... Read More
December 7, 2023
Laram Law
Shaping India’s Legal Fabric
In the 90 years of his lifetime, Mr. D.C. Singhania was known to be a philanthropist, educator and most importantly a visionary. In these 65 years of legal practice, his vision and far ... Read More
October 10, 2023
Laram Law
Insightful Exploration into Recent Arbitration Cases in India – Sep & Oct 2023
The Supreme Court of India holds that the power of the court to modify an award is limited to the terms as prescribed under section 34 of the Arbitration and Conciliation Act, 1996.... Read More
August 5, 2023
Laram Law
RECENT LANDMARK RULINGS IN ARBITRATION
Introduction
When one enters into a governmental contract, more often than not, it is a standard template with a standard dispute resolution clause, usually arbitration, with very little ... Read More
September 14, 2023
Laram Law
IPR Spotlight: Key Judgements from July & August in India
Google LLC v. DRS Logistics (P) Ltd. 2023 SCC OnLine Del 4809:
FACTS
DRS Logistics (P) Ltd. (DRS) is a company that provides carriage for goods, p...
Read More
July 12, 2023
Laram Law
IPR NEWSLETTER JULY 2023
CASE TITLE -
Super Cassettes Industries Private Limited Vs. RBEP Entertainment Private Limited and others COMMERCIAL IP SUIT NO.464 OF 2022
Along with
Hungam...
Read More
June 21, 2023
Laram Law
Why Shipping Companies cannot afford to Ignore Environmental and Social Responsibilities
In an era marked by increasing concerns over environmental, social, and governance (ESG) issues, shipping companies find themselves at a crossroads, as they need to prioritize between profits and s...
Read More
May 29, 2023
Laram Law
IPR NEWSLETTER MAY 2023
CASE TITLE -
Indian Performing Right Society Limited vs. Rajasthan Patrika Pvt. Ltd. and Indian Performing Right Society Limited vs. Music Broadcast Limited (28...
Read More
March 27, 2023
Laram Law
Delhi High court adopts a broader interpretation to amend the claims as originally filed in the Patent application
CASE TITLE – Allergan INC vs Controller of Patents, C.A. (COMM. IPD-PAT) 22/2021,
FACTS OF THE CASE –
Hon’ble Delhi High Court has overturned an...
Read More
February 14, 2023
Laram Law
FAQs – ARBITRATION OF IPR DISPUTES IN INDIA
Globalisation, advancement of technology and innovation, and creation of world renowned brands, has made dispute resolution of IPR disputes more complex. Patents or trademarks may be registered ...
Read More
January 17, 2023
Laram Law
IPR DEVELOPMENTS – 2022
There is no infringement of trademarks when the marks are derived from the active ingredient of a drug
In the case of “Sun Pharmaceutical Laboratories v. Hetero Healthcare Ltd. and Anr... Read More
December 13, 2022
Laram Law
Delhi High Court grants an ad interim ex parte order to protect Amitabh Bachchan’s Personality rights
CASE TITLE
Amitabh Bachchan v. Rajat Nagi [CS (COMM) 819 of 2022],FACTS OF THE CASE
The brief facts of the case are that th... Read More
January 3, 2023
Laram Law
Top 10 developments in ADR in India – 2022
Arbitration as a method of dispute resolution has only been growing from strength to strength in India and has been firmly established as an alternative to litigation tha...
Read More
November 8, 2022
Laram Law
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 Read More
October 17, 2022
Laram Law
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 Comp... Read More
September 23, 2022
Laram Law
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 Read More
September 7, 2022
Laram Law
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 appointme... Read More
August 3, 2022
Laram Law
Distinctive elements in an advertisement campaign can get protection under IP Laws
The Hon’ble Delhi High Court held that an advertising campaign can be granted protection under Intellectual Property Laws, if the elements in the said campaign are distinctive and satisfies the thr...
Read More
July 5, 2022
Laram Law
Cox and Kings Limited v. SAP India Private Limited And Anr
Citation: ARBITRATION PETITION (CIVIL) NO. 38 OF 2020
Judgement Date: 06.05.2022
Facts of the case:
Applicant (Cox and Kings Limited) and Respondent no. 1(SAP India Pv...
Read More
June 4, 2022
Laram Law
Trademark application for the slogan “Party Like Gatsby” gets rejected in Singapore
The Intellectual Property Office of Singapore rejected the Ex parte hearing of Trademark application for the slogan “PARTY LIKE GATSBY” as the slogans are a category of marks for which it is o...
Read More
June 3, 2022
Laram Law
Protection for individual words used in a registered trademark
The case of HAMDARD NATIONAL FOUNDATION (INDIA) & ANR. vs. SADAR LABORATORIES PVT. LIMITED, also known as ROOH AFZA vs. DIL AFZA, is a classic example of seeking protection for individual words...
Read More
May 9, 2022
Laram Law
Gujarat Housing Board & Anr. VS. Vandemataram Projects Private Limited
Citation - Civil Appeal No. 2093/2022
Judgment date - 21.03.2022
Facts of the case:
In the month of January 2018, the Gujarat Housing Board ("Appellant Read More
April 6, 2022
Laram Law
Trade Marking The Golden Foil Wrapper Of Lindt’s Chocolate Bunny
One of the products of the Lindt and Sprüngli group (Plaintiff) is the "Lindt-Goldhase" (Lindt Gold Bunny). It is a sitting chocolate bunny wrapped in a golden foil packaging. They have been using ...
Read More
March 9, 2022
Laram Law
UHL Power Company Ltd. Vs. State of Himachal Pradesh
Facts of the case:
A sole arbitrator had awarded a sum of Rupees 26,08,89,107.35/- in favour of UHL Power Company Ltd. (“UHL”) towards expenses claimed along with pre-claim interes... Read More
February 11, 2022
Laram Law
Determination of territorial jurisdiction of Court in matters relating to trademark infringement
Delhi High Court | Copenhagen Hospitality and Retail v. A.R. Impex
In recent matter of Copenhagen Hospitality and Retail v. A.R. Impex it is held that ...
Read More
January 10, 2022
Laram Law
Sripati Singh VS. State of Jharkhand and Anr. (2021 SCC Online SC 1002)
Facts of the case:
In the case on hand, the Appellant advanced a sum of INR 2 Crores to the Respondent No. 2 as a loan who had assured that the same shall be repaid to him at a la...
Read More
December 4, 2021
Laram Law
Latest cases on Copyright laws and proposals on IPR
Newslaundry’s YouTube channel was taken down after India Today reported a 'copyright violation.'
News laundry, who is an independent news media organization, claims that... Read More
December 3, 2021
Laram Law
Latest updates on Indian Trademark Law
Breezer v. Freez Mix
The Delhi High Court on 12th November 2021 granted interim relief to alcohol manufacturer Bacardi (plaintiff) in a trademark dispute relat... Read More
November 25, 2021
Laram Law
Well-known trademarks enjoy enhanced protection
The Italian Supreme Court, in a matter relating to trademark infringement of the popular brand ‘Gucci’ has put forth the opinion that, it makes no difference whether those who are accustomed to pur...
Read More
November 8, 2021
Laram Law
November Arbitration Newsletter
S.P. Singla Constructions Private Limited V. Construction And Design Services, Uttar Pradesh Jal Nigam [ARB.P. 450/2021]
FACTS:
The partie...
Read More
October 8, 2021
Laram Law
Amul Succeeds in waving its flag of Victory in Canada
Marking a first for India's dairy giant Amul, the Canadian Federal Court on June 22, ruled in its favour that a brand named 'Amul Canada' had infringed on Amul's copyright by advertising their prod...
Read More
September 29, 2021
Laram Law
Bombay High Court Resolves the Conflict between Admiralty and Insolvency Law
Introduction
The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (“Admiralty Act”) is a special law which aims to consolidate the laws relati...
Read More
September 7, 2021
Laram Law
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 ref...
Read More
August 10, 2021
Laram Law
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...
Read More
July 12, 2021
Laram Law
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 ...
June 8, 2021
Laram Law
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...
Read More
May 5, 2021
Laram Law
India Challenges the Cairn Arbitration Award
April 4, 2021
Laram Law
Transferring the IPAB Jurisdiction to commercial courts! Will it ensure speedy justice?
A draft bill has been introduced in the Lok Sabha which proposed to close down the Intellectual Property Appellate Board (IPAB) for good. The Tribunals Reforms (Rationalisation and Conditions of Se...
Read More
March 9, 2021
Laram Law
Non Payment of stamp duty on the commercial contract will not invalidate the arbitration agreement
In a significant development, Hon’ble Supreme Court has held that non- payment of stamp duty on the commercial contract will not invalidate the arbitration agreement. This judgment...
February 23, 2021
Laram Law
After saffron, J&K seeks GI tag for gucchi mushroom
A Geographical Indication tag has been sought for Gucchi, also known as Morel, one of the world’s most expensive mushrooms growing in Kashmir’s Doda district, valued at ove...
January 1, 2021
Laram Law
Arbitration judgments passed by Indian courts in Nov and Dec 2020
In a significant development, Hon’ble Supreme Court had held that Landlord- tenant disputes under Transfer of Property Act are arbitrable. While it will be interesting to see ho...
Read More
December 2, 2020
Laram Law
This time the tussle is over Basmati Rice
Even amidst these challenging times, the world has been witnessing incredible advances in science, technology and innovation. There is news that a vaccine wil...
Read More
November 22, 2020
Laram Law
Newsletter on Arbitration (October 2020)
In the midst of pandemic, with easing of restrictions, Industries and Companies are trying to get back on the wagon. However, this has also given rise to tr...
Read More
October 3, 2020
Laram Law
Register your trademark – prevent the risk of squatting
Sony Play Station 5’s name has been Trademarked in India, except it wasn’t Sony who is the Applicant
When gamers around the world were eagerly awaiting the release of S...
Read More
September 22, 2020
Laram Law
New Rules for the Changed World
On 11th August 2020, the LCIA unveiled the long-awaited update to its Arbitration Rules (LCIA 2020 Rules). The LCIA 2020 Rules will become effective on 1 October 2020 and will a...
Read More
August 8, 2020
Laram Law
IPR Newsletter
While the world looks forward to unlocking themselves from the lockdown due to Covid-19, the Indian business are also taking steps to safeguard their Intellectual ...
Read More
July 21, 2020
Laram Law
Newsletter on Arbitration (June-July, 2020)
In a significant development, the Bombay High Court appointed arbitral tribunal awarded a compensation of ₹4814.67 Crore plus 10% interest from 2012 to Deccan Charge...
Read More
July 20, 2020
Laram Law
Newsletter: Intellectual Property Laws
The field of Intellectual Property laws has not been untouched by the raging pandemic. However, the Indian IP Office has been adapting to these changing times and is facilitating electronic fili...
Read More
June 21, 2020
Laram Law
Arbitration & COVID-19
The imposition of lockdown has significantly impacted the dispute resolution procedures. Arbitration is considered as more flexible dispute resolution procedure and hence t...
Read More
May 4, 2020
Laram Law
Changes notified for Foreign Direct Investment
On 17th April, 2020, Press Note 3 was released by the Department for Promotion of Industry and Internal Trade (DPIIT). Press Note 3 of 2020 revised the following earlier po...
Read More
May 2, 2020
Laram Law
Company law compliances adapting to these virtual times!
Between May 13-16, 2020, the Finance Minister announced a slew of relief measures to fight through these difficult times. COVID-19 has made it difficult for companies to adh...
Read More
May 1, 2020
Laram Law
India is on a path of reform
India is on a path of reform and the corporate law sector is not untouched from this spirit. The first tranche of the relief package announced by the Finance Minister was focused on bringing up the...
Read More
February 1, 2020
Laram Law
The story of distinction between seat and venue
The Courts exercise supervisory jurisdiction over the arbitration proceedings. This supervision is limited to granting interim measures, appointment of arbitrator, assis...
Read More
December 20, 2019
Laram Law
India- IPR friendly nation
In the recent times, India has been trying to establish itself as an Intellectual Property Rights (IPR) friendly nation in the world, by defining its standards as per t...
Read More
December 13, 2019
Laram Law
2019: The Changing Dimensions of IBC
The recent developments in the Insolvency and Bankruptcy Code has dynamically changes the way the code shall be governed in the future. The NCLT, NCLAT and Supreme Court have passed several landmar...
Read More
November 20, 2019
Laram Law
IP Law and Growing Technology
India is paving its way ahead in the field of innovation and technology and was recently ranked among the top 15 countries in relation to intellectual property (IP) fil...
Read More
October 20, 2019
Laram Law
Recent Judgments in Construction Arbitration
Arbitration is becoming a favored dispute resolution process in the infrastructure sector owing to the complexities of construction disputes. The challenges faced durin...
Read More
September 20, 2019
Laram Law
Recent Judgements Affecting the Arbitration Regime
The Madras High Court in 2016 held that mere designation of seat by parties does not oust the jurisdiction of other courts. However within few days, the Apex Court over...
Read More
August 20, 2019
Laram Law
E-commerce platforms restrained from enabling sale of products of ‘direct selling’ companies without their consent
M/s Amway India Enterprises Pvt. Ltd., M/s Modicare Ltd. and M/s Oriflame India Pvt. Ltd. (plaintiffs) filed a batch of seven suits against various e-commerce platforms...
Read More
Laram Law
Evolving Laws to protect Intellectual Property Rights
In this case Dish TV India Ltd. (plaintiff) had filed a suit for permanent injunction restraining Prasar Bharti (defendant) from infringing the trade mark ‘Dish TV’ by adop...
Read More
August 7, 2019
Laram Law
Copyright protection given to “cinematographic films” is at par with other original works.
Yash Raj Films Pvt. Ltd. (plaintiff) filed a copyright infringement case against Sri Sai Ganesh Productions & Ors. (defendant) alleging that the Telugu movie, Jabar...
Read More
August 1, 2019
Laram Law
Does copyright exist in a ‘title’ of a literary work in isolation?
A movie titled ‘Kolaiyuthir Kalam’ which roughly translates to ‘Season of Death/Murders’ starring Nayanthara was in dispute not because of its storyline but because of ...
Read More
June 2, 2019
Laram Law
Media Law & Fashion Law in India
Intellectual property law and the law governing the media are rapidly evolving while becoming increasingly complex. In the age of rapid social media advancement, protection...
Read More
April 20, 2019
Laram Law
Recent judgement affecting the arbitration regime
Recently, the Bombay High Court ruled that stamping of document is not necessary for the appointment of arbitrator. However, within few days post this judgment, the Ape...
Read More
March 20, 2019
Laram Law
Intellectual Property Rights: What’s in a name?
The beginning of this year has seen major developments in the IP Sector. From the Cinematograph (Amendment) Bill, 2019, which has introduced penal provisions for unauth...
Read More
February 16, 2019
Laram Law
The Insolvency and Bankruptcy Code at work
In 2016, India embarked on its journey of building a dedicated framework for resolving cases involving insolvency and bankruptcy, and in no time the National Company Law Tr...
Read More
January 17, 2019
Laram Law
Arbitration – Institution Rules Update
Hong Kong International Arbitration Centre introduces New Rules
The 2013 Hong Kong rules have been revised to add provisions for use of technology to benefit the ...
Read More
January 12, 2019
Laram Law
Issuance of New Rules of the Court of International Commercial Arbitration
Chamber of Commerce and Industry of Romania
In Romania, the Rules of the Court of International Commercial Arbitration which are linked with the Chamber of Commer...
Read More
January 5, 2019
Laram Law
Settlement of disputes in Draft Withdrawal Agreement on Brexit
The Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community unveiled ...
Read More
January 2, 2019
Laram Law
A paradigm shift – Intellectual Property Rights in India
Last year was driven by introducing new technologies in the IPR circuit in India, the most significant of them all being the proposal of the Controller General of Patents, Desig...
Read More
January 1, 2019
Laram Law
Arbitration – Institution Rules Update
Japan Commercial Arbitration issues new sets of Arbitration Rules Japan Commercial Arbitration Association announced issuance of three sets of Arbitration Rules for public ...
Read More
December 2, 2018
Laram Law
Global International Arbitration Update
In arbitration, the main elements are enquiry, hearing of parties, examination of evidence and adjudication of the dispute. Enforcement of an arbitral award is essential. O...
Read More
November 3, 2018
Laram Law
Domestic Judgments affecting Arbitration regime of India
If one finds it challenging to enforce a commercial contract, then rest of the aspect of ease of doing business becomes significantly less relevant. Enforcement of con...
Read More
October 12, 2018
Laram Law
Strengthening IPR policy to foster innovation
India has introduced various reforms in the recent years ensuring credibility with the potential investors and strategic partners for encouraging them to invest in India. S...
Read More
September 6, 2018
Laram Law
Rethinking legislative framework for settling disputes
The Arbitration & Conciliation (Amendment) Act, 2015, did not address certain key issues such as importance of institutional arbitrations at a time when internation...
Read More
June 8, 2018
Laram Law
Incorporating more stringent compliances
Corporate Law governs the rights, relations and conduct of persons, companies, organizations and businesses and regulates the interaction between corporations, investors, s...
Read More
May 5, 2018
Laram Law
Protecting Intangible Creations
Creating Awareness of IPR
This newsletter aims to include the latest updates in the IP segment and recent statutory developments in this regard for creating ...
Read More
April 19, 2018
Laram Law
The Bankruptcy Code is Evolving
In May 2016, India enacted the Insolvency and bankruptcy code, as a major legal reform. The new framework is the time bound process in which cases are admitted and are ...
Read More
February 2, 2018
Laram Law
Competition Law Framework
The Competition Commission of India (‘CCI’) is a market regulator, it does not decide between parties but rather takes note of an anti-comp...
Read More
January 3, 2018
Laram Law
Intellectual Property
Over the years, stringent IPR protection laws have encouraged tremendous foreign investments and efforts in the areas of applied science whereby we overcome numerous ch...
Read More
October 19, 2017
Laram Law
Arbitration and Conciliation (Amendment) Act, 2015
The Arbitration and Conciliation (Amendment) Act, 2015 had brought about prudent modifications in manner of appointment of an Arbitrator, reduced timelines for resolving com...
Read More
September 19, 2017
Laram Law
Intellectual Property Rights (IPR)
The Intellectual Property Rights (IPR) provides for regulatory framework to safeguard the interest of the entities indulged in creativity and innovation for which it has bee...
Read More
February 21, 2024
Laram Law
Protecting Brands In India And Europe: Comparison Of Trademarks Laws
Recently, India and Europe have bolstered economic ties, fostering increased cross-border business. The European Union stands as India’s third largest trading partner, accounting for about 11 perce...
Read More
April 8, 2024
Laram Law
Critical changes in FDI, Competition Law, SEBI’s new guidelines, Direct Listing provisions, and RBI clarifications on AIF investments.
India Opens Space Sector for Foreign Investment
Read More
March 8, 2024
Laram Law
Expanding Horizons: Court’s Stance on Arbitral Authority and Damages
The legislative intent while drafting the Arbitration and Conciliation Act, 1996, was to narrow the ambit of the Courts while considering appeals from arbitration awards. Nevertheless, one has s...
Read More
February 16, 2024
Laram Law
IPR Legal Update: Navigating Recent Copyright and Patent Law Developments in India
Novex Communications Pvt Ltd. Vs Trade Wings Hotels Ltd (Commercial Suit No. 264 of 2022) and Phonographic Performance Ltd. V/s Bunglow 9 and 99 Ors. (Commercial Suit No. 363 of 2019) Read More
January 2, 2024
Laram Law
Latest Corporate Law Insights:
PART-A: COMPANY LAW UPDATES
MCA notifies the Companies (Management and Administration) Second Amendment Rules, 2023 T... Read More
December 7, 2023
Laram Law
Shaping India’s Legal Fabric
In the 90 years of his lifetime, Mr. D.C. Singhania was known to be a philanthropist, educator and most importantly a visionary. In these 65 years of legal practice, his vision and far ... Read More
October 10, 2023
Laram Law
Insightful Exploration into Recent Arbitration Cases in India – Sep & Oct 2023
The Supreme Court of India holds that the power of the court to modify an award is limited to the terms as prescribed under section 34 of the Arbitration and Conciliation Act, 1996.... Read More
August 5, 2023
Laram Law
RECENT LANDMARK RULINGS IN ARBITRATION
Introduction
When one enters into a governmental contract, more often than not, it is a standard template with a standard dispute resolution clause, usually arbitration, with very little ... Read More
September 14, 2023
Laram Law
IPR Spotlight: Key Judgements from July & August in India
Google LLC v. DRS Logistics (P) Ltd. 2023 SCC OnLine Del 4809:
FACTS
DRS Logistics (P) Ltd. (DRS) is a company that provides carriage for goods, p...
Read More
July 12, 2023
Laram Law
IPR NEWSLETTER JULY 2023
CASE TITLE -
Super Cassettes Industries Private Limited Vs. RBEP Entertainment Private Limited and others COMMERCIAL IP SUIT NO.464 OF 2022
Along with
Hungam...
Read More
June 21, 2023
Laram Law
Why Shipping Companies cannot afford to Ignore Environmental and Social Responsibilities
In an era marked by increasing concerns over environmental, social, and governance (ESG) issues, shipping companies find themselves at a crossroads, as they need to prioritize between profits and s...
Read More
May 29, 2023
Laram Law
IPR NEWSLETTER MAY 2023
CASE TITLE -
Indian Performing Right Society Limited vs. Rajasthan Patrika Pvt. Ltd. and Indian Performing Right Society Limited vs. Music Broadcast Limited (28...
Read More
March 27, 2023
Laram Law
Delhi High court adopts a broader interpretation to amend the claims as originally filed in the Patent application
CASE TITLE – Allergan INC vs Controller of Patents, C.A. (COMM. IPD-PAT) 22/2021,
FACTS OF THE CASE –
Hon’ble Delhi High Court has overturned an...
Read More
February 14, 2023
Laram Law
FAQs – ARBITRATION OF IPR DISPUTES IN INDIA
Globalisation, advancement of technology and innovation, and creation of world renowned brands, has made dispute resolution of IPR disputes more complex. Patents or trademarks may be registered ...
Read More
January 17, 2023
Laram Law
IPR DEVELOPMENTS – 2022
There is no infringement of trademarks when the marks are derived from the active ingredient of a drug
In the case of “Sun Pharmaceutical Laboratories v. Hetero Healthcare Ltd. and Anr... Read More
December 13, 2022
Laram Law
Delhi High Court grants an ad interim ex parte order to protect Amitabh Bachchan’s Personality rights
CASE TITLE
Amitabh Bachchan v. Rajat Nagi [CS (COMM) 819 of 2022],FACTS OF THE CASE
The brief facts of the case are that th... Read More
January 3, 2023
Laram Law
Top 10 developments in ADR in India – 2022
Arbitration as a method of dispute resolution has only been growing from strength to strength in India and has been firmly established as an alternative to litigation tha...
Read More
November 8, 2022
Laram Law
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 Read More
October 17, 2022
Laram Law
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 Comp... Read More
September 23, 2022
Laram Law
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 Read More
September 7, 2022
Laram Law
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 appointme... Read More
August 3, 2022
Laram Law
Distinctive elements in an advertisement campaign can get protection under IP Laws
The Hon’ble Delhi High Court held that an advertising campaign can be granted protection under Intellectual Property Laws, if the elements in the said campaign are distinctive and satisfies the thr...
Read More
July 5, 2022
Laram Law
Cox and Kings Limited v. SAP India Private Limited And Anr
Citation: ARBITRATION PETITION (CIVIL) NO. 38 OF 2020
Judgement Date: 06.05.2022
Facts of the case:
Applicant (Cox and Kings Limited) and Respondent no. 1(SAP India Pv...
Read More
June 4, 2022
Laram Law
Trademark application for the slogan “Party Like Gatsby” gets rejected in Singapore
The Intellectual Property Office of Singapore rejected the Ex parte hearing of Trademark application for the slogan “PARTY LIKE GATSBY” as the slogans are a category of marks for which it is o...
Read More
June 3, 2022
Laram Law
Protection for individual words used in a registered trademark
The case of HAMDARD NATIONAL FOUNDATION (INDIA) & ANR. vs. SADAR LABORATORIES PVT. LIMITED, also known as ROOH AFZA vs. DIL AFZA, is a classic example of seeking protection for individual words...
Read More
May 9, 2022
Laram Law
Gujarat Housing Board & Anr. VS. Vandemataram Projects Private Limited
Citation - Civil Appeal No. 2093/2022
Judgment date - 21.03.2022
Facts of the case:
In the month of January 2018, the Gujarat Housing Board ("Appellant Read More
April 6, 2022
Laram Law
Trade Marking The Golden Foil Wrapper Of Lindt’s Chocolate Bunny
One of the products of the Lindt and Sprüngli group (Plaintiff) is the "Lindt-Goldhase" (Lindt Gold Bunny). It is a sitting chocolate bunny wrapped in a golden foil packaging. They have been using ...
Read More
March 9, 2022
Laram Law
UHL Power Company Ltd. Vs. State of Himachal Pradesh
Facts of the case:
A sole arbitrator had awarded a sum of Rupees 26,08,89,107.35/- in favour of UHL Power Company Ltd. (“UHL”) towards expenses claimed along with pre-claim interes... Read More
February 11, 2022
Laram Law
Determination of territorial jurisdiction of Court in matters relating to trademark infringement
Delhi High Court | Copenhagen Hospitality and Retail v. A.R. Impex
In recent matter of Copenhagen Hospitality and Retail v. A.R. Impex it is held that ...
Read More
January 10, 2022
Laram Law
Sripati Singh VS. State of Jharkhand and Anr. (2021 SCC Online SC 1002)
Facts of the case:
In the case on hand, the Appellant advanced a sum of INR 2 Crores to the Respondent No. 2 as a loan who had assured that the same shall be repaid to him at a la...
Read More
December 4, 2021
Laram Law
Latest cases on Copyright laws and proposals on IPR
Newslaundry’s YouTube channel was taken down after India Today reported a 'copyright violation.'
News laundry, who is an independent news media organization, claims that... Read More
December 3, 2021
Laram Law
Latest updates on Indian Trademark Law
Breezer v. Freez Mix
The Delhi High Court on 12th November 2021 granted interim relief to alcohol manufacturer Bacardi (plaintiff) in a trademark dispute relat... Read More
November 25, 2021
Laram Law
Well-known trademarks enjoy enhanced protection
The Italian Supreme Court, in a matter relating to trademark infringement of the popular brand ‘Gucci’ has put forth the opinion that, it makes no difference whether those who are accustomed to pur...
Read More
November 8, 2021
Laram Law
November Arbitration Newsletter
S.P. Singla Constructions Private Limited V. Construction And Design Services, Uttar Pradesh Jal Nigam [ARB.P. 450/2021]
FACTS:
The partie...
Read More
October 8, 2021
Laram Law
Amul Succeeds in waving its flag of Victory in Canada
Marking a first for India's dairy giant Amul, the Canadian Federal Court on June 22, ruled in its favour that a brand named 'Amul Canada' had infringed on Amul's copyright by advertising their prod...
Read More
September 29, 2021
Laram Law
Bombay High Court Resolves the Conflict between Admiralty and Insolvency Law
Introduction
The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (“Admiralty Act”) is a special law which aims to consolidate the laws relati...
Read More
September 7, 2021
Laram Law
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 ref...
Read More
August 10, 2021
Laram Law
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...
Read More
July 12, 2021
Laram Law
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 ...
June 8, 2021
Laram Law
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...
Read More
May 5, 2021
Laram Law
India Challenges the Cairn Arbitration Award
April 4, 2021
Laram Law
Transferring the IPAB Jurisdiction to commercial courts! Will it ensure speedy justice?
A draft bill has been introduced in the Lok Sabha which proposed to close down the Intellectual Property Appellate Board (IPAB) for good. The Tribunals Reforms (Rationalisation and Conditions of Se...
Read More
March 9, 2021
Laram Law
Non Payment of stamp duty on the commercial contract will not invalidate the arbitration agreement
In a significant development, Hon’ble Supreme Court has held that non- payment of stamp duty on the commercial contract will not invalidate the arbitration agreement. This judgment...
February 23, 2021
Laram Law
After saffron, J&K seeks GI tag for gucchi mushroom
A Geographical Indication tag has been sought for Gucchi, also known as Morel, one of the world’s most expensive mushrooms growing in Kashmir’s Doda district, valued at ove...
January 1, 2021
Laram Law
Arbitration judgments passed by Indian courts in Nov and Dec 2020
In a significant development, Hon’ble Supreme Court had held that Landlord- tenant disputes under Transfer of Property Act are arbitrable. While it will be interesting to see ho...
Read More
December 2, 2020
Laram Law
This time the tussle is over Basmati Rice
Even amidst these challenging times, the world has been witnessing incredible advances in science, technology and innovation. There is news that a vaccine wil...
Read More
November 22, 2020
Laram Law
Newsletter on Arbitration (October 2020)
In the midst of pandemic, with easing of restrictions, Industries and Companies are trying to get back on the wagon. However, this has also given rise to tr...
Read More
October 3, 2020
Laram Law
Register your trademark – prevent the risk of squatting
Sony Play Station 5’s name has been Trademarked in India, except it wasn’t Sony who is the Applicant
When gamers around the world were eagerly awaiting the release of S...
Read More
September 22, 2020
Laram Law
New Rules for the Changed World
On 11th August 2020, the LCIA unveiled the long-awaited update to its Arbitration Rules (LCIA 2020 Rules). The LCIA 2020 Rules will become effective on 1 October 2020 and will a...
Read More
August 8, 2020
Laram Law
IPR Newsletter
While the world looks forward to unlocking themselves from the lockdown due to Covid-19, the Indian business are also taking steps to safeguard their Intellectual ...
Read More
July 21, 2020
Laram Law
Newsletter on Arbitration (June-July, 2020)
In a significant development, the Bombay High Court appointed arbitral tribunal awarded a compensation of ₹4814.67 Crore plus 10% interest from 2012 to Deccan Charge...
Read More
July 20, 2020
Laram Law
Newsletter: Intellectual Property Laws
The field of Intellectual Property laws has not been untouched by the raging pandemic. However, the Indian IP Office has been adapting to these changing times and is facilitating electronic fili...
Read More
June 21, 2020
Laram Law
Arbitration & COVID-19
The imposition of lockdown has significantly impacted the dispute resolution procedures. Arbitration is considered as more flexible dispute resolution procedure and hence t...
Read More
May 4, 2020
Laram Law
Changes notified for Foreign Direct Investment
On 17th April, 2020, Press Note 3 was released by the Department for Promotion of Industry and Internal Trade (DPIIT). Press Note 3 of 2020 revised the following earlier po...
Read More
May 2, 2020
Laram Law
Company law compliances adapting to these virtual times!
Between May 13-16, 2020, the Finance Minister announced a slew of relief measures to fight through these difficult times. COVID-19 has made it difficult for companies to adh...
Read More
May 1, 2020
Laram Law
India is on a path of reform
India is on a path of reform and the corporate law sector is not untouched from this spirit. The first tranche of the relief package announced by the Finance Minister was focused on bringing up the...
Read More
February 1, 2020
Laram Law
The story of distinction between seat and venue
The Courts exercise supervisory jurisdiction over the arbitration proceedings. This supervision is limited to granting interim measures, appointment of arbitrator, assis...
Read More
December 20, 2019
Laram Law
India- IPR friendly nation
In the recent times, India has been trying to establish itself as an Intellectual Property Rights (IPR) friendly nation in the world, by defining its standards as per t...
Read More
December 13, 2019
Laram Law
2019: The Changing Dimensions of IBC
The recent developments in the Insolvency and Bankruptcy Code has dynamically changes the way the code shall be governed in the future. The NCLT, NCLAT and Supreme Court have passed several landmar...
Read More
November 20, 2019
Laram Law
IP Law and Growing Technology
India is paving its way ahead in the field of innovation and technology and was recently ranked among the top 15 countries in relation to intellectual property (IP) fil...
Read More
October 20, 2019
Laram Law
Recent Judgments in Construction Arbitration
Arbitration is becoming a favored dispute resolution process in the infrastructure sector owing to the complexities of construction disputes. The challenges faced durin...
Read More
September 20, 2019
Laram Law
Recent Judgements Affecting the Arbitration Regime
The Madras High Court in 2016 held that mere designation of seat by parties does not oust the jurisdiction of other courts. However within few days, the Apex Court over...
Read More
August 20, 2019
Laram Law
E-commerce platforms restrained from enabling sale of products of ‘direct selling’ companies without their consent
M/s Amway India Enterprises Pvt. Ltd., M/s Modicare Ltd. and M/s Oriflame India Pvt. Ltd. (plaintiffs) filed a batch of seven suits against various e-commerce platforms...
Read More
Laram Law
Evolving Laws to protect Intellectual Property Rights
In this case Dish TV India Ltd. (plaintiff) had filed a suit for permanent injunction restraining Prasar Bharti (defendant) from infringing the trade mark ‘Dish TV’ by adop...
Read More
August 7, 2019
Laram Law
Copyright protection given to “cinematographic films” is at par with other original works.
Yash Raj Films Pvt. Ltd. (plaintiff) filed a copyright infringement case against Sri Sai Ganesh Productions & Ors. (defendant) alleging that the Telugu movie, Jabar...
Read More
August 1, 2019
Laram Law
Does copyright exist in a ‘title’ of a literary work in isolation?
A movie titled ‘Kolaiyuthir Kalam’ which roughly translates to ‘Season of Death/Murders’ starring Nayanthara was in dispute not because of its storyline but because of ...
Read More
June 2, 2019
Laram Law
Media Law & Fashion Law in India
Intellectual property law and the law governing the media are rapidly evolving while becoming increasingly complex. In the age of rapid social media advancement, protection...
Read More
April 20, 2019
Laram Law
Recent judgement affecting the arbitration regime
Recently, the Bombay High Court ruled that stamping of document is not necessary for the appointment of arbitrator. However, within few days post this judgment, the Ape...
Read More
March 20, 2019
Laram Law
Intellectual Property Rights: What’s in a name?
The beginning of this year has seen major developments in the IP Sector. From the Cinematograph (Amendment) Bill, 2019, which has introduced penal provisions for unauth...
Read More
February 16, 2019
Laram Law
The Insolvency and Bankruptcy Code at work
In 2016, India embarked on its journey of building a dedicated framework for resolving cases involving insolvency and bankruptcy, and in no time the National Company Law Tr...
Read More
January 17, 2019
Laram Law
Arbitration – Institution Rules Update
Hong Kong International Arbitration Centre introduces New Rules
The 2013 Hong Kong rules have been revised to add provisions for use of technology to benefit the ...
Read More
January 12, 2019
Laram Law
Issuance of New Rules of the Court of International Commercial Arbitration
Chamber of Commerce and Industry of Romania
In Romania, the Rules of the Court of International Commercial Arbitration which are linked with the Chamber of Commer...
Read More
January 5, 2019
Laram Law
Settlement of disputes in Draft Withdrawal Agreement on Brexit
The Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community unveiled ...
Read More
January 2, 2019
Laram Law
A paradigm shift – Intellectual Property Rights in India
Last year was driven by introducing new technologies in the IPR circuit in India, the most significant of them all being the proposal of the Controller General of Patents, Desig...
Read More
January 1, 2019
Laram Law
Arbitration – Institution Rules Update
Japan Commercial Arbitration issues new sets of Arbitration Rules Japan Commercial Arbitration Association announced issuance of three sets of Arbitration Rules for public ...
Read More
December 2, 2018
Laram Law
Global International Arbitration Update
In arbitration, the main elements are enquiry, hearing of parties, examination of evidence and adjudication of the dispute. Enforcement of an arbitral award is essential. O...
Read More
November 3, 2018
Laram Law
Domestic Judgments affecting Arbitration regime of India
If one finds it challenging to enforce a commercial contract, then rest of the aspect of ease of doing business becomes significantly less relevant. Enforcement of con...
Read More
October 12, 2018
Laram Law
Strengthening IPR policy to foster innovation
India has introduced various reforms in the recent years ensuring credibility with the potential investors and strategic partners for encouraging them to invest in India. S...
Read More
September 6, 2018
Laram Law
Rethinking legislative framework for settling disputes
The Arbitration & Conciliation (Amendment) Act, 2015, did not address certain key issues such as importance of institutional arbitrations at a time when internation...
Read More
June 8, 2018
Laram Law
Incorporating more stringent compliances
Corporate Law governs the rights, relations and conduct of persons, companies, organizations and businesses and regulates the interaction between corporations, investors, s...
Read More
May 5, 2018
Laram Law
Protecting Intangible Creations
Creating Awareness of IPR
This newsletter aims to include the latest updates in the IP segment and recent statutory developments in this regard for creating ...
Read More
April 19, 2018
Laram Law
The Bankruptcy Code is Evolving
In May 2016, India enacted the Insolvency and bankruptcy code, as a major legal reform. The new framework is the time bound process in which cases are admitted and are ...
Read More
February 2, 2018
Laram Law
Competition Law Framework
The Competition Commission of India (‘CCI’) is a market regulator, it does not decide between parties but rather takes note of an anti-comp...
Read More
January 3, 2018
Laram Law
Intellectual Property
Over the years, stringent IPR protection laws have encouraged tremendous foreign investments and efforts in the areas of applied science whereby we overcome numerous ch...
Read More
October 19, 2017
Laram Law
Arbitration and Conciliation (Amendment) Act, 2015
The Arbitration and Conciliation (Amendment) Act, 2015 had brought about prudent modifications in manner of appointment of an Arbitrator, reduced timelines for resolving com...
Read More
September 19, 2017
Laram Law
Intellectual Property Rights (IPR)
The Intellectual Property Rights (IPR) provides for regulatory framework to safeguard the interest of the entities indulged in creativity and innovation for which it has bee...
Read More
February 21, 2024
Laram Law
Protecting Brands In India And Europe: Comparison Of Trademarks Laws
Recently, India and Europe have bolstered economic ties, fostering increased cross-border business. The European Union stands as India’s third largest trading partner, accounting for about 11 perce...
Read More
April 8, 2024
Laram Law
Critical changes in FDI, Competition Law, SEBI’s new guidelines, Direct Listing provisions, and RBI clarifications on AIF investments.
India Opens Space Sector for Foreign Investment
Read More
March 8, 2024
Laram Law
Expanding Horizons: Court’s Stance on Arbitral Authority and Damages
The legislative intent while drafting the Arbitration and Conciliation Act, 1996, was to narrow the ambit of the Courts while considering appeals from arbitration awards. Nevertheless, one has s...
Read More
February 16, 2024
Laram Law
IPR Legal Update: Navigating Recent Copyright and Patent Law Developments in India
Novex Communications Pvt Ltd. Vs Trade Wings Hotels Ltd (Commercial Suit No. 264 of 2022) and Phonographic Performance Ltd. V/s Bunglow 9 and 99 Ors. (Commercial Suit No. 363 of 2019) Read More
January 2, 2024
Laram Law
Latest Corporate Law Insights:
PART-A: COMPANY LAW UPDATES
MCA notifies the Companies (Management and Administration) Second Amendment Rules, 2023 T... Read More
December 7, 2023
Laram Law
Shaping India’s Legal Fabric
In the 90 years of his lifetime, Mr. D.C. Singhania was known to be a philanthropist, educator and most importantly a visionary. In these 65 years of legal practice, his vision and far ... Read More
October 10, 2023
Laram Law
Insightful Exploration into Recent Arbitration Cases in India – Sep & Oct 2023
The Supreme Court of India holds that the power of the court to modify an award is limited to the terms as prescribed under section 34 of the Arbitration and Conciliation Act, 1996.... Read More
August 5, 2023
Laram Law
RECENT LANDMARK RULINGS IN ARBITRATION
Introduction
When one enters into a governmental contract, more often than not, it is a standard template with a standard dispute resolution clause, usually arbitration, with very little ... Read More
September 14, 2023
Laram Law
IPR Spotlight: Key Judgements from July & August in India
Google LLC v. DRS Logistics (P) Ltd. 2023 SCC OnLine Del 4809:
FACTS
DRS Logistics (P) Ltd. (DRS) is a company that provides carriage for goods, p...
Read More
July 12, 2023
Laram Law
IPR NEWSLETTER JULY 2023
CASE TITLE -
Super Cassettes Industries Private Limited Vs. RBEP Entertainment Private Limited and others COMMERCIAL IP SUIT NO.464 OF 2022
Along with
Hungam...
Read More
June 21, 2023
Laram Law
Why Shipping Companies cannot afford to Ignore Environmental and Social Responsibilities
In an era marked by increasing concerns over environmental, social, and governance (ESG) issues, shipping companies find themselves at a crossroads, as they need to prioritize between profits and s...
Read More
May 29, 2023
Laram Law
IPR NEWSLETTER MAY 2023
CASE TITLE -
Indian Performing Right Society Limited vs. Rajasthan Patrika Pvt. Ltd. and Indian Performing Right Society Limited vs. Music Broadcast Limited (28...
Read More
March 27, 2023
Laram Law
Delhi High court adopts a broader interpretation to amend the claims as originally filed in the Patent application
CASE TITLE – Allergan INC vs Controller of Patents, C.A. (COMM. IPD-PAT) 22/2021,
FACTS OF THE CASE –
Hon’ble Delhi High Court has overturned an...
Read More
February 14, 2023
Laram Law
FAQs – ARBITRATION OF IPR DISPUTES IN INDIA
Globalisation, advancement of technology and innovation, and creation of world renowned brands, has made dispute resolution of IPR disputes more complex. Patents or trademarks may be registered ...
Read More
January 17, 2023
Laram Law
IPR DEVELOPMENTS – 2022
There is no infringement of trademarks when the marks are derived from the active ingredient of a drug
In the case of “Sun Pharmaceutical Laboratories v. Hetero Healthcare Ltd. and Anr... Read More
December 13, 2022
Laram Law
Delhi High Court grants an ad interim ex parte order to protect Amitabh Bachchan’s Personality rights
CASE TITLE
Amitabh Bachchan v. Rajat Nagi [CS (COMM) 819 of 2022],FACTS OF THE CASE
The brief facts of the case are that th... Read More
January 3, 2023
Laram Law
Top 10 developments in ADR in India – 2022
Arbitration as a method of dispute resolution has only been growing from strength to strength in India and has been firmly established as an alternative to litigation tha...
Read More
November 8, 2022
Laram Law
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 Read More
October 17, 2022
Laram Law
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 Comp... Read More
September 23, 2022
Laram Law
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 Read More
September 7, 2022
Laram Law
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 appointme... Read More
August 3, 2022
Laram Law
Distinctive elements in an advertisement campaign can get protection under IP Laws
The Hon’ble Delhi High Court held that an advertising campaign can be granted protection under Intellectual Property Laws, if the elements in the said campaign are distinctive and satisfies the thr...
Read More
July 5, 2022
Laram Law
Cox and Kings Limited v. SAP India Private Limited And Anr
Citation: ARBITRATION PETITION (CIVIL) NO. 38 OF 2020
Judgement Date: 06.05.2022
Facts of the case:
Applicant (Cox and Kings Limited) and Respondent no. 1(SAP India Pv...
Read More
June 4, 2022
Laram Law
Trademark application for the slogan “Party Like Gatsby” gets rejected in Singapore
The Intellectual Property Office of Singapore rejected the Ex parte hearing of Trademark application for the slogan “PARTY LIKE GATSBY” as the slogans are a category of marks for which it is o...
Read More
June 3, 2022
Laram Law
Protection for individual words used in a registered trademark
The case of HAMDARD NATIONAL FOUNDATION (INDIA) & ANR. vs. SADAR LABORATORIES PVT. LIMITED, also known as ROOH AFZA vs. DIL AFZA, is a classic example of seeking protection for individual words...
Read More
May 9, 2022
Laram Law
Gujarat Housing Board & Anr. VS. Vandemataram Projects Private Limited
Citation - Civil Appeal No. 2093/2022
Judgment date - 21.03.2022
Facts of the case:
In the month of January 2018, the Gujarat Housing Board ("Appellant Read More
April 6, 2022
Laram Law
Trade Marking The Golden Foil Wrapper Of Lindt’s Chocolate Bunny
One of the products of the Lindt and Sprüngli group (Plaintiff) is the "Lindt-Goldhase" (Lindt Gold Bunny). It is a sitting chocolate bunny wrapped in a golden foil packaging. They have been using ...
Read More
March 9, 2022
Laram Law
UHL Power Company Ltd. Vs. State of Himachal Pradesh
Facts of the case:
A sole arbitrator had awarded a sum of Rupees 26,08,89,107.35/- in favour of UHL Power Company Ltd. (“UHL”) towards expenses claimed along with pre-claim interes... Read More
February 11, 2022
Laram Law
Determination of territorial jurisdiction of Court in matters relating to trademark infringement
Delhi High Court | Copenhagen Hospitality and Retail v. A.R. Impex
In recent matter of Copenhagen Hospitality and Retail v. A.R. Impex it is held that ...
Read More
January 10, 2022
Laram Law
Sripati Singh VS. State of Jharkhand and Anr. (2021 SCC Online SC 1002)
Facts of the case:
In the case on hand, the Appellant advanced a sum of INR 2 Crores to the Respondent No. 2 as a loan who had assured that the same shall be repaid to him at a la...
Read More
December 4, 2021
Laram Law
Latest cases on Copyright laws and proposals on IPR
Newslaundry’s YouTube channel was taken down after India Today reported a 'copyright violation.'
News laundry, who is an independent news media organization, claims that... Read More
December 3, 2021
Laram Law
Latest updates on Indian Trademark Law
Breezer v. Freez Mix
The Delhi High Court on 12th November 2021 granted interim relief to alcohol manufacturer Bacardi (plaintiff) in a trademark dispute relat... Read More
November 25, 2021
Laram Law
Well-known trademarks enjoy enhanced protection
The Italian Supreme Court, in a matter relating to trademark infringement of the popular brand ‘Gucci’ has put forth the opinion that, it makes no difference whether those who are accustomed to pur...
Read More
November 8, 2021
Laram Law
November Arbitration Newsletter
S.P. Singla Constructions Private Limited V. Construction And Design Services, Uttar Pradesh Jal Nigam [ARB.P. 450/2021]
FACTS:
The partie...
Read More
October 8, 2021
Laram Law
Amul Succeeds in waving its flag of Victory in Canada
Marking a first for India's dairy giant Amul, the Canadian Federal Court on June 22, ruled in its favour that a brand named 'Amul Canada' had infringed on Amul's copyright by advertising their prod...
Read More
September 29, 2021
Laram Law
Bombay High Court Resolves the Conflict between Admiralty and Insolvency Law
Introduction
The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (“Admiralty Act”) is a special law which aims to consolidate the laws relati...
Read More
September 7, 2021
Laram Law
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 ref...
Read More
August 10, 2021
Laram Law
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...
Read More
July 12, 2021
Laram Law
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 ...
June 8, 2021
Laram Law
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...
Read More
May 5, 2021
Laram Law
India Challenges the Cairn Arbitration Award
April 4, 2021
Laram Law
Transferring the IPAB Jurisdiction to commercial courts! Will it ensure speedy justice?
A draft bill has been introduced in the Lok Sabha which proposed to close down the Intellectual Property Appellate Board (IPAB) for good. The Tribunals Reforms (Rationalisation and Conditions of Se...
Read More
March 9, 2021
Laram Law
Non Payment of stamp duty on the commercial contract will not invalidate the arbitration agreement
In a significant development, Hon’ble Supreme Court has held that non- payment of stamp duty on the commercial contract will not invalidate the arbitration agreement. This judgment...
February 23, 2021
Laram Law
After saffron, J&K seeks GI tag for gucchi mushroom
A Geographical Indication tag has been sought for Gucchi, also known as Morel, one of the world’s most expensive mushrooms growing in Kashmir’s Doda district, valued at ove...
January 1, 2021
Laram Law
Arbitration judgments passed by Indian courts in Nov and Dec 2020
In a significant development, Hon’ble Supreme Court had held that Landlord- tenant disputes under Transfer of Property Act are arbitrable. While it will be interesting to see ho...
Read More
December 2, 2020
Laram Law
This time the tussle is over Basmati Rice
Even amidst these challenging times, the world has been witnessing incredible advances in science, technology and innovation. There is news that a vaccine wil...
Read More
November 22, 2020
Laram Law
Newsletter on Arbitration (October 2020)
In the midst of pandemic, with easing of restrictions, Industries and Companies are trying to get back on the wagon. However, this has also given rise to tr...
Read More
October 3, 2020
Laram Law
Register your trademark – prevent the risk of squatting
Sony Play Station 5’s name has been Trademarked in India, except it wasn’t Sony who is the Applicant
When gamers around the world were eagerly awaiting the release of S...
Read More
September 22, 2020
Laram Law
New Rules for the Changed World
On 11th August 2020, the LCIA unveiled the long-awaited update to its Arbitration Rules (LCIA 2020 Rules). The LCIA 2020 Rules will become effective on 1 October 2020 and will a...
Read More
August 8, 2020
Laram Law
IPR Newsletter
While the world looks forward to unlocking themselves from the lockdown due to Covid-19, the Indian business are also taking steps to safeguard their Intellectual ...
Read More
July 21, 2020
Laram Law
Newsletter on Arbitration (June-July, 2020)
In a significant development, the Bombay High Court appointed arbitral tribunal awarded a compensation of ₹4814.67 Crore plus 10% interest from 2012 to Deccan Charge...
Read More
July 20, 2020
Laram Law
Newsletter: Intellectual Property Laws
The field of Intellectual Property laws has not been untouched by the raging pandemic. However, the Indian IP Office has been adapting to these changing times and is facilitating electronic fili...
Read More
June 21, 2020
Laram Law
Arbitration & COVID-19
The imposition of lockdown has significantly impacted the dispute resolution procedures. Arbitration is considered as more flexible dispute resolution procedure and hence t...
Read More
May 4, 2020
Laram Law
Changes notified for Foreign Direct Investment
On 17th April, 2020, Press Note 3 was released by the Department for Promotion of Industry and Internal Trade (DPIIT). Press Note 3 of 2020 revised the following earlier po...
Read More
May 2, 2020
Laram Law
Company law compliances adapting to these virtual times!
Between May 13-16, 2020, the Finance Minister announced a slew of relief measures to fight through these difficult times. COVID-19 has made it difficult for companies to adh...
Read More
May 1, 2020
Laram Law
India is on a path of reform
India is on a path of reform and the corporate law sector is not untouched from this spirit. The first tranche of the relief package announced by the Finance Minister was focused on bringing up the...
Read More
February 1, 2020
Laram Law
The story of distinction between seat and venue
The Courts exercise supervisory jurisdiction over the arbitration proceedings. This supervision is limited to granting interim measures, appointment of arbitrator, assis...
Read More
December 20, 2019
Laram Law
India- IPR friendly nation
In the recent times, India has been trying to establish itself as an Intellectual Property Rights (IPR) friendly nation in the world, by defining its standards as per t...
Read More
December 13, 2019
Laram Law
2019: The Changing Dimensions of IBC
The recent developments in the Insolvency and Bankruptcy Code has dynamically changes the way the code shall be governed in the future. The NCLT, NCLAT and Supreme Court have passed several landmar...
Read More
November 20, 2019
Laram Law
IP Law and Growing Technology
India is paving its way ahead in the field of innovation and technology and was recently ranked among the top 15 countries in relation to intellectual property (IP) fil...
Read More
October 20, 2019
Laram Law
Recent Judgments in Construction Arbitration
Arbitration is becoming a favored dispute resolution process in the infrastructure sector owing to the complexities of construction disputes. The challenges faced durin...
Read More
September 20, 2019
Laram Law
Recent Judgements Affecting the Arbitration Regime
The Madras High Court in 2016 held that mere designation of seat by parties does not oust the jurisdiction of other courts. However within few days, the Apex Court over...
Read More
August 20, 2019
Laram Law
E-commerce platforms restrained from enabling sale of products of ‘direct selling’ companies without their consent
M/s Amway India Enterprises Pvt. Ltd., M/s Modicare Ltd. and M/s Oriflame India Pvt. Ltd. (plaintiffs) filed a batch of seven suits against various e-commerce platforms...
Read More
Laram Law
Evolving Laws to protect Intellectual Property Rights
In this case Dish TV India Ltd. (plaintiff) had filed a suit for permanent injunction restraining Prasar Bharti (defendant) from infringing the trade mark ‘Dish TV’ by adop...
Read More
August 7, 2019
Laram Law
Copyright protection given to “cinematographic films” is at par with other original works.
Yash Raj Films Pvt. Ltd. (plaintiff) filed a copyright infringement case against Sri Sai Ganesh Productions & Ors. (defendant) alleging that the Telugu movie, Jabar...
Read More
August 1, 2019
Laram Law
Does copyright exist in a ‘title’ of a literary work in isolation?
A movie titled ‘Kolaiyuthir Kalam’ which roughly translates to ‘Season of Death/Murders’ starring Nayanthara was in dispute not because of its storyline but because of ...
Read More
June 2, 2019
Laram Law
Media Law & Fashion Law in India
Intellectual property law and the law governing the media are rapidly evolving while becoming increasingly complex. In the age of rapid social media advancement, protection...
Read More
April 20, 2019
Laram Law
Recent judgement affecting the arbitration regime
Recently, the Bombay High Court ruled that stamping of document is not necessary for the appointment of arbitrator. However, within few days post this judgment, the Ape...
Read More
March 20, 2019
Laram Law
Intellectual Property Rights: What’s in a name?
The beginning of this year has seen major developments in the IP Sector. From the Cinematograph (Amendment) Bill, 2019, which has introduced penal provisions for unauth...
Read More
February 16, 2019
Laram Law
The Insolvency and Bankruptcy Code at work
In 2016, India embarked on its journey of building a dedicated framework for resolving cases involving insolvency and bankruptcy, and in no time the National Company Law Tr...
Read More
January 17, 2019
Laram Law
Arbitration – Institution Rules Update
Hong Kong International Arbitration Centre introduces New Rules
The 2013 Hong Kong rules have been revised to add provisions for use of technology to benefit the ...
Read More
January 12, 2019
Laram Law
Issuance of New Rules of the Court of International Commercial Arbitration
Chamber of Commerce and Industry of Romania
In Romania, the Rules of the Court of International Commercial Arbitration which are linked with the Chamber of Commer...
Read More
January 5, 2019
Laram Law
Settlement of disputes in Draft Withdrawal Agreement on Brexit
The Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community unveiled ...
Read More
January 2, 2019
Laram Law
A paradigm shift – Intellectual Property Rights in India
Last year was driven by introducing new technologies in the IPR circuit in India, the most significant of them all being the proposal of the Controller General of Patents, Desig...
Read More
January 1, 2019
Laram Law
Arbitration – Institution Rules Update
Japan Commercial Arbitration issues new sets of Arbitration Rules Japan Commercial Arbitration Association announced issuance of three sets of Arbitration Rules for public ...
Read More
December 2, 2018
Laram Law
Global International Arbitration Update
In arbitration, the main elements are enquiry, hearing of parties, examination of evidence and adjudication of the dispute. Enforcement of an arbitral award is essential. O...
Read More
November 3, 2018
Laram Law
Domestic Judgments affecting Arbitration regime of India
If one finds it challenging to enforce a commercial contract, then rest of the aspect of ease of doing business becomes significantly less relevant. Enforcement of con...
Read More
October 12, 2018
Laram Law
Strengthening IPR policy to foster innovation
India has introduced various reforms in the recent years ensuring credibility with the potential investors and strategic partners for encouraging them to invest in India. S...
Read More
September 6, 2018
Laram Law
Rethinking legislative framework for settling disputes
The Arbitration & Conciliation (Amendment) Act, 2015, did not address certain key issues such as importance of institutional arbitrations at a time when internation...
Read More
June 8, 2018
Laram Law
Incorporating more stringent compliances
Corporate Law governs the rights, relations and conduct of persons, companies, organizations and businesses and regulates the interaction between corporations, investors, s...
Read More
May 5, 2018
Laram Law
Protecting Intangible Creations
Creating Awareness of IPR
This newsletter aims to include the latest updates in the IP segment and recent statutory developments in this regard for creating ...
Read More
April 19, 2018
Laram Law
The Bankruptcy Code is Evolving
In May 2016, India enacted the Insolvency and bankruptcy code, as a major legal reform. The new framework is the time bound process in which cases are admitted and are ...
Read More
February 2, 2018
Laram Law
Competition Law Framework
The Competition Commission of India (‘CCI’) is a market regulator, it does not decide between parties but rather takes note of an anti-comp...
Read More
January 3, 2018
Laram Law
Intellectual Property
Over the years, stringent IPR protection laws have encouraged tremendous foreign investments and efforts in the areas of applied science whereby we overcome numerous ch...
Read More
October 19, 2017
Laram Law
Arbitration and Conciliation (Amendment) Act, 2015
The Arbitration and Conciliation (Amendment) Act, 2015 had brought about prudent modifications in manner of appointment of an Arbitrator, reduced timelines for resolving com...
Read More
September 19, 2017
Laram Law
Intellectual Property Rights (IPR)
The Intellectual Property Rights (IPR) provides for regulatory framework to safeguard the interest of the entities indulged in creativity and innovation for which it has bee...
Read More
February 21, 2024
Laram Law
Protecting Brands In India And Europe: Comparison Of Trademarks Laws
Recently, India and Europe have bolstered economic ties, fostering increased cross-border business. The European Union stands as India’s third largest trading partner, accounting for about 11 perce...
Read More
April 8, 2024
Laram Law
Critical changes in FDI, Competition Law, SEBI’s new guidelines, Direct Listing provisions, and RBI clarifications on AIF investments.
India Opens Space Sector for Foreign Investment
Read More
March 8, 2024
Laram Law
Expanding Horizons: Court’s Stance on Arbitral Authority and Damages
The legislative intent while drafting the Arbitration and Conciliation Act, 1996, was to narrow the ambit of the Courts while considering appeals from arbitration awards. Nevertheless, one has s...
Read More
February 16, 2024
Laram Law
IPR Legal Update: Navigating Recent Copyright and Patent Law Developments in India
Novex Communications Pvt Ltd. Vs Trade Wings Hotels Ltd (Commercial Suit No. 264 of 2022) and Phonographic Performance Ltd. V/s Bunglow 9 and 99 Ors. (Commercial Suit No. 363 of 2019) Read More
January 2, 2024
Laram Law
Latest Corporate Law Insights:
PART-A: COMPANY LAW UPDATES
MCA notifies the Companies (Management and Administration) Second Amendment Rules, 2023 T... Read More
December 7, 2023
Laram Law
Shaping India’s Legal Fabric
In the 90 years of his lifetime, Mr. D.C. Singhania was known to be a philanthropist, educator and most importantly a visionary. In these 65 years of legal practice, his vision and far ... Read More
October 10, 2023
Laram Law
Insightful Exploration into Recent Arbitration Cases in India – Sep & Oct 2023
The Supreme Court of India holds that the power of the court to modify an award is limited to the terms as prescribed under section 34 of the Arbitration and Conciliation Act, 1996.... Read More
August 5, 2023
Laram Law
RECENT LANDMARK RULINGS IN ARBITRATION
Introduction
When one enters into a governmental contract, more often than not, it is a standard template with a standard dispute resolution clause, usually arbitration, with very little ... Read More
September 14, 2023
Laram Law
IPR Spotlight: Key Judgements from July & August in India
Google LLC v. DRS Logistics (P) Ltd. 2023 SCC OnLine Del 4809:
FACTS
DRS Logistics (P) Ltd. (DRS) is a company that provides carriage for goods, p...
Read More
July 12, 2023
Laram Law
IPR NEWSLETTER JULY 2023
CASE TITLE -
Super Cassettes Industries Private Limited Vs. RBEP Entertainment Private Limited and others COMMERCIAL IP SUIT NO.464 OF 2022
Along with
Hungam...
Read More
June 21, 2023
Laram Law
Why Shipping Companies cannot afford to Ignore Environmental and Social Responsibilities
In an era marked by increasing concerns over environmental, social, and governance (ESG) issues, shipping companies find themselves at a crossroads, as they need to prioritize between profits and s...
Read More
May 29, 2023
Laram Law
IPR NEWSLETTER MAY 2023
CASE TITLE -
Indian Performing Right Society Limited vs. Rajasthan Patrika Pvt. Ltd. and Indian Performing Right Society Limited vs. Music Broadcast Limited (28...
Read More
March 27, 2023
Laram Law
Delhi High court adopts a broader interpretation to amend the claims as originally filed in the Patent application
CASE TITLE – Allergan INC vs Controller of Patents, C.A. (COMM. IPD-PAT) 22/2021,
FACTS OF THE CASE –
Hon’ble Delhi High Court has overturned an...
Read More
February 14, 2023
Laram Law
FAQs – ARBITRATION OF IPR DISPUTES IN INDIA
Globalisation, advancement of technology and innovation, and creation of world renowned brands, has made dispute resolution of IPR disputes more complex. Patents or trademarks may be registered ...
Read More
January 17, 2023
Laram Law
IPR DEVELOPMENTS – 2022
There is no infringement of trademarks when the marks are derived from the active ingredient of a drug
In the case of “Sun Pharmaceutical Laboratories v. Hetero Healthcare Ltd. and Anr... Read More
December 13, 2022
Laram Law
Delhi High Court grants an ad interim ex parte order to protect Amitabh Bachchan’s Personality rights
CASE TITLE
Amitabh Bachchan v. Rajat Nagi [CS (COMM) 819 of 2022],FACTS OF THE CASE
The brief facts of the case are that th... Read More
January 3, 2023
Laram Law
Top 10 developments in ADR in India – 2022
Arbitration as a method of dispute resolution has only been growing from strength to strength in India and has been firmly established as an alternative to litigation tha...
Read More
November 8, 2022
Laram Law
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 Read More
October 17, 2022
Laram Law
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 Comp... Read More
September 23, 2022
Laram Law
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 Read More
September 7, 2022
Laram Law
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 appointme... Read More
August 3, 2022
Laram Law
Distinctive elements in an advertisement campaign can get protection under IP Laws
The Hon’ble Delhi High Court held that an advertising campaign can be granted protection under Intellectual Property Laws, if the elements in the said campaign are distinctive and satisfies the thr...
Read More
July 5, 2022
Laram Law
Cox and Kings Limited v. SAP India Private Limited And Anr
Citation: ARBITRATION PETITION (CIVIL) NO. 38 OF 2020
Judgement Date: 06.05.2022
Facts of the case:
Applicant (Cox and Kings Limited) and Respondent no. 1(SAP India Pv...
Read More
June 4, 2022
Laram Law
Trademark application for the slogan “Party Like Gatsby” gets rejected in Singapore
The Intellectual Property Office of Singapore rejected the Ex parte hearing of Trademark application for the slogan “PARTY LIKE GATSBY” as the slogans are a category of marks for which it is o...
Read More
June 3, 2022
Laram Law
Protection for individual words used in a registered trademark
The case of HAMDARD NATIONAL FOUNDATION (INDIA) & ANR. vs. SADAR LABORATORIES PVT. LIMITED, also known as ROOH AFZA vs. DIL AFZA, is a classic example of seeking protection for individual words...
Read More
May 9, 2022
Laram Law
Gujarat Housing Board & Anr. VS. Vandemataram Projects Private Limited
Citation - Civil Appeal No. 2093/2022
Judgment date - 21.03.2022
Facts of the case:
In the month of January 2018, the Gujarat Housing Board ("Appellant Read More
April 6, 2022
Laram Law
Trade Marking The Golden Foil Wrapper Of Lindt’s Chocolate Bunny
One of the products of the Lindt and Sprüngli group (Plaintiff) is the "Lindt-Goldhase" (Lindt Gold Bunny). It is a sitting chocolate bunny wrapped in a golden foil packaging. They have been using ...
Read More
March 9, 2022
Laram Law
UHL Power Company Ltd. Vs. State of Himachal Pradesh
Facts of the case:
A sole arbitrator had awarded a sum of Rupees 26,08,89,107.35/- in favour of UHL Power Company Ltd. (“UHL”) towards expenses claimed along with pre-claim interes... Read More
February 11, 2022
Laram Law
Determination of territorial jurisdiction of Court in matters relating to trademark infringement
Delhi High Court | Copenhagen Hospitality and Retail v. A.R. Impex
In recent matter of Copenhagen Hospitality and Retail v. A.R. Impex it is held that ...
Read More
January 10, 2022
Laram Law
Sripati Singh VS. State of Jharkhand and Anr. (2021 SCC Online SC 1002)
Facts of the case:
In the case on hand, the Appellant advanced a sum of INR 2 Crores to the Respondent No. 2 as a loan who had assured that the same shall be repaid to him at a la...
Read More
December 4, 2021
Laram Law
Latest cases on Copyright laws and proposals on IPR
Newslaundry’s YouTube channel was taken down after India Today reported a 'copyright violation.'
News laundry, who is an independent news media organization, claims that... Read More
December 3, 2021
Laram Law
Latest updates on Indian Trademark Law
Breezer v. Freez Mix
The Delhi High Court on 12th November 2021 granted interim relief to alcohol manufacturer Bacardi (plaintiff) in a trademark dispute relat... Read More
November 25, 2021
Laram Law
Well-known trademarks enjoy enhanced protection
The Italian Supreme Court, in a matter relating to trademark infringement of the popular brand ‘Gucci’ has put forth the opinion that, it makes no difference whether those who are accustomed to pur...
Read More
November 8, 2021
Laram Law
November Arbitration Newsletter
S.P. Singla Constructions Private Limited V. Construction And Design Services, Uttar Pradesh Jal Nigam [ARB.P. 450/2021]
FACTS:
The partie...
Read More
October 8, 2021
Laram Law
Amul Succeeds in waving its flag of Victory in Canada
Marking a first for India's dairy giant Amul, the Canadian Federal Court on June 22, ruled in its favour that a brand named 'Amul Canada' had infringed on Amul's copyright by advertising their prod...
Read More
September 29, 2021
Laram Law
Bombay High Court Resolves the Conflict between Admiralty and Insolvency Law
Introduction
The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (“Admiralty Act”) is a special law which aims to consolidate the laws relati...
Read More
September 7, 2021
Laram Law
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 ref...
Read More
August 10, 2021
Laram Law
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...
Read More
July 12, 2021
Laram Law
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 ...
June 8, 2021
Laram Law
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...
Read More
May 5, 2021
Laram Law
India Challenges the Cairn Arbitration Award
April 4, 2021
Laram Law
Transferring the IPAB Jurisdiction to commercial courts! Will it ensure speedy justice?
A draft bill has been introduced in the Lok Sabha which proposed to close down the Intellectual Property Appellate Board (IPAB) for good. The Tribunals Reforms (Rationalisation and Conditions of Se...
Read More
March 9, 2021
Laram Law
Non Payment of stamp duty on the commercial contract will not invalidate the arbitration agreement
In a significant development, Hon’ble Supreme Court has held that non- payment of stamp duty on the commercial contract will not invalidate the arbitration agreement. This judgment...
February 23, 2021
Laram Law
After saffron, J&K seeks GI tag for gucchi mushroom
A Geographical Indication tag has been sought for Gucchi, also known as Morel, one of the world’s most expensive mushrooms growing in Kashmir’s Doda district, valued at ove...
January 1, 2021
Laram Law
Arbitration judgments passed by Indian courts in Nov and Dec 2020
In a significant development, Hon’ble Supreme Court had held that Landlord- tenant disputes under Transfer of Property Act are arbitrable. While it will be interesting to see ho...
Read More
December 2, 2020
Laram Law
This time the tussle is over Basmati Rice
Even amidst these challenging times, the world has been witnessing incredible advances in science, technology and innovation. There is news that a vaccine wil...
Read More
November 22, 2020
Laram Law
Newsletter on Arbitration (October 2020)
In the midst of pandemic, with easing of restrictions, Industries and Companies are trying to get back on the wagon. However, this has also given rise to tr...
Read More
October 3, 2020
Laram Law
Register your trademark – prevent the risk of squatting
Sony Play Station 5’s name has been Trademarked in India, except it wasn’t Sony who is the Applicant
When gamers around the world were eagerly awaiting the release of S...
Read More
September 22, 2020
Laram Law
New Rules for the Changed World
On 11th August 2020, the LCIA unveiled the long-awaited update to its Arbitration Rules (LCIA 2020 Rules). The LCIA 2020 Rules will become effective on 1 October 2020 and will a...
Read More
August 8, 2020
Laram Law
IPR Newsletter
While the world looks forward to unlocking themselves from the lockdown due to Covid-19, the Indian business are also taking steps to safeguard their Intellectual ...
Read More
July 21, 2020
Laram Law
Newsletter on Arbitration (June-July, 2020)
In a significant development, the Bombay High Court appointed arbitral tribunal awarded a compensation of ₹4814.67 Crore plus 10% interest from 2012 to Deccan Charge...
Read More
July 20, 2020
Laram Law
Newsletter: Intellectual Property Laws
The field of Intellectual Property laws has not been untouched by the raging pandemic. However, the Indian IP Office has been adapting to these changing times and is facilitating electronic fili...
Read More
June 21, 2020
Laram Law
Arbitration & COVID-19
The imposition of lockdown has significantly impacted the dispute resolution procedures. Arbitration is considered as more flexible dispute resolution procedure and hence t...
Read More
May 4, 2020
Laram Law
Changes notified for Foreign Direct Investment
On 17th April, 2020, Press Note 3 was released by the Department for Promotion of Industry and Internal Trade (DPIIT). Press Note 3 of 2020 revised the following earlier po...
Read More
May 2, 2020
Laram Law
Company law compliances adapting to these virtual times!
Between May 13-16, 2020, the Finance Minister announced a slew of relief measures to fight through these difficult times. COVID-19 has made it difficult for companies to adh...
Read More
May 1, 2020
Laram Law
India is on a path of reform
India is on a path of reform and the corporate law sector is not untouched from this spirit. The first tranche of the relief package announced by the Finance Minister was focused on bringing up the...
Read More
February 1, 2020
Laram Law
The story of distinction between seat and venue
The Courts exercise supervisory jurisdiction over the arbitration proceedings. This supervision is limited to granting interim measures, appointment of arbitrator, assis...
Read More
December 20, 2019
Laram Law
India- IPR friendly nation
In the recent times, India has been trying to establish itself as an Intellectual Property Rights (IPR) friendly nation in the world, by defining its standards as per t...
Read More
December 13, 2019
Laram Law
2019: The Changing Dimensions of IBC
The recent developments in the Insolvency and Bankruptcy Code has dynamically changes the way the code shall be governed in the future. The NCLT, NCLAT and Supreme Court have passed several landmar...
Read More
November 20, 2019
Laram Law
IP Law and Growing Technology
India is paving its way ahead in the field of innovation and technology and was recently ranked among the top 15 countries in relation to intellectual property (IP) fil...
Read More
October 20, 2019
Laram Law
Recent Judgments in Construction Arbitration
Arbitration is becoming a favored dispute resolution process in the infrastructure sector owing to the complexities of construction disputes. The challenges faced durin...
Read More
September 20, 2019
Laram Law
Recent Judgements Affecting the Arbitration Regime
The Madras High Court in 2016 held that mere designation of seat by parties does not oust the jurisdiction of other courts. However within few days, the Apex Court over...
Read More
August 20, 2019
Laram Law
E-commerce platforms restrained from enabling sale of products of ‘direct selling’ companies without their consent
M/s Amway India Enterprises Pvt. Ltd., M/s Modicare Ltd. and M/s Oriflame India Pvt. Ltd. (plaintiffs) filed a batch of seven suits against various e-commerce platforms...
Read More
Laram Law
Evolving Laws to protect Intellectual Property Rights
In this case Dish TV India Ltd. (plaintiff) had filed a suit for permanent injunction restraining Prasar Bharti (defendant) from infringing the trade mark ‘Dish TV’ by adop...
Read More
August 7, 2019
Laram Law
Copyright protection given to “cinematographic films” is at par with other original works.
Yash Raj Films Pvt. Ltd. (plaintiff) filed a copyright infringement case against Sri Sai Ganesh Productions & Ors. (defendant) alleging that the Telugu movie, Jabar...
Read More
August 1, 2019
Laram Law
Does copyright exist in a ‘title’ of a literary work in isolation?
A movie titled ‘Kolaiyuthir Kalam’ which roughly translates to ‘Season of Death/Murders’ starring Nayanthara was in dispute not because of its storyline but because of ...
Read More
June 2, 2019
Laram Law
Media Law & Fashion Law in India
Intellectual property law and the law governing the media are rapidly evolving while becoming increasingly complex. In the age of rapid social media advancement, protection...
Read More
April 20, 2019
Laram Law
Recent judgement affecting the arbitration regime
Recently, the Bombay High Court ruled that stamping of document is not necessary for the appointment of arbitrator. However, within few days post this judgment, the Ape...
Read More
March 20, 2019
Laram Law
Intellectual Property Rights: What’s in a name?
The beginning of this year has seen major developments in the IP Sector. From the Cinematograph (Amendment) Bill, 2019, which has introduced penal provisions for unauth...
Read More
February 16, 2019
Laram Law
The Insolvency and Bankruptcy Code at work
In 2016, India embarked on its journey of building a dedicated framework for resolving cases involving insolvency and bankruptcy, and in no time the National Company Law Tr...
Read More
January 17, 2019
Laram Law
Arbitration – Institution Rules Update
Hong Kong International Arbitration Centre introduces New Rules
The 2013 Hong Kong rules have been revised to add provisions for use of technology to benefit the ...
Read More
January 12, 2019
Laram Law
Issuance of New Rules of the Court of International Commercial Arbitration
Chamber of Commerce and Industry of Romania
In Romania, the Rules of the Court of International Commercial Arbitration which are linked with the Chamber of Commer...
Read More
January 5, 2019
Laram Law
Settlement of disputes in Draft Withdrawal Agreement on Brexit
The Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community unveiled ...
Read More
January 2, 2019
Laram Law
A paradigm shift – Intellectual Property Rights in India
Last year was driven by introducing new technologies in the IPR circuit in India, the most significant of them all being the proposal of the Controller General of Patents, Desig...
Read More
January 1, 2019
Laram Law
Arbitration – Institution Rules Update
Japan Commercial Arbitration issues new sets of Arbitration Rules Japan Commercial Arbitration Association announced issuance of three sets of Arbitration Rules for public ...
Read More
December 2, 2018
Laram Law
Global International Arbitration Update
In arbitration, the main elements are enquiry, hearing of parties, examination of evidence and adjudication of the dispute. Enforcement of an arbitral award is essential. O...
Read More
November 3, 2018
Laram Law
Domestic Judgments affecting Arbitration regime of India
If one finds it challenging to enforce a commercial contract, then rest of the aspect of ease of doing business becomes significantly less relevant. Enforcement of con...
Read More
October 12, 2018
Laram Law
Strengthening IPR policy to foster innovation
India has introduced various reforms in the recent years ensuring credibility with the potential investors and strategic partners for encouraging them to invest in India. S...
Read More
September 6, 2018
Laram Law
Rethinking legislative framework for settling disputes
The Arbitration & Conciliation (Amendment) Act, 2015, did not address certain key issues such as importance of institutional arbitrations at a time when internation...
Read More
June 8, 2018
Laram Law
Incorporating more stringent compliances
Corporate Law governs the rights, relations and conduct of persons, companies, organizations and businesses and regulates the interaction between corporations, investors, s...
Read More
May 5, 2018
Laram Law
Protecting Intangible Creations
Creating Awareness of IPR
This newsletter aims to include the latest updates in the IP segment and recent statutory developments in this regard for creating ...
Read More
April 19, 2018
Laram Law
The Bankruptcy Code is Evolving
In May 2016, India enacted the Insolvency and bankruptcy code, as a major legal reform. The new framework is the time bound process in which cases are admitted and are ...
Read More
February 2, 2018
Laram Law
Competition Law Framework
The Competition Commission of India (‘CCI’) is a market regulator, it does not decide between parties but rather takes note of an anti-comp...
Read More
January 3, 2018
Laram Law
Intellectual Property
Over the years, stringent IPR protection laws have encouraged tremendous foreign investments and efforts in the areas of applied science whereby we overcome numerous ch...
Read More
October 19, 2017
Laram Law
Arbitration and Conciliation (Amendment) Act, 2015
The Arbitration and Conciliation (Amendment) Act, 2015 had brought about prudent modifications in manner of appointment of an Arbitrator, reduced timelines for resolving com...
Read More
September 19, 2017
Laram Law
Intellectual Property Rights (IPR)
The Intellectual Property Rights (IPR) provides for regulatory framework to safeguard the interest of the entities indulged in creativity and innovation for which it has bee...
Read More
February 21, 2024
Laram Law
Protecting Brands In India And Europe: Comparison Of Trademarks Laws
Recently, India and Europe have bolstered economic ties, fostering increased cross-border business. The European Union stands as India’s third largest trading partner, accounting for about 11 perce...
Read More
April 8, 2024
Laram Law
Critical changes in FDI, Competition Law, SEBI’s new guidelines, Direct Listing provisions, and RBI clarifications on AIF investments.
India Opens Space Sector for Foreign Investment
Read More
March 8, 2024
Laram Law
Expanding Horizons: Court’s Stance on Arbitral Authority and Damages
The legislative intent while drafting the Arbitration and Conciliation Act, 1996, was to narrow the ambit of the Courts while considering appeals from arbitration awards. Nevertheless, one has s...
Read More
February 16, 2024
Laram Law
IPR Legal Update: Navigating Recent Copyright and Patent Law Developments in India
Novex Communications Pvt Ltd. Vs Trade Wings Hotels Ltd (Commercial Suit No. 264 of 2022) and Phonographic Performance Ltd. V/s Bunglow 9 and 99 Ors. (Commercial Suit No. 363 of 2019) Read More
January 2, 2024
Laram Law
Latest Corporate Law Insights:
PART-A: COMPANY LAW UPDATES
MCA notifies the Companies (Management and Administration) Second Amendment Rules, 2023 T... Read More
December 7, 2023
Laram Law
Shaping India’s Legal Fabric
In the 90 years of his lifetime, Mr. D.C. Singhania was known to be a philanthropist, educator and most importantly a visionary. In these 65 years of legal practice, his vision and far ... Read More
October 10, 2023
Laram Law
Insightful Exploration into Recent Arbitration Cases in India – Sep & Oct 2023
The Supreme Court of India holds that the power of the court to modify an award is limited to the terms as prescribed under section 34 of the Arbitration and Conciliation Act, 1996.... Read More
August 5, 2023
Laram Law
RECENT LANDMARK RULINGS IN ARBITRATION
Introduction
When one enters into a governmental contract, more often than not, it is a standard template with a standard dispute resolution clause, usually arbitration, with very little ... Read More
September 14, 2023
Laram Law
IPR Spotlight: Key Judgements from July & August in India
Google LLC v. DRS Logistics (P) Ltd. 2023 SCC OnLine Del 4809:
FACTS
DRS Logistics (P) Ltd. (DRS) is a company that provides carriage for goods, p...
Read More
July 12, 2023
Laram Law
IPR NEWSLETTER JULY 2023
CASE TITLE -
Super Cassettes Industries Private Limited Vs. RBEP Entertainment Private Limited and others COMMERCIAL IP SUIT NO.464 OF 2022
Along with
Hungam...
Read More
June 21, 2023
Laram Law
Why Shipping Companies cannot afford to Ignore Environmental and Social Responsibilities
In an era marked by increasing concerns over environmental, social, and governance (ESG) issues, shipping companies find themselves at a crossroads, as they need to prioritize between profits and s...
Read More
May 29, 2023
Laram Law
IPR NEWSLETTER MAY 2023
CASE TITLE -
Indian Performing Right Society Limited vs. Rajasthan Patrika Pvt. Ltd. and Indian Performing Right Society Limited vs. Music Broadcast Limited (28...
Read More
March 27, 2023
Laram Law
Delhi High court adopts a broader interpretation to amend the claims as originally filed in the Patent application
CASE TITLE – Allergan INC vs Controller of Patents, C.A. (COMM. IPD-PAT) 22/2021,
FACTS OF THE CASE –
Hon’ble Delhi High Court has overturned an...
Read More
February 14, 2023
Laram Law
FAQs – ARBITRATION OF IPR DISPUTES IN INDIA
Globalisation, advancement of technology and innovation, and creation of world renowned brands, has made dispute resolution of IPR disputes more complex. Patents or trademarks may be registered ...
Read More
January 17, 2023
Laram Law
IPR DEVELOPMENTS – 2022
There is no infringement of trademarks when the marks are derived from the active ingredient of a drug
In the case of “Sun Pharmaceutical Laboratories v. Hetero Healthcare Ltd. and Anr... Read More
December 13, 2022
Laram Law
Delhi High Court grants an ad interim ex parte order to protect Amitabh Bachchan’s Personality rights
CASE TITLE
Amitabh Bachchan v. Rajat Nagi [CS (COMM) 819 of 2022],FACTS OF THE CASE
The brief facts of the case are that th... Read More
January 3, 2023
Laram Law
Top 10 developments in ADR in India – 2022
Arbitration as a method of dispute resolution has only been growing from strength to strength in India and has been firmly established as an alternative to litigation tha...
Read More
November 8, 2022
Laram Law
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 Read More
October 17, 2022
Laram Law
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 Comp... Read More
September 23, 2022
Laram Law
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 Read More
September 7, 2022
Laram Law
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 appointme... Read More
August 3, 2022
Laram Law
Distinctive elements in an advertisement campaign can get protection under IP Laws
The Hon’ble Delhi High Court held that an advertising campaign can be granted protection under Intellectual Property Laws, if the elements in the said campaign are distinctive and satisfies the thr...
Read More
July 5, 2022
Laram Law
Cox and Kings Limited v. SAP India Private Limited And Anr
Citation: ARBITRATION PETITION (CIVIL) NO. 38 OF 2020
Judgement Date: 06.05.2022
Facts of the case:
Applicant (Cox and Kings Limited) and Respondent no. 1(SAP India Pv...
Read More
June 4, 2022
Laram Law
Trademark application for the slogan “Party Like Gatsby” gets rejected in Singapore
The Intellectual Property Office of Singapore rejected the Ex parte hearing of Trademark application for the slogan “PARTY LIKE GATSBY” as the slogans are a category of marks for which it is o...
Read More
June 3, 2022
Laram Law
Protection for individual words used in a registered trademark
The case of HAMDARD NATIONAL FOUNDATION (INDIA) & ANR. vs. SADAR LABORATORIES PVT. LIMITED, also known as ROOH AFZA vs. DIL AFZA, is a classic example of seeking protection for individual words...
Read More
May 9, 2022
Laram Law
Gujarat Housing Board & Anr. VS. Vandemataram Projects Private Limited
Citation - Civil Appeal No. 2093/2022
Judgment date - 21.03.2022
Facts of the case:
In the month of January 2018, the Gujarat Housing Board ("Appellant Read More
April 6, 2022
Laram Law
Trade Marking The Golden Foil Wrapper Of Lindt’s Chocolate Bunny
One of the products of the Lindt and Sprüngli group (Plaintiff) is the "Lindt-Goldhase" (Lindt Gold Bunny). It is a sitting chocolate bunny wrapped in a golden foil packaging. They have been using ...
Read More
March 9, 2022
Laram Law
UHL Power Company Ltd. Vs. State of Himachal Pradesh
Facts of the case:
A sole arbitrator had awarded a sum of Rupees 26,08,89,107.35/- in favour of UHL Power Company Ltd. (“UHL”) towards expenses claimed along with pre-claim interes... Read More
February 11, 2022
Laram Law
Determination of territorial jurisdiction of Court in matters relating to trademark infringement
Delhi High Court | Copenhagen Hospitality and Retail v. A.R. Impex
In recent matter of Copenhagen Hospitality and Retail v. A.R. Impex it is held that ...
Read More
January 10, 2022
Laram Law
Sripati Singh VS. State of Jharkhand and Anr. (2021 SCC Online SC 1002)
Facts of the case:
In the case on hand, the Appellant advanced a sum of INR 2 Crores to the Respondent No. 2 as a loan who had assured that the same shall be repaid to him at a la...
Read More
December 4, 2021
Laram Law
Latest cases on Copyright laws and proposals on IPR
Newslaundry’s YouTube channel was taken down after India Today reported a 'copyright violation.'
News laundry, who is an independent news media organization, claims that... Read More
December 3, 2021
Laram Law
Latest updates on Indian Trademark Law
Breezer v. Freez Mix
The Delhi High Court on 12th November 2021 granted interim relief to alcohol manufacturer Bacardi (plaintiff) in a trademark dispute relat... Read More
November 25, 2021
Laram Law
Well-known trademarks enjoy enhanced protection
The Italian Supreme Court, in a matter relating to trademark infringement of the popular brand ‘Gucci’ has put forth the opinion that, it makes no difference whether those who are accustomed to pur...
Read More
November 8, 2021
Laram Law
November Arbitration Newsletter
S.P. Singla Constructions Private Limited V. Construction And Design Services, Uttar Pradesh Jal Nigam [ARB.P. 450/2021]
FACTS:
The partie...
Read More
October 8, 2021
Laram Law
Amul Succeeds in waving its flag of Victory in Canada
Marking a first for India's dairy giant Amul, the Canadian Federal Court on June 22, ruled in its favour that a brand named 'Amul Canada' had infringed on Amul's copyright by advertising their prod...
Read More
September 29, 2021
Laram Law
Bombay High Court Resolves the Conflict between Admiralty and Insolvency Law
Introduction
The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (“Admiralty Act”) is a special law which aims to consolidate the laws relati...
Read More
September 7, 2021
Laram Law
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 ref...
Read More
August 10, 2021
Laram Law
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...
Read More
July 12, 2021
Laram Law
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 ...
June 8, 2021
Laram Law
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...
Read More
May 5, 2021
Laram Law
India Challenges the Cairn Arbitration Award
April 4, 2021
Laram Law
Transferring the IPAB Jurisdiction to commercial courts! Will it ensure speedy justice?
A draft bill has been introduced in the Lok Sabha which proposed to close down the Intellectual Property Appellate Board (IPAB) for good. The Tribunals Reforms (Rationalisation and Conditions of Se...
Read More
March 9, 2021
Laram Law
Non Payment of stamp duty on the commercial contract will not invalidate the arbitration agreement
In a significant development, Hon’ble Supreme Court has held that non- payment of stamp duty on the commercial contract will not invalidate the arbitration agreement. This judgment...
February 23, 2021
Laram Law
After saffron, J&K seeks GI tag for gucchi mushroom
A Geographical Indication tag has been sought for Gucchi, also known as Morel, one of the world’s most expensive mushrooms growing in Kashmir’s Doda district, valued at ove...
January 1, 2021
Laram Law
Arbitration judgments passed by Indian courts in Nov and Dec 2020
In a significant development, Hon’ble Supreme Court had held that Landlord- tenant disputes under Transfer of Property Act are arbitrable. While it will be interesting to see ho...
Read More
December 2, 2020
Laram Law
This time the tussle is over Basmati Rice
Even amidst these challenging times, the world has been witnessing incredible advances in science, technology and innovation. There is news that a vaccine wil...
Read More
November 22, 2020
Laram Law
Newsletter on Arbitration (October 2020)
In the midst of pandemic, with easing of restrictions, Industries and Companies are trying to get back on the wagon. However, this has also given rise to tr...
Read More
October 3, 2020
Laram Law
Register your trademark – prevent the risk of squatting
Sony Play Station 5’s name has been Trademarked in India, except it wasn’t Sony who is the Applicant
When gamers around the world were eagerly awaiting the release of S...
Read More
September 22, 2020
Laram Law
New Rules for the Changed World
On 11th August 2020, the LCIA unveiled the long-awaited update to its Arbitration Rules (LCIA 2020 Rules). The LCIA 2020 Rules will become effective on 1 October 2020 and will a...
Read More
August 8, 2020
Laram Law
IPR Newsletter
While the world looks forward to unlocking themselves from the lockdown due to Covid-19, the Indian business are also taking steps to safeguard their Intellectual ...
Read More
July 21, 2020
Laram Law
Newsletter on Arbitration (June-July, 2020)
In a significant development, the Bombay High Court appointed arbitral tribunal awarded a compensation of ₹4814.67 Crore plus 10% interest from 2012 to Deccan Charge...
Read More
July 20, 2020
Laram Law
Newsletter: Intellectual Property Laws
The field of Intellectual Property laws has not been untouched by the raging pandemic. However, the Indian IP Office has been adapting to these changing times and is facilitating electronic fili...
Read More
June 21, 2020
Laram Law
Arbitration & COVID-19
The imposition of lockdown has significantly impacted the dispute resolution procedures. Arbitration is considered as more flexible dispute resolution procedure and hence t...
Read More
May 4, 2020
Laram Law
Changes notified for Foreign Direct Investment
On 17th April, 2020, Press Note 3 was released by the Department for Promotion of Industry and Internal Trade (DPIIT). Press Note 3 of 2020 revised the following earlier po...
Read More
May 2, 2020
Laram Law
Company law compliances adapting to these virtual times!
Between May 13-16, 2020, the Finance Minister announced a slew of relief measures to fight through these difficult times. COVID-19 has made it difficult for companies to adh...
Read More
May 1, 2020
Laram Law
India is on a path of reform
India is on a path of reform and the corporate law sector is not untouched from this spirit. The first tranche of the relief package announced by the Finance Minister was focused on bringing up the...
Read More
February 1, 2020
Laram Law
The story of distinction between seat and venue
The Courts exercise supervisory jurisdiction over the arbitration proceedings. This supervision is limited to granting interim measures, appointment of arbitrator, assis...
Read More
December 20, 2019
Laram Law
India- IPR friendly nation
In the recent times, India has been trying to establish itself as an Intellectual Property Rights (IPR) friendly nation in the world, by defining its standards as per t...
Read More
December 13, 2019
Laram Law
2019: The Changing Dimensions of IBC
The recent developments in the Insolvency and Bankruptcy Code has dynamically changes the way the code shall be governed in the future. The NCLT, NCLAT and Supreme Court have passed several landmar...
Read More
November 20, 2019
Laram Law
IP Law and Growing Technology
India is paving its way ahead in the field of innovation and technology and was recently ranked among the top 15 countries in relation to intellectual property (IP) fil...
Read More
October 20, 2019
Laram Law
Recent Judgments in Construction Arbitration
Arbitration is becoming a favored dispute resolution process in the infrastructure sector owing to the complexities of construction disputes. The challenges faced durin...
Read More
September 20, 2019
Laram Law
Recent Judgements Affecting the Arbitration Regime
The Madras High Court in 2016 held that mere designation of seat by parties does not oust the jurisdiction of other courts. However within few days, the Apex Court over...
Read More
August 20, 2019
Laram Law
E-commerce platforms restrained from enabling sale of products of ‘direct selling’ companies without their consent
M/s Amway India Enterprises Pvt. Ltd., M/s Modicare Ltd. and M/s Oriflame India Pvt. Ltd. (plaintiffs) filed a batch of seven suits against various e-commerce platforms...
Read More
Laram Law
Evolving Laws to protect Intellectual Property Rights
In this case Dish TV India Ltd. (plaintiff) had filed a suit for permanent injunction restraining Prasar Bharti (defendant) from infringing the trade mark ‘Dish TV’ by adop...
Read More
August 7, 2019
Laram Law
Copyright protection given to “cinematographic films” is at par with other original works.
Yash Raj Films Pvt. Ltd. (plaintiff) filed a copyright infringement case against Sri Sai Ganesh Productions & Ors. (defendant) alleging that the Telugu movie, Jabar...
Read More
August 1, 2019
Laram Law
Does copyright exist in a ‘title’ of a literary work in isolation?
A movie titled ‘Kolaiyuthir Kalam’ which roughly translates to ‘Season of Death/Murders’ starring Nayanthara was in dispute not because of its storyline but because of ...
Read More
June 2, 2019
Laram Law
Media Law & Fashion Law in India
Intellectual property law and the law governing the media are rapidly evolving while becoming increasingly complex. In the age of rapid social media advancement, protection...
Read More
April 20, 2019
Laram Law
Recent judgement affecting the arbitration regime
Recently, the Bombay High Court ruled that stamping of document is not necessary for the appointment of arbitrator. However, within few days post this judgment, the Ape...
Read More
March 20, 2019
Laram Law
Intellectual Property Rights: What’s in a name?
The beginning of this year has seen major developments in the IP Sector. From the Cinematograph (Amendment) Bill, 2019, which has introduced penal provisions for unauth...
Read More
February 16, 2019
Laram Law
The Insolvency and Bankruptcy Code at work
In 2016, India embarked on its journey of building a dedicated framework for resolving cases involving insolvency and bankruptcy, and in no time the National Company Law Tr...
Read More
January 17, 2019
Laram Law
Arbitration – Institution Rules Update
Hong Kong International Arbitration Centre introduces New Rules
The 2013 Hong Kong rules have been revised to add provisions for use of technology to benefit the ...
Read More
January 12, 2019
Laram Law
Issuance of New Rules of the Court of International Commercial Arbitration
Chamber of Commerce and Industry of Romania
In Romania, the Rules of the Court of International Commercial Arbitration which are linked with the Chamber of Commer...
Read More
January 5, 2019
Laram Law
Settlement of disputes in Draft Withdrawal Agreement on Brexit
The Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community unveiled ...
Read More
January 2, 2019
Laram Law
A paradigm shift – Intellectual Property Rights in India
Last year was driven by introducing new technologies in the IPR circuit in India, the most significant of them all being the proposal of the Controller General of Patents, Desig...
Read More
January 1, 2019
Laram Law
Arbitration – Institution Rules Update
Japan Commercial Arbitration issues new sets of Arbitration Rules Japan Commercial Arbitration Association announced issuance of three sets of Arbitration Rules for public ...
Read More
December 2, 2018
Laram Law
Global International Arbitration Update
In arbitration, the main elements are enquiry, hearing of parties, examination of evidence and adjudication of the dispute. Enforcement of an arbitral award is essential. O...
Read More
November 3, 2018
Laram Law
Domestic Judgments affecting Arbitration regime of India
If one finds it challenging to enforce a commercial contract, then rest of the aspect of ease of doing business becomes significantly less relevant. Enforcement of con...
Read More
October 12, 2018
Laram Law
Strengthening IPR policy to foster innovation
India has introduced various reforms in the recent years ensuring credibility with the potential investors and strategic partners for encouraging them to invest in India. S...
Read More
September 6, 2018
Laram Law
Rethinking legislative framework for settling disputes
The Arbitration & Conciliation (Amendment) Act, 2015, did not address certain key issues such as importance of institutional arbitrations at a time when internation...
Read More
June 8, 2018
Laram Law
Incorporating more stringent compliances
Corporate Law governs the rights, relations and conduct of persons, companies, organizations and businesses and regulates the interaction between corporations, investors, s...
Read More
May 5, 2018
Laram Law
Protecting Intangible Creations
Creating Awareness of IPR
This newsletter aims to include the latest updates in the IP segment and recent statutory developments in this regard for creating ...
Read More
April 19, 2018
Laram Law
The Bankruptcy Code is Evolving
In May 2016, India enacted the Insolvency and bankruptcy code, as a major legal reform. The new framework is the time bound process in which cases are admitted and are ...
Read More
February 2, 2018
Laram Law
Competition Law Framework
The Competition Commission of India (‘CCI’) is a market regulator, it does not decide between parties but rather takes note of an anti-comp...
Read More
January 3, 2018
Laram Law
Intellectual Property
Over the years, stringent IPR protection laws have encouraged tremendous foreign investments and efforts in the areas of applied science whereby we overcome numerous ch...
Read More
October 19, 2017
Laram Law
Arbitration and Conciliation (Amendment) Act, 2015
The Arbitration and Conciliation (Amendment) Act, 2015 had brought about prudent modifications in manner of appointment of an Arbitrator, reduced timelines for resolving com...
Read More
September 19, 2017
Laram Law
Intellectual Property Rights (IPR)
The Intellectual Property Rights (IPR) provides for regulatory framework to safeguard the interest of the entities indulged in creativity and innovation for which it has bee...
Read More
February 21, 2024
Laram Law
Protecting Brands In India And Europe: Comparison Of Trademarks Laws
Recently, India and Europe have bolstered economic ties, fostering increased cross-border business. The European Union stands as India’s third largest trading partner, accounting for about 11 perce...
Read More
April 8, 2024
Laram Law
Critical changes in FDI, Competition Law, SEBI’s new guidelines, Direct Listing provisions, and RBI clarifications on AIF investments.
India Opens Space Sector for Foreign Investment
Read More
March 8, 2024
Laram Law
Expanding Horizons: Court’s Stance on Arbitral Authority and Damages
The legislative intent while drafting the Arbitration and Conciliation Act, 1996, was to narrow the ambit of the Courts while considering appeals from arbitration awards. Nevertheless, one has s...
Read More
February 16, 2024
Laram Law
IPR Legal Update: Navigating Recent Copyright and Patent Law Developments in India
Novex Communications Pvt Ltd. Vs Trade Wings Hotels Ltd (Commercial Suit No. 264 of 2022) and Phonographic Performance Ltd. V/s Bunglow 9 and 99 Ors. (Commercial Suit No. 363 of 2019) Read More
January 2, 2024
Laram Law
Latest Corporate Law Insights:
PART-A: COMPANY LAW UPDATES
MCA notifies the Companies (Management and Administration) Second Amendment Rules, 2023 T... Read More
December 7, 2023
Laram Law
Shaping India’s Legal Fabric
In the 90 years of his lifetime, Mr. D.C. Singhania was known to be a philanthropist, educator and most importantly a visionary. In these 65 years of legal practice, his vision and far ... Read More
October 10, 2023
Laram Law
Insightful Exploration into Recent Arbitration Cases in India – Sep & Oct 2023
The Supreme Court of India holds that the power of the court to modify an award is limited to the terms as prescribed under section 34 of the Arbitration and Conciliation Act, 1996.... Read More
August 5, 2023
Laram Law
RECENT LANDMARK RULINGS IN ARBITRATION
Introduction
When one enters into a governmental contract, more often than not, it is a standard template with a standard dispute resolution clause, usually arbitration, with very little ... Read More
September 14, 2023
Laram Law
IPR Spotlight: Key Judgements from July & August in India
Google LLC v. DRS Logistics (P) Ltd. 2023 SCC OnLine Del 4809:
FACTS
DRS Logistics (P) Ltd. (DRS) is a company that provides carriage for goods, p...
Read More
July 12, 2023
Laram Law
IPR NEWSLETTER JULY 2023
CASE TITLE -
Super Cassettes Industries Private Limited Vs. RBEP Entertainment Private Limited and others COMMERCIAL IP SUIT NO.464 OF 2022
Along with
Hungam...
Read More
June 21, 2023
Laram Law
Why Shipping Companies cannot afford to Ignore Environmental and Social Responsibilities
In an era marked by increasing concerns over environmental, social, and governance (ESG) issues, shipping companies find themselves at a crossroads, as they need to prioritize between profits and s...
Read More
May 29, 2023
Laram Law
IPR NEWSLETTER MAY 2023
CASE TITLE -
Indian Performing Right Society Limited vs. Rajasthan Patrika Pvt. Ltd. and Indian Performing Right Society Limited vs. Music Broadcast Limited (28...
Read More
March 27, 2023
Laram Law
Delhi High court adopts a broader interpretation to amend the claims as originally filed in the Patent application
CASE TITLE – Allergan INC vs Controller of Patents, C.A. (COMM. IPD-PAT) 22/2021,
FACTS OF THE CASE –
Hon’ble Delhi High Court has overturned an...
Read More
February 14, 2023
Laram Law
FAQs – ARBITRATION OF IPR DISPUTES IN INDIA
Globalisation, advancement of technology and innovation, and creation of world renowned brands, has made dispute resolution of IPR disputes more complex. Patents or trademarks may be registered ...
Read More
January 17, 2023
Laram Law
IPR DEVELOPMENTS – 2022
There is no infringement of trademarks when the marks are derived from the active ingredient of a drug
In the case of “Sun Pharmaceutical Laboratories v. Hetero Healthcare Ltd. and Anr... Read More
December 13, 2022
Laram Law
Delhi High Court grants an ad interim ex parte order to protect Amitabh Bachchan’s Personality rights
CASE TITLE
Amitabh Bachchan v. Rajat Nagi [CS (COMM) 819 of 2022],FACTS OF THE CASE
The brief facts of the case are that th... Read More
January 3, 2023
Laram Law
Top 10 developments in ADR in India – 2022
Arbitration as a method of dispute resolution has only been growing from strength to strength in India and has been firmly established as an alternative to litigation tha...
Read More
November 8, 2022
Laram Law
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 Read More
October 17, 2022
Laram Law
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 Comp... Read More
September 23, 2022
Laram Law
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 Read More
September 7, 2022
Laram Law
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 appointme... Read More
August 3, 2022
Laram Law
Distinctive elements in an advertisement campaign can get protection under IP Laws
The Hon’ble Delhi High Court held that an advertising campaign can be granted protection under Intellectual Property Laws, if the elements in the said campaign are distinctive and satisfies the thr...
Read More
July 5, 2022
Laram Law
Cox and Kings Limited v. SAP India Private Limited And Anr
Citation: ARBITRATION PETITION (CIVIL) NO. 38 OF 2020
Judgement Date: 06.05.2022
Facts of the case:
Applicant (Cox and Kings Limited) and Respondent no. 1(SAP India Pv...
Read More
June 4, 2022
Laram Law
Trademark application for the slogan “Party Like Gatsby” gets rejected in Singapore
The Intellectual Property Office of Singapore rejected the Ex parte hearing of Trademark application for the slogan “PARTY LIKE GATSBY” as the slogans are a category of marks for which it is o...
Read More
June 3, 2022
Laram Law
Protection for individual words used in a registered trademark
The case of HAMDARD NATIONAL FOUNDATION (INDIA) & ANR. vs. SADAR LABORATORIES PVT. LIMITED, also known as ROOH AFZA vs. DIL AFZA, is a classic example of seeking protection for individual words...
Read More
May 9, 2022
Laram Law
Gujarat Housing Board & Anr. VS. Vandemataram Projects Private Limited
Citation - Civil Appeal No. 2093/2022
Judgment date - 21.03.2022
Facts of the case:
In the month of January 2018, the Gujarat Housing Board ("Appellant Read More
April 6, 2022
Laram Law
Trade Marking The Golden Foil Wrapper Of Lindt’s Chocolate Bunny
One of the products of the Lindt and Sprüngli group (Plaintiff) is the "Lindt-Goldhase" (Lindt Gold Bunny). It is a sitting chocolate bunny wrapped in a golden foil packaging. They have been using ...
Read More
March 9, 2022
Laram Law
UHL Power Company Ltd. Vs. State of Himachal Pradesh
Facts of the case:
A sole arbitrator had awarded a sum of Rupees 26,08,89,107.35/- in favour of UHL Power Company Ltd. (“UHL”) towards expenses claimed along with pre-claim interes... Read More
February 11, 2022
Laram Law
Determination of territorial jurisdiction of Court in matters relating to trademark infringement
Delhi High Court | Copenhagen Hospitality and Retail v. A.R. Impex
In recent matter of Copenhagen Hospitality and Retail v. A.R. Impex it is held that ...
Read More
January 10, 2022
Laram Law
Sripati Singh VS. State of Jharkhand and Anr. (2021 SCC Online SC 1002)
Facts of the case:
In the case on hand, the Appellant advanced a sum of INR 2 Crores to the Respondent No. 2 as a loan who had assured that the same shall be repaid to him at a la...
Read More
December 4, 2021
Laram Law
Latest cases on Copyright laws and proposals on IPR
Newslaundry’s YouTube channel was taken down after India Today reported a 'copyright violation.'
News laundry, who is an independent news media organization, claims that... Read More
December 3, 2021
Laram Law
Latest updates on Indian Trademark Law
Breezer v. Freez Mix
The Delhi High Court on 12th November 2021 granted interim relief to alcohol manufacturer Bacardi (plaintiff) in a trademark dispute relat... Read More
November 25, 2021
Laram Law
Well-known trademarks enjoy enhanced protection
The Italian Supreme Court, in a matter relating to trademark infringement of the popular brand ‘Gucci’ has put forth the opinion that, it makes no difference whether those who are accustomed to pur...
Read More
November 8, 2021
Laram Law
November Arbitration Newsletter
S.P. Singla Constructions Private Limited V. Construction And Design Services, Uttar Pradesh Jal Nigam [ARB.P. 450/2021]
FACTS:
The partie...
Read More
October 8, 2021
Laram Law
Amul Succeeds in waving its flag of Victory in Canada
Marking a first for India's dairy giant Amul, the Canadian Federal Court on June 22, ruled in its favour that a brand named 'Amul Canada' had infringed on Amul's copyright by advertising their prod...
Read More
September 29, 2021
Laram Law
Bombay High Court Resolves the Conflict between Admiralty and Insolvency Law
Introduction
The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (“Admiralty Act”) is a special law which aims to consolidate the laws relati...
Read More
September 7, 2021
Laram Law
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 ref...
Read More
August 10, 2021
Laram Law
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...
Read More
July 12, 2021
Laram Law
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 ...
June 8, 2021
Laram Law
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...
Read More
May 5, 2021
Laram Law
India Challenges the Cairn Arbitration Award
April 4, 2021
Laram Law
Transferring the IPAB Jurisdiction to commercial courts! Will it ensure speedy justice?
A draft bill has been introduced in the Lok Sabha which proposed to close down the Intellectual Property Appellate Board (IPAB) for good. The Tribunals Reforms (Rationalisation and Conditions of Se...
Read More
March 9, 2021
Laram Law
Non Payment of stamp duty on the commercial contract will not invalidate the arbitration agreement
In a significant development, Hon’ble Supreme Court has held that non- payment of stamp duty on the commercial contract will not invalidate the arbitration agreement. This judgment...
February 23, 2021
Laram Law
After saffron, J&K seeks GI tag for gucchi mushroom
A Geographical Indication tag has been sought for Gucchi, also known as Morel, one of the world’s most expensive mushrooms growing in Kashmir’s Doda district, valued at ove...
January 1, 2021
Laram Law
Arbitration judgments passed by Indian courts in Nov and Dec 2020
In a significant development, Hon’ble Supreme Court had held that Landlord- tenant disputes under Transfer of Property Act are arbitrable. While it will be interesting to see ho...
Read More
December 2, 2020
Laram Law
This time the tussle is over Basmati Rice
Even amidst these challenging times, the world has been witnessing incredible advances in science, technology and innovation. There is news that a vaccine wil...
Read More
November 22, 2020
Laram Law
Newsletter on Arbitration (October 2020)
In the midst of pandemic, with easing of restrictions, Industries and Companies are trying to get back on the wagon. However, this has also given rise to tr...
Read More
October 3, 2020
Laram Law
Register your trademark – prevent the risk of squatting
Sony Play Station 5’s name has been Trademarked in India, except it wasn’t Sony who is the Applicant
When gamers around the world were eagerly awaiting the release of S...
Read More
September 22, 2020
Laram Law
New Rules for the Changed World
On 11th August 2020, the LCIA unveiled the long-awaited update to its Arbitration Rules (LCIA 2020 Rules). The LCIA 2020 Rules will become effective on 1 October 2020 and will a...
Read More
August 8, 2020
Laram Law
IPR Newsletter
While the world looks forward to unlocking themselves from the lockdown due to Covid-19, the Indian business are also taking steps to safeguard their Intellectual ...
Read More
July 21, 2020
Laram Law
Newsletter on Arbitration (June-July, 2020)
In a significant development, the Bombay High Court appointed arbitral tribunal awarded a compensation of ₹4814.67 Crore plus 10% interest from 2012 to Deccan Charge...
Read More
July 20, 2020
Laram Law
Newsletter: Intellectual Property Laws
The field of Intellectual Property laws has not been untouched by the raging pandemic. However, the Indian IP Office has been adapting to these changing times and is facilitating electronic fili...
Read More
June 21, 2020
Laram Law
Arbitration & COVID-19
The imposition of lockdown has significantly impacted the dispute resolution procedures. Arbitration is considered as more flexible dispute resolution procedure and hence t...
Read More
May 4, 2020
Laram Law
Changes notified for Foreign Direct Investment
On 17th April, 2020, Press Note 3 was released by the Department for Promotion of Industry and Internal Trade (DPIIT). Press Note 3 of 2020 revised the following earlier po...
Read More
May 2, 2020
Laram Law
Company law compliances adapting to these virtual times!
Between May 13-16, 2020, the Finance Minister announced a slew of relief measures to fight through these difficult times. COVID-19 has made it difficult for companies to adh...
Read More
May 1, 2020
Laram Law
India is on a path of reform
India is on a path of reform and the corporate law sector is not untouched from this spirit. The first tranche of the relief package announced by the Finance Minister was focused on bringing up the...
Read More
February 1, 2020
Laram Law
The story of distinction between seat and venue
The Courts exercise supervisory jurisdiction over the arbitration proceedings. This supervision is limited to granting interim measures, appointment of arbitrator, assis...
Read More
December 20, 2019
Laram Law
India- IPR friendly nation
In the recent times, India has been trying to establish itself as an Intellectual Property Rights (IPR) friendly nation in the world, by defining its standards as per t...
Read More
December 13, 2019
Laram Law
2019: The Changing Dimensions of IBC
The recent developments in the Insolvency and Bankruptcy Code has dynamically changes the way the code shall be governed in the future. The NCLT, NCLAT and Supreme Court have passed several landmar...
Read More
November 20, 2019
Laram Law
IP Law and Growing Technology
India is paving its way ahead in the field of innovation and technology and was recently ranked among the top 15 countries in relation to intellectual property (IP) fil...
Read More
October 20, 2019
Laram Law
Recent Judgments in Construction Arbitration
Arbitration is becoming a favored dispute resolution process in the infrastructure sector owing to the complexities of construction disputes. The challenges faced durin...
Read More
September 20, 2019
Laram Law
Recent Judgements Affecting the Arbitration Regime
The Madras High Court in 2016 held that mere designation of seat by parties does not oust the jurisdiction of other courts. However within few days, the Apex Court over...
Read More
August 20, 2019
Laram Law
E-commerce platforms restrained from enabling sale of products of ‘direct selling’ companies without their consent
M/s Amway India Enterprises Pvt. Ltd., M/s Modicare Ltd. and M/s Oriflame India Pvt. Ltd. (plaintiffs) filed a batch of seven suits against various e-commerce platforms...
Read More
Laram Law
Evolving Laws to protect Intellectual Property Rights
In this case Dish TV India Ltd. (plaintiff) had filed a suit for permanent injunction restraining Prasar Bharti (defendant) from infringing the trade mark ‘Dish TV’ by adop...
Read More
August 7, 2019
Laram Law
Copyright protection given to “cinematographic films” is at par with other original works.
Yash Raj Films Pvt. Ltd. (plaintiff) filed a copyright infringement case against Sri Sai Ganesh Productions & Ors. (defendant) alleging that the Telugu movie, Jabar...
Read More
August 1, 2019
Laram Law
Does copyright exist in a ‘title’ of a literary work in isolation?
A movie titled ‘Kolaiyuthir Kalam’ which roughly translates to ‘Season of Death/Murders’ starring Nayanthara was in dispute not because of its storyline but because of ...
Read More
June 2, 2019
Laram Law
Media Law & Fashion Law in India
Intellectual property law and the law governing the media are rapidly evolving while becoming increasingly complex. In the age of rapid social media advancement, protection...
Read More
April 20, 2019
Laram Law
Recent judgement affecting the arbitration regime
Recently, the Bombay High Court ruled that stamping of document is not necessary for the appointment of arbitrator. However, within few days post this judgment, the Ape...
Read More
March 20, 2019
Laram Law
Intellectual Property Rights: What’s in a name?
The beginning of this year has seen major developments in the IP Sector. From the Cinematograph (Amendment) Bill, 2019, which has introduced penal provisions for unauth...
Read More
February 16, 2019
Laram Law
The Insolvency and Bankruptcy Code at work
In 2016, India embarked on its journey of building a dedicated framework for resolving cases involving insolvency and bankruptcy, and in no time the National Company Law Tr...
Read More
January 17, 2019
Laram Law
Arbitration – Institution Rules Update
Hong Kong International Arbitration Centre introduces New Rules
The 2013 Hong Kong rules have been revised to add provisions for use of technology to benefit the ...
Read More
January 12, 2019
Laram Law
Issuance of New Rules of the Court of International Commercial Arbitration
Chamber of Commerce and Industry of Romania
In Romania, the Rules of the Court of International Commercial Arbitration which are linked with the Chamber of Commer...
Read More
January 5, 2019
Laram Law
Settlement of disputes in Draft Withdrawal Agreement on Brexit
The Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community unveiled ...
Read More
January 2, 2019
Laram Law
A paradigm shift – Intellectual Property Rights in India
Last year was driven by introducing new technologies in the IPR circuit in India, the most significant of them all being the proposal of the Controller General of Patents, Desig...
Read More
January 1, 2019
Laram Law
Arbitration – Institution Rules Update
Japan Commercial Arbitration issues new sets of Arbitration Rules Japan Commercial Arbitration Association announced issuance of three sets of Arbitration Rules for public ...
Read More
December 2, 2018
Laram Law
Global International Arbitration Update
In arbitration, the main elements are enquiry, hearing of parties, examination of evidence and adjudication of the dispute. Enforcement of an arbitral award is essential. O...
Read More
November 3, 2018
Laram Law
Domestic Judgments affecting Arbitration regime of India
If one finds it challenging to enforce a commercial contract, then rest of the aspect of ease of doing business becomes significantly less relevant. Enforcement of con...
Read More
October 12, 2018
Laram Law
Strengthening IPR policy to foster innovation
India has introduced various reforms in the recent years ensuring credibility with the potential investors and strategic partners for encouraging them to invest in India. S...
Read More
September 6, 2018
Laram Law
Rethinking legislative framework for settling disputes
The Arbitration & Conciliation (Amendment) Act, 2015, did not address certain key issues such as importance of institutional arbitrations at a time when internation...
Read More
June 8, 2018
Laram Law
Incorporating more stringent compliances
Corporate Law governs the rights, relations and conduct of persons, companies, organizations and businesses and regulates the interaction between corporations, investors, s...
Read More
May 5, 2018
Laram Law
Protecting Intangible Creations
Creating Awareness of IPR
This newsletter aims to include the latest updates in the IP segment and recent statutory developments in this regard for creating ...
Read More
April 19, 2018
Laram Law
The Bankruptcy Code is Evolving
In May 2016, India enacted the Insolvency and bankruptcy code, as a major legal reform. The new framework is the time bound process in which cases are admitted and are ...
Read More
February 2, 2018
Laram Law
Competition Law Framework
The Competition Commission of India (‘CCI’) is a market regulator, it does not decide between parties but rather takes note of an anti-comp...
Read More
January 3, 2018
Laram Law
Intellectual Property
Over the years, stringent IPR protection laws have encouraged tremendous foreign investments and efforts in the areas of applied science whereby we overcome numerous ch...
Read More
October 19, 2017
Laram Law
Arbitration and Conciliation (Amendment) Act, 2015
The Arbitration and Conciliation (Amendment) Act, 2015 had brought about prudent modifications in manner of appointment of an Arbitrator, reduced timelines for resolving com...
Read More
September 19, 2017
Laram Law
Intellectual Property Rights (IPR)
The Intellectual Property Rights (IPR) provides for regulatory framework to safeguard the interest of the entities indulged in creativity and innovation for which it has bee...
Read More
February 21, 2024
Laram Law
Protecting Brands In India And Europe: Comparison Of Trademarks Laws
Recently, India and Europe have bolstered economic ties, fostering increased cross-border business. The European Union stands as India’s third largest trading partner, accounting for about 11 perce...
Read More
April 8, 2024
Laram Law
Critical changes in FDI, Competition Law, SEBI’s new guidelines, Direct Listing provisions, and RBI clarifications on AIF investments.
India Opens Space Sector for Foreign Investment
Read More
March 8, 2024
Laram Law
Expanding Horizons: Court’s Stance on Arbitral Authority and Damages
The legislative intent while drafting the Arbitration and Conciliation Act, 1996, was to narrow the ambit of the Courts while considering appeals from arbitration awards. Nevertheless, one has s...
Read More
February 16, 2024
Laram Law
IPR Legal Update: Navigating Recent Copyright and Patent Law Developments in India
Novex Communications Pvt Ltd. Vs Trade Wings Hotels Ltd (Commercial Suit No. 264 of 2022) and Phonographic Performance Ltd. V/s Bunglow 9 and 99 Ors. (Commercial Suit No. 363 of 2019) Read More
January 2, 2024
Laram Law
Latest Corporate Law Insights:
PART-A: COMPANY LAW UPDATES
MCA notifies the Companies (Management and Administration) Second Amendment Rules, 2023 T... Read More
December 7, 2023
Laram Law
Shaping India’s Legal Fabric
In the 90 years of his lifetime, Mr. D.C. Singhania was known to be a philanthropist, educator and most importantly a visionary. In these 65 years of legal practice, his vision and far ... Read More
October 10, 2023
Laram Law
Insightful Exploration into Recent Arbitration Cases in India – Sep & Oct 2023
The Supreme Court of India holds that the power of the court to modify an award is limited to the terms as prescribed under section 34 of the Arbitration and Conciliation Act, 1996.... Read More
August 5, 2023
Laram Law
RECENT LANDMARK RULINGS IN ARBITRATION
Introduction
When one enters into a governmental contract, more often than not, it is a standard template with a standard dispute resolution clause, usually arbitration, with very little ... Read More
September 14, 2023
Laram Law
IPR Spotlight: Key Judgements from July & August in India
Google LLC v. DRS Logistics (P) Ltd. 2023 SCC OnLine Del 4809:
FACTS
DRS Logistics (P) Ltd. (DRS) is a company that provides carriage for goods, p...
Read More
July 12, 2023
Laram Law
IPR NEWSLETTER JULY 2023
CASE TITLE -
Super Cassettes Industries Private Limited Vs. RBEP Entertainment Private Limited and others COMMERCIAL IP SUIT NO.464 OF 2022
Along with
Hungam...
Read More
June 21, 2023
Laram Law
Why Shipping Companies cannot afford to Ignore Environmental and Social Responsibilities
In an era marked by increasing concerns over environmental, social, and governance (ESG) issues, shipping companies find themselves at a crossroads, as they need to prioritize between profits and s...
Read More
May 29, 2023
Laram Law
IPR NEWSLETTER MAY 2023
CASE TITLE -
Indian Performing Right Society Limited vs. Rajasthan Patrika Pvt. Ltd. and Indian Performing Right Society Limited vs. Music Broadcast Limited (28...
Read More
March 27, 2023
Laram Law
Delhi High court adopts a broader interpretation to amend the claims as originally filed in the Patent application
CASE TITLE – Allergan INC vs Controller of Patents, C.A. (COMM. IPD-PAT) 22/2021,
FACTS OF THE CASE –
Hon’ble Delhi High Court has overturned an...
Read More
February 14, 2023
Laram Law
FAQs – ARBITRATION OF IPR DISPUTES IN INDIA
Globalisation, advancement of technology and innovation, and creation of world renowned brands, has made dispute resolution of IPR disputes more complex. Patents or trademarks may be registered ...
Read More
January 17, 2023
Laram Law
IPR DEVELOPMENTS – 2022
There is no infringement of trademarks when the marks are derived from the active ingredient of a drug
In the case of “Sun Pharmaceutical Laboratories v. Hetero Healthcare Ltd. and Anr... Read More
December 13, 2022
Laram Law
Delhi High Court grants an ad interim ex parte order to protect Amitabh Bachchan’s Personality rights
CASE TITLE
Amitabh Bachchan v. Rajat Nagi [CS (COMM) 819 of 2022],FACTS OF THE CASE
The brief facts of the case are that th... Read More
January 3, 2023
Laram Law
Top 10 developments in ADR in India – 2022
Arbitration as a method of dispute resolution has only been growing from strength to strength in India and has been firmly established as an alternative to litigation tha...
Read More
November 8, 2022
Laram Law
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 Read More
October 17, 2022
Laram Law
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 Comp... Read More
September 23, 2022
Laram Law
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 Read More
September 7, 2022
Laram Law
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 appointme... Read More
August 3, 2022
Laram Law
Distinctive elements in an advertisement campaign can get protection under IP Laws
The Hon’ble Delhi High Court held that an advertising campaign can be granted protection under Intellectual Property Laws, if the elements in the said campaign are distinctive and satisfies the thr...
Read More
July 5, 2022
Laram Law
Cox and Kings Limited v. SAP India Private Limited And Anr
Citation: ARBITRATION PETITION (CIVIL) NO. 38 OF 2020
Judgement Date: 06.05.2022
Facts of the case:
Applicant (Cox and Kings Limited) and Respondent no. 1(SAP India Pv...
Read More
June 4, 2022
Laram Law
Trademark application for the slogan “Party Like Gatsby” gets rejected in Singapore
The Intellectual Property Office of Singapore rejected the Ex parte hearing of Trademark application for the slogan “PARTY LIKE GATSBY” as the slogans are a category of marks for which it is o...
Read More
June 3, 2022
Laram Law
Protection for individual words used in a registered trademark
The case of HAMDARD NATIONAL FOUNDATION (INDIA) & ANR. vs. SADAR LABORATORIES PVT. LIMITED, also known as ROOH AFZA vs. DIL AFZA, is a classic example of seeking protection for individual words...
Read More
May 9, 2022
Laram Law
Gujarat Housing Board & Anr. VS. Vandemataram Projects Private Limited
Citation - Civil Appeal No. 2093/2022
Judgment date - 21.03.2022
Facts of the case:
In the month of January 2018, the Gujarat Housing Board ("Appellant Read More
April 6, 2022
Laram Law
Trade Marking The Golden Foil Wrapper Of Lindt’s Chocolate Bunny
One of the products of the Lindt and Sprüngli group (Plaintiff) is the "Lindt-Goldhase" (Lindt Gold Bunny). It is a sitting chocolate bunny wrapped in a golden foil packaging. They have been using ...
Read More
March 9, 2022
Laram Law
UHL Power Company Ltd. Vs. State of Himachal Pradesh
Facts of the case:
A sole arbitrator had awarded a sum of Rupees 26,08,89,107.35/- in favour of UHL Power Company Ltd. (“UHL”) towards expenses claimed along with pre-claim interes... Read More
February 11, 2022
Laram Law
Determination of territorial jurisdiction of Court in matters relating to trademark infringement
Delhi High Court | Copenhagen Hospitality and Retail v. A.R. Impex
In recent matter of Copenhagen Hospitality and Retail v. A.R. Impex it is held that ...
Read More
January 10, 2022
Laram Law
Sripati Singh VS. State of Jharkhand and Anr. (2021 SCC Online SC 1002)
Facts of the case:
In the case on hand, the Appellant advanced a sum of INR 2 Crores to the Respondent No. 2 as a loan who had assured that the same shall be repaid to him at a la...
Read More
December 4, 2021
Laram Law
Latest cases on Copyright laws and proposals on IPR
Newslaundry’s YouTube channel was taken down after India Today reported a 'copyright violation.'
News laundry, who is an independent news media organization, claims that... Read More
December 3, 2021
Laram Law
Latest updates on Indian Trademark Law
Breezer v. Freez Mix
The Delhi High Court on 12th November 2021 granted interim relief to alcohol manufacturer Bacardi (plaintiff) in a trademark dispute relat... Read More
November 25, 2021
Laram Law
Well-known trademarks enjoy enhanced protection
The Italian Supreme Court, in a matter relating to trademark infringement of the popular brand ‘Gucci’ has put forth the opinion that, it makes no difference whether those who are accustomed to pur...
Read More
November 8, 2021
Laram Law
November Arbitration Newsletter
S.P. Singla Constructions Private Limited V. Construction And Design Services, Uttar Pradesh Jal Nigam [ARB.P. 450/2021]
FACTS:
The partie...
Read More
October 8, 2021
Laram Law
Amul Succeeds in waving its flag of Victory in Canada
Marking a first for India's dairy giant Amul, the Canadian Federal Court on June 22, ruled in its favour that a brand named 'Amul Canada' had infringed on Amul's copyright by advertising their prod...
Read More
September 29, 2021
Laram Law
Bombay High Court Resolves the Conflict between Admiralty and Insolvency Law
Introduction
The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (“Admiralty Act”) is a special law which aims to consolidate the laws relati...
Read More
September 7, 2021
Laram Law
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 ref...
Read More
August 10, 2021
Laram Law
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...
Read More
July 12, 2021
Laram Law
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 ...
June 8, 2021
Laram Law
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...
Read More
May 5, 2021
Laram Law
India Challenges the Cairn Arbitration Award
April 4, 2021
Laram Law
Transferring the IPAB Jurisdiction to commercial courts! Will it ensure speedy justice?
A draft bill has been introduced in the Lok Sabha which proposed to close down the Intellectual Property Appellate Board (IPAB) for good. The Tribunals Reforms (Rationalisation and Conditions of Se...
Read More
March 9, 2021
Laram Law
Non Payment of stamp duty on the commercial contract will not invalidate the arbitration agreement
In a significant development, Hon’ble Supreme Court has held that non- payment of stamp duty on the commercial contract will not invalidate the arbitration agreement. This judgment...
February 23, 2021
Laram Law
After saffron, J&K seeks GI tag for gucchi mushroom
A Geographical Indication tag has been sought for Gucchi, also known as Morel, one of the world’s most expensive mushrooms growing in Kashmir’s Doda district, valued at ove...
January 1, 2021
Laram Law
Arbitration judgments passed by Indian courts in Nov and Dec 2020
In a significant development, Hon’ble Supreme Court had held that Landlord- tenant disputes under Transfer of Property Act are arbitrable. While it will be interesting to see ho...
Read More
December 2, 2020
Laram Law
This time the tussle is over Basmati Rice
Even amidst these challenging times, the world has been witnessing incredible advances in science, technology and innovation. There is news that a vaccine wil...
Read More
November 22, 2020
Laram Law
Newsletter on Arbitration (October 2020)
In the midst of pandemic, with easing of restrictions, Industries and Companies are trying to get back on the wagon. However, this has also given rise to tr...
Read More
October 3, 2020
Laram Law
Register your trademark – prevent the risk of squatting
Sony Play Station 5’s name has been Trademarked in India, except it wasn’t Sony who is the Applicant
When gamers around the world were eagerly awaiting the release of S...
Read More
September 22, 2020
Laram Law
New Rules for the Changed World
On 11th August 2020, the LCIA unveiled the long-awaited update to its Arbitration Rules (LCIA 2020 Rules). The LCIA 2020 Rules will become effective on 1 October 2020 and will a...
Read More
August 8, 2020
Laram Law
IPR Newsletter
While the world looks forward to unlocking themselves from the lockdown due to Covid-19, the Indian business are also taking steps to safeguard their Intellectual ...
Read More
July 21, 2020
Laram Law
Newsletter on Arbitration (June-July, 2020)
In a significant development, the Bombay High Court appointed arbitral tribunal awarded a compensation of ₹4814.67 Crore plus 10% interest from 2012 to Deccan Charge...
Read More
July 20, 2020
Laram Law
Newsletter: Intellectual Property Laws
The field of Intellectual Property laws has not been untouched by the raging pandemic. However, the Indian IP Office has been adapting to these changing times and is facilitating electronic fili...
Read More
June 21, 2020
Laram Law
Arbitration & COVID-19
The imposition of lockdown has significantly impacted the dispute resolution procedures. Arbitration is considered as more flexible dispute resolution procedure and hence t...
Read More
May 4, 2020
Laram Law
Changes notified for Foreign Direct Investment
On 17th April, 2020, Press Note 3 was released by the Department for Promotion of Industry and Internal Trade (DPIIT). Press Note 3 of 2020 revised the following earlier po...
Read More
May 2, 2020
Laram Law
Company law compliances adapting to these virtual times!
Between May 13-16, 2020, the Finance Minister announced a slew of relief measures to fight through these difficult times. COVID-19 has made it difficult for companies to adh...
Read More
May 1, 2020
Laram Law
India is on a path of reform
India is on a path of reform and the corporate law sector is not untouched from this spirit. The first tranche of the relief package announced by the Finance Minister was focused on bringing up the...
Read More
February 1, 2020
Laram Law
The story of distinction between seat and venue
The Courts exercise supervisory jurisdiction over the arbitration proceedings. This supervision is limited to granting interim measures, appointment of arbitrator, assis...
Read More
December 20, 2019
Laram Law
India- IPR friendly nation
In the recent times, India has been trying to establish itself as an Intellectual Property Rights (IPR) friendly nation in the world, by defining its standards as per t...
Read More
December 13, 2019
Laram Law
2019: The Changing Dimensions of IBC
The recent developments in the Insolvency and Bankruptcy Code has dynamically changes the way the code shall be governed in the future. The NCLT, NCLAT and Supreme Court have passed several landmar...
Read More
November 20, 2019
Laram Law
IP Law and Growing Technology
India is paving its way ahead in the field of innovation and technology and was recently ranked among the top 15 countries in relation to intellectual property (IP) fil...
Read More
October 20, 2019
Laram Law
Recent Judgments in Construction Arbitration
Arbitration is becoming a favored dispute resolution process in the infrastructure sector owing to the complexities of construction disputes. The challenges faced durin...
Read More
September 20, 2019
Laram Law
Recent Judgements Affecting the Arbitration Regime
The Madras High Court in 2016 held that mere designation of seat by parties does not oust the jurisdiction of other courts. However within few days, the Apex Court over...
Read More
August 20, 2019
Laram Law
E-commerce platforms restrained from enabling sale of products of ‘direct selling’ companies without their consent
M/s Amway India Enterprises Pvt. Ltd., M/s Modicare Ltd. and M/s Oriflame India Pvt. Ltd. (plaintiffs) filed a batch of seven suits against various e-commerce platforms...
Read More
Laram Law
Evolving Laws to protect Intellectual Property Rights
In this case Dish TV India Ltd. (plaintiff) had filed a suit for permanent injunction restraining Prasar Bharti (defendant) from infringing the trade mark ‘Dish TV’ by adop...
Read More
August 7, 2019
Laram Law
Copyright protection given to “cinematographic films” is at par with other original works.
Yash Raj Films Pvt. Ltd. (plaintiff) filed a copyright infringement case against Sri Sai Ganesh Productions & Ors. (defendant) alleging that the Telugu movie, Jabar...
Read More
August 1, 2019
Laram Law
Does copyright exist in a ‘title’ of a literary work in isolation?
A movie titled ‘Kolaiyuthir Kalam’ which roughly translates to ‘Season of Death/Murders’ starring Nayanthara was in dispute not because of its storyline but because of ...
Read More
June 2, 2019
Laram Law
Media Law & Fashion Law in India
Intellectual property law and the law governing the media are rapidly evolving while becoming increasingly complex. In the age of rapid social media advancement, protection...
Read More
April 20, 2019
Laram Law
Recent judgement affecting the arbitration regime
Recently, the Bombay High Court ruled that stamping of document is not necessary for the appointment of arbitrator. However, within few days post this judgment, the Ape...
Read More
March 20, 2019
Laram Law
Intellectual Property Rights: What’s in a name?
The beginning of this year has seen major developments in the IP Sector. From the Cinematograph (Amendment) Bill, 2019, which has introduced penal provisions for unauth...
Read More
February 16, 2019
Laram Law
The Insolvency and Bankruptcy Code at work
In 2016, India embarked on its journey of building a dedicated framework for resolving cases involving insolvency and bankruptcy, and in no time the National Company Law Tr...
Read More
January 17, 2019
Laram Law
Arbitration – Institution Rules Update
Hong Kong International Arbitration Centre introduces New Rules
The 2013 Hong Kong rules have been revised to add provisions for use of technology to benefit the ...
Read More
January 12, 2019
Laram Law
Issuance of New Rules of the Court of International Commercial Arbitration
Chamber of Commerce and Industry of Romania
In Romania, the Rules of the Court of International Commercial Arbitration which are linked with the Chamber of Commer...
Read More
January 5, 2019
Laram Law
Settlement of disputes in Draft Withdrawal Agreement on Brexit
The Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community unveiled ...
Read More
January 2, 2019
Laram Law
A paradigm shift – Intellectual Property Rights in India
Last year was driven by introducing new technologies in the IPR circuit in India, the most significant of them all being the proposal of the Controller General of Patents, Desig...
Read More
January 1, 2019
Laram Law
Arbitration – Institution Rules Update
Japan Commercial Arbitration issues new sets of Arbitration Rules Japan Commercial Arbitration Association announced issuance of three sets of Arbitration Rules for public ...
Read More
December 2, 2018
Laram Law
Global International Arbitration Update
In arbitration, the main elements are enquiry, hearing of parties, examination of evidence and adjudication of the dispute. Enforcement of an arbitral award is essential. O...
Read More
November 3, 2018
Laram Law
Domestic Judgments affecting Arbitration regime of India
If one finds it challenging to enforce a commercial contract, then rest of the aspect of ease of doing business becomes significantly less relevant. Enforcement of con...
Read More
October 12, 2018
Laram Law
Strengthening IPR policy to foster innovation
India has introduced various reforms in the recent years ensuring credibility with the potential investors and strategic partners for encouraging them to invest in India. S...
Read More
September 6, 2018
Laram Law
Rethinking legislative framework for settling disputes
The Arbitration & Conciliation (Amendment) Act, 2015, did not address certain key issues such as importance of institutional arbitrations at a time when internation...
Read More
June 8, 2018
Laram Law
Incorporating more stringent compliances
Corporate Law governs the rights, relations and conduct of persons, companies, organizations and businesses and regulates the interaction between corporations, investors, s...
Read More
May 5, 2018
Laram Law
Protecting Intangible Creations
Creating Awareness of IPR
This newsletter aims to include the latest updates in the IP segment and recent statutory developments in this regard for creating ...
Read More
April 19, 2018
Laram Law
The Bankruptcy Code is Evolving
In May 2016, India enacted the Insolvency and bankruptcy code, as a major legal reform. The new framework is the time bound process in which cases are admitted and are ...
Read More
February 2, 2018
Laram Law
Competition Law Framework
The Competition Commission of India (‘CCI’) is a market regulator, it does not decide between parties but rather takes note of an anti-comp...
Read More
January 3, 2018
Laram Law
Intellectual Property
Over the years, stringent IPR protection laws have encouraged tremendous foreign investments and efforts in the areas of applied science whereby we overcome numerous ch...
Read More
October 19, 2017
Laram Law
Arbitration and Conciliation (Amendment) Act, 2015
The Arbitration and Conciliation (Amendment) Act, 2015 had brought about prudent modifications in manner of appointment of an Arbitrator, reduced timelines for resolving com...
Read More
September 19, 2017
Laram Law
Intellectual Property Rights (IPR)
The Intellectual Property Rights (IPR) provides for regulatory framework to safeguard the interest of the entities indulged in creativity and innovation for which it has bee...
Read More
February 21, 2024
Laram Law
Protecting Brands In India And Europe: Comparison Of Trademarks Laws
Recently, India and Europe have bolstered economic ties, fostering increased cross-border business. The European Union stands as India’s third largest trading partner, accounting for about 11 perce...
Read More
April 8, 2024
Laram Law
Critical changes in FDI, Competition Law, SEBI’s new guidelines, Direct Listing provisions, and RBI clarifications on AIF investments.
India Opens Space Sector for Foreign Investment
Read More
March 8, 2024
Laram Law
Expanding Horizons: Court’s Stance on Arbitral Authority and Damages
The legislative intent while drafting the Arbitration and Conciliation Act, 1996, was to narrow the ambit of the Courts while considering appeals from arbitration awards. Nevertheless, one has s...
Read More
February 16, 2024
Laram Law
IPR Legal Update: Navigating Recent Copyright and Patent Law Developments in India
Novex Communications Pvt Ltd. Vs Trade Wings Hotels Ltd (Commercial Suit No. 264 of 2022) and Phonographic Performance Ltd. V/s Bunglow 9 and 99 Ors. (Commercial Suit No. 363 of 2019) Read More
January 2, 2024
Laram Law
Latest Corporate Law Insights:
PART-A: COMPANY LAW UPDATES
MCA notifies the Companies (Management and Administration) Second Amendment Rules, 2023 T... Read More
December 7, 2023
Laram Law
Shaping India’s Legal Fabric
In the 90 years of his lifetime, Mr. D.C. Singhania was known to be a philanthropist, educator and most importantly a visionary. In these 65 years of legal practice, his vision and far ... Read More
October 10, 2023
Laram Law
Insightful Exploration into Recent Arbitration Cases in India – Sep & Oct 2023
The Supreme Court of India holds that the power of the court to modify an award is limited to the terms as prescribed under section 34 of the Arbitration and Conciliation Act, 1996.... Read More
August 5, 2023
Laram Law
RECENT LANDMARK RULINGS IN ARBITRATION
Introduction
When one enters into a governmental contract, more often than not, it is a standard template with a standard dispute resolution clause, usually arbitration, with very little ... Read More
September 14, 2023
Laram Law
IPR Spotlight: Key Judgements from July & August in India
Google LLC v. DRS Logistics (P) Ltd. 2023 SCC OnLine Del 4809:
FACTS
DRS Logistics (P) Ltd. (DRS) is a company that provides carriage for goods, p...
Read More
July 12, 2023
Laram Law
IPR NEWSLETTER JULY 2023
CASE TITLE -
Super Cassettes Industries Private Limited Vs. RBEP Entertainment Private Limited and others COMMERCIAL IP SUIT NO.464 OF 2022
Along with
Hungam...
Read More
June 21, 2023
Laram Law
Why Shipping Companies cannot afford to Ignore Environmental and Social Responsibilities
In an era marked by increasing concerns over environmental, social, and governance (ESG) issues, shipping companies find themselves at a crossroads, as they need to prioritize between profits and s...
Read More
May 29, 2023
Laram Law
IPR NEWSLETTER MAY 2023
CASE TITLE -
Indian Performing Right Society Limited vs. Rajasthan Patrika Pvt. Ltd. and Indian Performing Right Society Limited vs. Music Broadcast Limited (28...
Read More
March 27, 2023
Laram Law
Delhi High court adopts a broader interpretation to amend the claims as originally filed in the Patent application
CASE TITLE – Allergan INC vs Controller of Patents, C.A. (COMM. IPD-PAT) 22/2021,
FACTS OF THE CASE –
Hon’ble Delhi High Court has overturned an...
Read More
February 14, 2023
Laram Law
FAQs – ARBITRATION OF IPR DISPUTES IN INDIA
Globalisation, advancement of technology and innovation, and creation of world renowned brands, has made dispute resolution of IPR disputes more complex. Patents or trademarks may be registered ...
Read More
January 17, 2023
Laram Law
IPR DEVELOPMENTS – 2022
There is no infringement of trademarks when the marks are derived from the active ingredient of a drug
In the case of “Sun Pharmaceutical Laboratories v. Hetero Healthcare Ltd. and Anr... Read More
December 13, 2022
Laram Law
Delhi High Court grants an ad interim ex parte order to protect Amitabh Bachchan’s Personality rights
CASE TITLE
Amitabh Bachchan v. Rajat Nagi [CS (COMM) 819 of 2022],FACTS OF THE CASE
The brief facts of the case are that th... Read More
January 3, 2023
Laram Law
Top 10 developments in ADR in India – 2022
Arbitration as a method of dispute resolution has only been growing from strength to strength in India and has been firmly established as an alternative to litigation tha...
Read More
November 8, 2022
Laram Law
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 Read More
October 17, 2022
Laram Law
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 Comp... Read More
September 23, 2022
Laram Law
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 Read More
September 7, 2022
Laram Law
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 appointme... Read More
August 3, 2022
Laram Law
Distinctive elements in an advertisement campaign can get protection under IP Laws
The Hon’ble Delhi High Court held that an advertising campaign can be granted protection under Intellectual Property Laws, if the elements in the said campaign are distinctive and satisfies the thr...
Read More
July 5, 2022
Laram Law
Cox and Kings Limited v. SAP India Private Limited And Anr
Citation: ARBITRATION PETITION (CIVIL) NO. 38 OF 2020
Judgement Date: 06.05.2022
Facts of the case:
Applicant (Cox and Kings Limited) and Respondent no. 1(SAP India Pv...
Read More
June 4, 2022
Laram Law
Trademark application for the slogan “Party Like Gatsby” gets rejected in Singapore
The Intellectual Property Office of Singapore rejected the Ex parte hearing of Trademark application for the slogan “PARTY LIKE GATSBY” as the slogans are a category of marks for which it is o...
Read More
June 3, 2022
Laram Law
Protection for individual words used in a registered trademark
The case of HAMDARD NATIONAL FOUNDATION (INDIA) & ANR. vs. SADAR LABORATORIES PVT. LIMITED, also known as ROOH AFZA vs. DIL AFZA, is a classic example of seeking protection for individual words...
Read More
May 9, 2022
Laram Law
Gujarat Housing Board & Anr. VS. Vandemataram Projects Private Limited
Citation - Civil Appeal No. 2093/2022
Judgment date - 21.03.2022
Facts of the case:
In the month of January 2018, the Gujarat Housing Board ("Appellant Read More
April 6, 2022
Laram Law
Trade Marking The Golden Foil Wrapper Of Lindt’s Chocolate Bunny
One of the products of the Lindt and Sprüngli group (Plaintiff) is the "Lindt-Goldhase" (Lindt Gold Bunny). It is a sitting chocolate bunny wrapped in a golden foil packaging. They have been using ...
Read More
March 9, 2022
Laram Law
UHL Power Company Ltd. Vs. State of Himachal Pradesh
Facts of the case:
A sole arbitrator had awarded a sum of Rupees 26,08,89,107.35/- in favour of UHL Power Company Ltd. (“UHL”) towards expenses claimed along with pre-claim interes... Read More
February 11, 2022
Laram Law
Determination of territorial jurisdiction of Court in matters relating to trademark infringement
Delhi High Court | Copenhagen Hospitality and Retail v. A.R. Impex
In recent matter of Copenhagen Hospitality and Retail v. A.R. Impex it is held that ...
Read More
January 10, 2022
Laram Law
Sripati Singh VS. State of Jharkhand and Anr. (2021 SCC Online SC 1002)
Facts of the case:
In the case on hand, the Appellant advanced a sum of INR 2 Crores to the Respondent No. 2 as a loan who had assured that the same shall be repaid to him at a la...
Read More
December 4, 2021
Laram Law
Latest cases on Copyright laws and proposals on IPR
Newslaundry’s YouTube channel was taken down after India Today reported a 'copyright violation.'
News laundry, who is an independent news media organization, claims that... Read More
December 3, 2021
Laram Law
Latest updates on Indian Trademark Law
Breezer v. Freez Mix
The Delhi High Court on 12th November 2021 granted interim relief to alcohol manufacturer Bacardi (plaintiff) in a trademark dispute relat... Read More
November 25, 2021
Laram Law
Well-known trademarks enjoy enhanced protection
The Italian Supreme Court, in a matter relating to trademark infringement of the popular brand ‘Gucci’ has put forth the opinion that, it makes no difference whether those who are accustomed to pur...
Read More
November 8, 2021
Laram Law
November Arbitration Newsletter
S.P. Singla Constructions Private Limited V. Construction And Design Services, Uttar Pradesh Jal Nigam [ARB.P. 450/2021]
FACTS:
The partie...
Read More
October 8, 2021
Laram Law
Amul Succeeds in waving its flag of Victory in Canada
Marking a first for India's dairy giant Amul, the Canadian Federal Court on June 22, ruled in its favour that a brand named 'Amul Canada' had infringed on Amul's copyright by advertising their prod...
Read More
September 29, 2021
Laram Law
Bombay High Court Resolves the Conflict between Admiralty and Insolvency Law
Introduction
The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (“Admiralty Act”) is a special law which aims to consolidate the laws relati...
Read More
September 7, 2021
Laram Law
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 ref...
Read More
August 10, 2021
Laram Law
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...
Read More
July 12, 2021
Laram Law
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 ...
June 8, 2021
Laram Law
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...
Read More
May 5, 2021
Laram Law
India Challenges the Cairn Arbitration Award
April 4, 2021
Laram Law
Transferring the IPAB Jurisdiction to commercial courts! Will it ensure speedy justice?
A draft bill has been introduced in the Lok Sabha which proposed to close down the Intellectual Property Appellate Board (IPAB) for good. The Tribunals Reforms (Rationalisation and Conditions of Se...
Read More
March 9, 2021
Laram Law
Non Payment of stamp duty on the commercial contract will not invalidate the arbitration agreement
In a significant development, Hon’ble Supreme Court has held that non- payment of stamp duty on the commercial contract will not invalidate the arbitration agreement. This judgment...
February 23, 2021
Laram Law
After saffron, J&K seeks GI tag for gucchi mushroom
A Geographical Indication tag has been sought for Gucchi, also known as Morel, one of the world’s most expensive mushrooms growing in Kashmir’s Doda district, valued at ove...
January 1, 2021
Laram Law
Arbitration judgments passed by Indian courts in Nov and Dec 2020
In a significant development, Hon’ble Supreme Court had held that Landlord- tenant disputes under Transfer of Property Act are arbitrable. While it will be interesting to see ho...
Read More
December 2, 2020
Laram Law
This time the tussle is over Basmati Rice
Even amidst these challenging times, the world has been witnessing incredible advances in science, technology and innovation. There is news that a vaccine wil...
Read More
November 22, 2020
Laram Law
Newsletter on Arbitration (October 2020)
In the midst of pandemic, with easing of restrictions, Industries and Companies are trying to get back on the wagon. However, this has also given rise to tr...
Read More
October 3, 2020
Laram Law
Register your trademark – prevent the risk of squatting
Sony Play Station 5’s name has been Trademarked in India, except it wasn’t Sony who is the Applicant
When gamers around the world were eagerly awaiting the release of S...
Read More
September 22, 2020
Laram Law
New Rules for the Changed World
On 11th August 2020, the LCIA unveiled the long-awaited update to its Arbitration Rules (LCIA 2020 Rules). The LCIA 2020 Rules will become effective on 1 October 2020 and will a...
Read More
August 8, 2020
Laram Law
IPR Newsletter
While the world looks forward to unlocking themselves from the lockdown due to Covid-19, the Indian business are also taking steps to safeguard their Intellectual ...
Read More
July 21, 2020
Laram Law
Newsletter on Arbitration (June-July, 2020)
In a significant development, the Bombay High Court appointed arbitral tribunal awarded a compensation of ₹4814.67 Crore plus 10% interest from 2012 to Deccan Charge...
Read More
July 20, 2020
Laram Law
Newsletter: Intellectual Property Laws
The field of Intellectual Property laws has not been untouched by the raging pandemic. However, the Indian IP Office has been adapting to these changing times and is facilitating electronic fili...
Read More
June 21, 2020
Laram Law
Arbitration & COVID-19
The imposition of lockdown has significantly impacted the dispute resolution procedures. Arbitration is considered as more flexible dispute resolution procedure and hence t...
Read More
May 4, 2020
Laram Law
Changes notified for Foreign Direct Investment
On 17th April, 2020, Press Note 3 was released by the Department for Promotion of Industry and Internal Trade (DPIIT). Press Note 3 of 2020 revised the following earlier po...
Read More
May 2, 2020
Laram Law
Company law compliances adapting to these virtual times!
Between May 13-16, 2020, the Finance Minister announced a slew of relief measures to fight through these difficult times. COVID-19 has made it difficult for companies to adh...
Read More
May 1, 2020
Laram Law
India is on a path of reform
India is on a path of reform and the corporate law sector is not untouched from this spirit. The first tranche of the relief package announced by the Finance Minister was focused on bringing up the...
Read More
February 1, 2020
Laram Law
The story of distinction between seat and venue
The Courts exercise supervisory jurisdiction over the arbitration proceedings. This supervision is limited to granting interim measures, appointment of arbitrator, assis...
Read More
December 20, 2019
Laram Law
India- IPR friendly nation
In the recent times, India has been trying to establish itself as an Intellectual Property Rights (IPR) friendly nation in the world, by defining its standards as per t...
Read More
December 13, 2019
Laram Law
2019: The Changing Dimensions of IBC
The recent developments in the Insolvency and Bankruptcy Code has dynamically changes the way the code shall be governed in the future. The NCLT, NCLAT and Supreme Court have passed several landmar...
Read More
November 20, 2019
Laram Law
IP Law and Growing Technology
India is paving its way ahead in the field of innovation and technology and was recently ranked among the top 15 countries in relation to intellectual property (IP) fil...
Read More
October 20, 2019
Laram Law
Recent Judgments in Construction Arbitration
Arbitration is becoming a favored dispute resolution process in the infrastructure sector owing to the complexities of construction disputes. The challenges faced durin...
Read More
September 20, 2019
Laram Law
Recent Judgements Affecting the Arbitration Regime
The Madras High Court in 2016 held that mere designation of seat by parties does not oust the jurisdiction of other courts. However within few days, the Apex Court over...
Read More
August 20, 2019
Laram Law
E-commerce platforms restrained from enabling sale of products of ‘direct selling’ companies without their consent
M/s Amway India Enterprises Pvt. Ltd., M/s Modicare Ltd. and M/s Oriflame India Pvt. Ltd. (plaintiffs) filed a batch of seven suits against various e-commerce platforms...
Read More
Laram Law
Evolving Laws to protect Intellectual Property Rights
In this case Dish TV India Ltd. (plaintiff) had filed a suit for permanent injunction restraining Prasar Bharti (defendant) from infringing the trade mark ‘Dish TV’ by adop...
Read More
August 7, 2019
Laram Law
Copyright protection given to “cinematographic films” is at par with other original works.
Yash Raj Films Pvt. Ltd. (plaintiff) filed a copyright infringement case against Sri Sai Ganesh Productions & Ors. (defendant) alleging that the Telugu movie, Jabar...
Read More
August 1, 2019
Laram Law
Does copyright exist in a ‘title’ of a literary work in isolation?
A movie titled ‘Kolaiyuthir Kalam’ which roughly translates to ‘Season of Death/Murders’ starring Nayanthara was in dispute not because of its storyline but because of ...
Read More
June 2, 2019
Laram Law
Media Law & Fashion Law in India
Intellectual property law and the law governing the media are rapidly evolving while becoming increasingly complex. In the age of rapid social media advancement, protection...
Read More
April 20, 2019
Laram Law
Recent judgement affecting the arbitration regime
Recently, the Bombay High Court ruled that stamping of document is not necessary for the appointment of arbitrator. However, within few days post this judgment, the Ape...
Read More
March 20, 2019
Laram Law
Intellectual Property Rights: What’s in a name?
The beginning of this year has seen major developments in the IP Sector. From the Cinematograph (Amendment) Bill, 2019, which has introduced penal provisions for unauth...
Read More
February 16, 2019
Laram Law
The Insolvency and Bankruptcy Code at work
In 2016, India embarked on its journey of building a dedicated framework for resolving cases involving insolvency and bankruptcy, and in no time the National Company Law Tr...
Read More
January 17, 2019
Laram Law
Arbitration – Institution Rules Update
Hong Kong International Arbitration Centre introduces New Rules
The 2013 Hong Kong rules have been revised to add provisions for use of technology to benefit the ...
Read More
January 12, 2019
Laram Law
Issuance of New Rules of the Court of International Commercial Arbitration
Chamber of Commerce and Industry of Romania
In Romania, the Rules of the Court of International Commercial Arbitration which are linked with the Chamber of Commer...
Read More
January 5, 2019
Laram Law
Settlement of disputes in Draft Withdrawal Agreement on Brexit
The Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community unveiled ...
Read More
January 2, 2019
Laram Law
A paradigm shift – Intellectual Property Rights in India
Last year was driven by introducing new technologies in the IPR circuit in India, the most significant of them all being the proposal of the Controller General of Patents, Desig...
Read More
January 1, 2019
Laram Law
Arbitration – Institution Rules Update
Japan Commercial Arbitration issues new sets of Arbitration Rules Japan Commercial Arbitration Association announced issuance of three sets of Arbitration Rules for public ...
Read More
December 2, 2018
Laram Law
Global International Arbitration Update
In arbitration, the main elements are enquiry, hearing of parties, examination of evidence and adjudication of the dispute. Enforcement of an arbitral award is essential. O...
Read More
November 3, 2018
Laram Law
Domestic Judgments affecting Arbitration regime of India
If one finds it challenging to enforce a commercial contract, then rest of the aspect of ease of doing business becomes significantly less relevant. Enforcement of con...
Read More
October 12, 2018
Laram Law
Strengthening IPR policy to foster innovation
India has introduced various reforms in the recent years ensuring credibility with the potential investors and strategic partners for encouraging them to invest in India. S...
Read More
September 6, 2018
Laram Law
Rethinking legislative framework for settling disputes
The Arbitration & Conciliation (Amendment) Act, 2015, did not address certain key issues such as importance of institutional arbitrations at a time when internation...
Read More
June 8, 2018
Laram Law
Incorporating more stringent compliances
Corporate Law governs the rights, relations and conduct of persons, companies, organizations and businesses and regulates the interaction between corporations, investors, s...
Read More
May 5, 2018
Laram Law
Protecting Intangible Creations
Creating Awareness of IPR
This newsletter aims to include the latest updates in the IP segment and recent statutory developments in this regard for creating ...
Read More
April 19, 2018
Laram Law
The Bankruptcy Code is Evolving
In May 2016, India enacted the Insolvency and bankruptcy code, as a major legal reform. The new framework is the time bound process in which cases are admitted and are ...
Read More
February 2, 2018
Laram Law
Competition Law Framework
The Competition Commission of India (‘CCI’) is a market regulator, it does not decide between parties but rather takes note of an anti-comp...
Read More
January 3, 2018
Laram Law
Intellectual Property
Over the years, stringent IPR protection laws have encouraged tremendous foreign investments and efforts in the areas of applied science whereby we overcome numerous ch...
Read More
October 19, 2017
Laram Law
Arbitration and Conciliation (Amendment) Act, 2015
The Arbitration and Conciliation (Amendment) Act, 2015 had brought about prudent modifications in manner of appointment of an Arbitrator, reduced timelines for resolving com...
Read More
September 19, 2017
Laram Law
Intellectual Property Rights (IPR)
The Intellectual Property Rights (IPR) provides for regulatory framework to safeguard the interest of the entities indulged in creativity and innovation for which it has bee...
Read More
February 21, 2024
Laram Law
Protecting Brands In India And Europe: Comparison Of Trademarks Laws
Recently, India and Europe have bolstered economic ties, fostering increased cross-border business. The European Union stands as India’s third largest trading partner, accounting for about 11 perce...
Read More
April 8, 2024
Laram Law
Critical changes in FDI, Competition Law, SEBI’s new guidelines, Direct Listing provisions, and RBI clarifications on AIF investments.
India Opens Space Sector for Foreign Investment
Read More
March 8, 2024
Laram Law
Expanding Horizons: Court’s Stance on Arbitral Authority and Damages
The legislative intent while drafting the Arbitration and Conciliation Act, 1996, was to narrow the ambit of the Courts while considering appeals from arbitration awards. Nevertheless, one has s...
Read More
February 16, 2024
Laram Law
IPR Legal Update: Navigating Recent Copyright and Patent Law Developments in India
Novex Communications Pvt Ltd. Vs Trade Wings Hotels Ltd (Commercial Suit No. 264 of 2022) and Phonographic Performance Ltd. V/s Bunglow 9 and 99 Ors. (Commercial Suit No. 363 of 2019) Read More
January 2, 2024
Laram Law
Latest Corporate Law Insights:
PART-A: COMPANY LAW UPDATES
MCA notifies the Companies (Management and Administration) Second Amendment Rules, 2023 T... Read More
December 7, 2023
Laram Law
Shaping India’s Legal Fabric
In the 90 years of his lifetime, Mr. D.C. Singhania was known to be a philanthropist, educator and most importantly a visionary. In these 65 years of legal practice, his vision and far ... Read More
October 10, 2023
Laram Law
Insightful Exploration into Recent Arbitration Cases in India – Sep & Oct 2023
The Supreme Court of India holds that the power of the court to modify an award is limited to the terms as prescribed under section 34 of the Arbitration and Conciliation Act, 1996.... Read More
August 5, 2023
Laram Law
RECENT LANDMARK RULINGS IN ARBITRATION
Introduction
When one enters into a governmental contract, more often than not, it is a standard template with a standard dispute resolution clause, usually arbitration, with very little ... Read More
September 14, 2023
Laram Law
IPR Spotlight: Key Judgements from July & August in India
Google LLC v. DRS Logistics (P) Ltd. 2023 SCC OnLine Del 4809:
FACTS
DRS Logistics (P) Ltd. (DRS) is a company that provides carriage for goods, p...
Read More
July 12, 2023
Laram Law
IPR NEWSLETTER JULY 2023
CASE TITLE -
Super Cassettes Industries Private Limited Vs. RBEP Entertainment Private Limited and others COMMERCIAL IP SUIT NO.464 OF 2022
Along with
Hungam...
Read More
June 21, 2023
Laram Law
Why Shipping Companies cannot afford to Ignore Environmental and Social Responsibilities
In an era marked by increasing concerns over environmental, social, and governance (ESG) issues, shipping companies find themselves at a crossroads, as they need to prioritize between profits and s...
Read More
May 29, 2023
Laram Law
IPR NEWSLETTER MAY 2023
CASE TITLE -
Indian Performing Right Society Limited vs. Rajasthan Patrika Pvt. Ltd. and Indian Performing Right Society Limited vs. Music Broadcast Limited (28...
Read More
March 27, 2023
Laram Law
Delhi High court adopts a broader interpretation to amend the claims as originally filed in the Patent application
CASE TITLE – Allergan INC vs Controller of Patents, C.A. (COMM. IPD-PAT) 22/2021,
FACTS OF THE CASE –
Hon’ble Delhi High Court has overturned an...
Read More
February 14, 2023
Laram Law
FAQs – ARBITRATION OF IPR DISPUTES IN INDIA
Globalisation, advancement of technology and innovation, and creation of world renowned brands, has made dispute resolution of IPR disputes more complex. Patents or trademarks may be registered ...
Read More
January 17, 2023
Laram Law
IPR DEVELOPMENTS – 2022
There is no infringement of trademarks when the marks are derived from the active ingredient of a drug
In the case of “Sun Pharmaceutical Laboratories v. Hetero Healthcare Ltd. and Anr... Read More
December 13, 2022
Laram Law
Delhi High Court grants an ad interim ex parte order to protect Amitabh Bachchan’s Personality rights
CASE TITLE
Amitabh Bachchan v. Rajat Nagi [CS (COMM) 819 of 2022],FACTS OF THE CASE
The brief facts of the case are that th... Read More
January 3, 2023
Laram Law
Top 10 developments in ADR in India – 2022
Arbitration as a method of dispute resolution has only been growing from strength to strength in India and has been firmly established as an alternative to litigation tha...
Read More
November 8, 2022
Laram Law
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 Read More
October 17, 2022
Laram Law
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 Comp... Read More
September 23, 2022
Laram Law
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 Read More
September 7, 2022
Laram Law
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 appointme... Read More
August 3, 2022
Laram Law
Distinctive elements in an advertisement campaign can get protection under IP Laws
The Hon’ble Delhi High Court held that an advertising campaign can be granted protection under Intellectual Property Laws, if the elements in the said campaign are distinctive and satisfies the thr...
Read More
July 5, 2022
Laram Law
Cox and Kings Limited v. SAP India Private Limited And Anr
Citation: ARBITRATION PETITION (CIVIL) NO. 38 OF 2020
Judgement Date: 06.05.2022
Facts of the case:
Applicant (Cox and Kings Limited) and Respondent no. 1(SAP India Pv...
Read More
June 4, 2022
Laram Law
Trademark application for the slogan “Party Like Gatsby” gets rejected in Singapore
The Intellectual Property Office of Singapore rejected the Ex parte hearing of Trademark application for the slogan “PARTY LIKE GATSBY” as the slogans are a category of marks for which it is o...
Read More
June 3, 2022
Laram Law
Protection for individual words used in a registered trademark
The case of HAMDARD NATIONAL FOUNDATION (INDIA) & ANR. vs. SADAR LABORATORIES PVT. LIMITED, also known as ROOH AFZA vs. DIL AFZA, is a classic example of seeking protection for individual words...
Read More
May 9, 2022
Laram Law
Gujarat Housing Board & Anr. VS. Vandemataram Projects Private Limited
Citation - Civil Appeal No. 2093/2022
Judgment date - 21.03.2022
Facts of the case:
In the month of January 2018, the Gujarat Housing Board ("Appellant Read More
April 6, 2022
Laram Law
Trade Marking The Golden Foil Wrapper Of Lindt’s Chocolate Bunny
One of the products of the Lindt and Sprüngli group (Plaintiff) is the "Lindt-Goldhase" (Lindt Gold Bunny). It is a sitting chocolate bunny wrapped in a golden foil packaging. They have been using ...
Read More
March 9, 2022
Laram Law
UHL Power Company Ltd. Vs. State of Himachal Pradesh
Facts of the case:
A sole arbitrator had awarded a sum of Rupees 26,08,89,107.35/- in favour of UHL Power Company Ltd. (“UHL”) towards expenses claimed along with pre-claim interes... Read More
February 11, 2022
Laram Law
Determination of territorial jurisdiction of Court in matters relating to trademark infringement
Delhi High Court | Copenhagen Hospitality and Retail v. A.R. Impex
In recent matter of Copenhagen Hospitality and Retail v. A.R. Impex it is held that ...
Read More
January 10, 2022
Laram Law
Sripati Singh VS. State of Jharkhand and Anr. (2021 SCC Online SC 1002)
Facts of the case:
In the case on hand, the Appellant advanced a sum of INR 2 Crores to the Respondent No. 2 as a loan who had assured that the same shall be repaid to him at a la...
Read More
December 4, 2021
Laram Law
Latest cases on Copyright laws and proposals on IPR
Newslaundry’s YouTube channel was taken down after India Today reported a 'copyright violation.'
News laundry, who is an independent news media organization, claims that... Read More
December 3, 2021
Laram Law
Latest updates on Indian Trademark Law
Breezer v. Freez Mix
The Delhi High Court on 12th November 2021 granted interim relief to alcohol manufacturer Bacardi (plaintiff) in a trademark dispute relat... Read More
November 25, 2021
Laram Law
Well-known trademarks enjoy enhanced protection
The Italian Supreme Court, in a matter relating to trademark infringement of the popular brand ‘Gucci’ has put forth the opinion that, it makes no difference whether those who are accustomed to pur...
Read More
November 8, 2021
Laram Law
November Arbitration Newsletter
S.P. Singla Constructions Private Limited V. Construction And Design Services, Uttar Pradesh Jal Nigam [ARB.P. 450/2021]
FACTS:
The partie...
Read More
October 8, 2021
Laram Law
Amul Succeeds in waving its flag of Victory in Canada
Marking a first for India's dairy giant Amul, the Canadian Federal Court on June 22, ruled in its favour that a brand named 'Amul Canada' had infringed on Amul's copyright by advertising their prod...
Read More
September 29, 2021
Laram Law
Bombay High Court Resolves the Conflict between Admiralty and Insolvency Law
Introduction
The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (“Admiralty Act”) is a special law which aims to consolidate the laws relati...
Read More
September 7, 2021
Laram Law
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 ref...
Read More
August 10, 2021
Laram Law
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...
Read More
July 12, 2021
Laram Law
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 ...
June 8, 2021
Laram Law
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...
Read More
May 5, 2021
Laram Law
India Challenges the Cairn Arbitration Award
April 4, 2021
Laram Law
Transferring the IPAB Jurisdiction to commercial courts! Will it ensure speedy justice?
A draft bill has been introduced in the Lok Sabha which proposed to close down the Intellectual Property Appellate Board (IPAB) for good. The Tribunals Reforms (Rationalisation and Conditions of Se...
Read More
March 9, 2021
Laram Law
Non Payment of stamp duty on the commercial contract will not invalidate the arbitration agreement
In a significant development, Hon’ble Supreme Court has held that non- payment of stamp duty on the commercial contract will not invalidate the arbitration agreement. This judgment...
February 23, 2021
Laram Law
After saffron, J&K seeks GI tag for gucchi mushroom
A Geographical Indication tag has been sought for Gucchi, also known as Morel, one of the world’s most expensive mushrooms growing in Kashmir’s Doda district, valued at ove...
January 1, 2021
Laram Law
Arbitration judgments passed by Indian courts in Nov and Dec 2020
In a significant development, Hon’ble Supreme Court had held that Landlord- tenant disputes under Transfer of Property Act are arbitrable. While it will be interesting to see ho...
Read More
December 2, 2020
Laram Law
This time the tussle is over Basmati Rice
Even amidst these challenging times, the world has been witnessing incredible advances in science, technology and innovation. There is news that a vaccine wil...
Read More
November 22, 2020
Laram Law
Newsletter on Arbitration (October 2020)
In the midst of pandemic, with easing of restrictions, Industries and Companies are trying to get back on the wagon. However, this has also given rise to tr...
Read More
October 3, 2020
Laram Law
Register your trademark – prevent the risk of squatting
Sony Play Station 5’s name has been Trademarked in India, except it wasn’t Sony who is the Applicant
When gamers around the world were eagerly awaiting the release of S...
Read More
September 22, 2020
Laram Law
New Rules for the Changed World
On 11th August 2020, the LCIA unveiled the long-awaited update to its Arbitration Rules (LCIA 2020 Rules). The LCIA 2020 Rules will become effective on 1 October 2020 and will a...
Read More
August 8, 2020
Laram Law
IPR Newsletter
While the world looks forward to unlocking themselves from the lockdown due to Covid-19, the Indian business are also taking steps to safeguard their Intellectual ...
Read More
July 21, 2020
Laram Law
Newsletter on Arbitration (June-July, 2020)
In a significant development, the Bombay High Court appointed arbitral tribunal awarded a compensation of ₹4814.67 Crore plus 10% interest from 2012 to Deccan Charge...
Read More
July 20, 2020
Laram Law
Newsletter: Intellectual Property Laws
The field of Intellectual Property laws has not been untouched by the raging pandemic. However, the Indian IP Office has been adapting to these changing times and is facilitating electronic fili...
Read More
June 21, 2020
Laram Law
Arbitration & COVID-19
The imposition of lockdown has significantly impacted the dispute resolution procedures. Arbitration is considered as more flexible dispute resolution procedure and hence t...
Read More
May 4, 2020
Laram Law
Changes notified for Foreign Direct Investment
On 17th April, 2020, Press Note 3 was released by the Department for Promotion of Industry and Internal Trade (DPIIT). Press Note 3 of 2020 revised the following earlier po...
Read More
May 2, 2020
Laram Law
Company law compliances adapting to these virtual times!
Between May 13-16, 2020, the Finance Minister announced a slew of relief measures to fight through these difficult times. COVID-19 has made it difficult for companies to adh...
Read More
May 1, 2020
Laram Law
India is on a path of reform
India is on a path of reform and the corporate law sector is not untouched from this spirit. The first tranche of the relief package announced by the Finance Minister was focused on bringing up the...
Read More
February 1, 2020
Laram Law
The story of distinction between seat and venue
The Courts exercise supervisory jurisdiction over the arbitration proceedings. This supervision is limited to granting interim measures, appointment of arbitrator, assis...
Read More
December 20, 2019
Laram Law
India- IPR friendly nation
In the recent times, India has been trying to establish itself as an Intellectual Property Rights (IPR) friendly nation in the world, by defining its standards as per t...
Read More
December 13, 2019
Laram Law
2019: The Changing Dimensions of IBC
The recent developments in the Insolvency and Bankruptcy Code has dynamically changes the way the code shall be governed in the future. The NCLT, NCLAT and Supreme Court have passed several landmar...
Read More
November 20, 2019
Laram Law
IP Law and Growing Technology
India is paving its way ahead in the field of innovation and technology and was recently ranked among the top 15 countries in relation to intellectual property (IP) fil...
Read More
October 20, 2019
Laram Law
Recent Judgments in Construction Arbitration
Arbitration is becoming a favored dispute resolution process in the infrastructure sector owing to the complexities of construction disputes. The challenges faced durin...
Read More
September 20, 2019
Laram Law
Recent Judgements Affecting the Arbitration Regime
The Madras High Court in 2016 held that mere designation of seat by parties does not oust the jurisdiction of other courts. However within few days, the Apex Court over...
Read More
August 20, 2019
Laram Law
E-commerce platforms restrained from enabling sale of products of ‘direct selling’ companies without their consent
M/s Amway India Enterprises Pvt. Ltd., M/s Modicare Ltd. and M/s Oriflame India Pvt. Ltd. (plaintiffs) filed a batch of seven suits against various e-commerce platforms...
Read More
Laram Law
Evolving Laws to protect Intellectual Property Rights
In this case Dish TV India Ltd. (plaintiff) had filed a suit for permanent injunction restraining Prasar Bharti (defendant) from infringing the trade mark ‘Dish TV’ by adop...
Read More
August 7, 2019
Laram Law
Copyright protection given to “cinematographic films” is at par with other original works.
Yash Raj Films Pvt. Ltd. (plaintiff) filed a copyright infringement case against Sri Sai Ganesh Productions & Ors. (defendant) alleging that the Telugu movie, Jabar...
Read More
August 1, 2019
Laram Law
Does copyright exist in a ‘title’ of a literary work in isolation?
A movie titled ‘Kolaiyuthir Kalam’ which roughly translates to ‘Season of Death/Murders’ starring Nayanthara was in dispute not because of its storyline but because of ...
Read More
June 2, 2019
Laram Law
Media Law & Fashion Law in India
Intellectual property law and the law governing the media are rapidly evolving while becoming increasingly complex. In the age of rapid social media advancement, protection...
Read More
April 20, 2019
Laram Law
Recent judgement affecting the arbitration regime
Recently, the Bombay High Court ruled that stamping of document is not necessary for the appointment of arbitrator. However, within few days post this judgment, the Ape...
Read More
March 20, 2019
Laram Law
Intellectual Property Rights: What’s in a name?
The beginning of this year has seen major developments in the IP Sector. From the Cinematograph (Amendment) Bill, 2019, which has introduced penal provisions for unauth...
Read More
February 16, 2019
Laram Law
The Insolvency and Bankruptcy Code at work
In 2016, India embarked on its journey of building a dedicated framework for resolving cases involving insolvency and bankruptcy, and in no time the National Company Law Tr...
Read More
January 17, 2019
Laram Law
Arbitration – Institution Rules Update
Hong Kong International Arbitration Centre introduces New Rules
The 2013 Hong Kong rules have been revised to add provisions for use of technology to benefit the ...
Read More
January 12, 2019
Laram Law
Issuance of New Rules of the Court of International Commercial Arbitration
Chamber of Commerce and Industry of Romania
In Romania, the Rules of the Court of International Commercial Arbitration which are linked with the Chamber of Commer...
Read More
January 5, 2019
Laram Law
Settlement of disputes in Draft Withdrawal Agreement on Brexit
The Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community unveiled ...
Read More
January 2, 2019
Laram Law
A paradigm shift – Intellectual Property Rights in India
Last year was driven by introducing new technologies in the IPR circuit in India, the most significant of them all being the proposal of the Controller General of Patents, Desig...
Read More
January 1, 2019
Laram Law
Arbitration – Institution Rules Update
Japan Commercial Arbitration issues new sets of Arbitration Rules Japan Commercial Arbitration Association announced issuance of three sets of Arbitration Rules for public ...
Read More
December 2, 2018
Laram Law
Global International Arbitration Update
In arbitration, the main elements are enquiry, hearing of parties, examination of evidence and adjudication of the dispute. Enforcement of an arbitral award is essential. O...
Read More
November 3, 2018
Laram Law
Domestic Judgments affecting Arbitration regime of India
If one finds it challenging to enforce a commercial contract, then rest of the aspect of ease of doing business becomes significantly less relevant. Enforcement of con...
Read More
October 12, 2018
Laram Law
Strengthening IPR policy to foster innovation
India has introduced various reforms in the recent years ensuring credibility with the potential investors and strategic partners for encouraging them to invest in India. S...
Read More
September 6, 2018
Laram Law
Rethinking legislative framework for settling disputes
The Arbitration & Conciliation (Amendment) Act, 2015, did not address certain key issues such as importance of institutional arbitrations at a time when internation...
Read More
June 8, 2018
Laram Law
Incorporating more stringent compliances
Corporate Law governs the rights, relations and conduct of persons, companies, organizations and businesses and regulates the interaction between corporations, investors, s...
Read More
May 5, 2018
Laram Law
Protecting Intangible Creations
Creating Awareness of IPR
This newsletter aims to include the latest updates in the IP segment and recent statutory developments in this regard for creating ...
Read More
April 19, 2018
Laram Law
The Bankruptcy Code is Evolving
In May 2016, India enacted the Insolvency and bankruptcy code, as a major legal reform. The new framework is the time bound process in which cases are admitted and are ...
Read More
February 2, 2018
Laram Law
Competition Law Framework
The Competition Commission of India (‘CCI’) is a market regulator, it does not decide between parties but rather takes note of an anti-comp...
Read More
January 3, 2018
Laram Law
Intellectual Property
Over the years, stringent IPR protection laws have encouraged tremendous foreign investments and efforts in the areas of applied science whereby we overcome numerous ch...
Read More
October 19, 2017
Laram Law
Arbitration and Conciliation (Amendment) Act, 2015
The Arbitration and Conciliation (Amendment) Act, 2015 had brought about prudent modifications in manner of appointment of an Arbitrator, reduced timelines for resolving com...
Read More
September 19, 2017
Laram Law
Intellectual Property Rights (IPR)
The Intellectual Property Rights (IPR) provides for regulatory framework to safeguard the interest of the entities indulged in creativity and innovation for which it has bee...
Read More
February 21, 2024
Laram Law
Protecting Brands In India And Europe: Comparison Of Trademarks Laws
Recently, India and Europe have bolstered economic ties, fostering increased cross-border business. The European Union stands as India’s third largest trading partner, accounting for about 11 perce...
Read More
April 8, 2024
Laram Law
Critical changes in FDI, Competition Law, SEBI’s new guidelines, Direct Listing provisions, and RBI clarifications on AIF investments.
India Opens Space Sector for Foreign Investment
Read More
March 8, 2024
Laram Law
Expanding Horizons: Court’s Stance on Arbitral Authority and Damages
The legislative intent while drafting the Arbitration and Conciliation Act, 1996, was to narrow the ambit of the Courts while considering appeals from arbitration awards. Nevertheless, one has s...
Read More
February 16, 2024
Laram Law
IPR Legal Update: Navigating Recent Copyright and Patent Law Developments in India
Novex Communications Pvt Ltd. Vs Trade Wings Hotels Ltd (Commercial Suit No. 264 of 2022) and Phonographic Performance Ltd. V/s Bunglow 9 and 99 Ors. (Commercial Suit No. 363 of 2019) Read More
January 2, 2024
Laram Law
Latest Corporate Law Insights:
PART-A: COMPANY LAW UPDATES
MCA notifies the Companies (Management and Administration) Second Amendment Rules, 2023 T... Read More
December 7, 2023
Laram Law
Shaping India’s Legal Fabric
In the 90 years of his lifetime, Mr. D.C. Singhania was known to be a philanthropist, educator and most importantly a visionary. In these 65 years of legal practice, his vision and far ... Read More
October 10, 2023
Laram Law
Insightful Exploration into Recent Arbitration Cases in India – Sep & Oct 2023
The Supreme Court of India holds that the power of the court to modify an award is limited to the terms as prescribed under section 34 of the Arbitration and Conciliation Act, 1996.... Read More
August 5, 2023
Laram Law
RECENT LANDMARK RULINGS IN ARBITRATION
Introduction
When one enters into a governmental contract, more often than not, it is a standard template with a standard dispute resolution clause, usually arbitration, with very little ... Read More
September 14, 2023
Laram Law
IPR Spotlight: Key Judgements from July & August in India
Google LLC v. DRS Logistics (P) Ltd. 2023 SCC OnLine Del 4809:
FACTS
DRS Logistics (P) Ltd. (DRS) is a company that provides carriage for goods, p...
Read More
July 12, 2023
Laram Law
IPR NEWSLETTER JULY 2023
CASE TITLE -
Super Cassettes Industries Private Limited Vs. RBEP Entertainment Private Limited and others COMMERCIAL IP SUIT NO.464 OF 2022
Along with
Hungam...
Read More
June 21, 2023
Laram Law
Why Shipping Companies cannot afford to Ignore Environmental and Social Responsibilities
In an era marked by increasing concerns over environmental, social, and governance (ESG) issues, shipping companies find themselves at a crossroads, as they need to prioritize between profits and s...
Read More
May 29, 2023
Laram Law
IPR NEWSLETTER MAY 2023
CASE TITLE -
Indian Performing Right Society Limited vs. Rajasthan Patrika Pvt. Ltd. and Indian Performing Right Society Limited vs. Music Broadcast Limited (28...
Read More
March 27, 2023
Laram Law
Delhi High court adopts a broader interpretation to amend the claims as originally filed in the Patent application
CASE TITLE – Allergan INC vs Controller of Patents, C.A. (COMM. IPD-PAT) 22/2021,
FACTS OF THE CASE –
Hon’ble Delhi High Court has overturned an...
Read More
February 14, 2023
Laram Law
FAQs – ARBITRATION OF IPR DISPUTES IN INDIA
Globalisation, advancement of technology and innovation, and creation of world renowned brands, has made dispute resolution of IPR disputes more complex. Patents or trademarks may be registered ...
Read More
January 17, 2023
Laram Law
IPR DEVELOPMENTS – 2022
There is no infringement of trademarks when the marks are derived from the active ingredient of a drug
In the case of “Sun Pharmaceutical Laboratories v. Hetero Healthcare Ltd. and Anr... Read More
December 13, 2022
Laram Law
Delhi High Court grants an ad interim ex parte order to protect Amitabh Bachchan’s Personality rights
CASE TITLE
Amitabh Bachchan v. Rajat Nagi [CS (COMM) 819 of 2022],FACTS OF THE CASE
The brief facts of the case are that th... Read More
January 3, 2023
Laram Law
Top 10 developments in ADR in India – 2022
Arbitration as a method of dispute resolution has only been growing from strength to strength in India and has been firmly established as an alternative to litigation tha...
Read More
November 8, 2022
Laram Law
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 Read More
October 17, 2022
Laram Law
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 Comp... Read More
September 23, 2022
Laram Law
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 Read More
September 7, 2022
Laram Law
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 appointme... Read More
August 3, 2022
Laram Law
Distinctive elements in an advertisement campaign can get protection under IP Laws
The Hon’ble Delhi High Court held that an advertising campaign can be granted protection under Intellectual Property Laws, if the elements in the said campaign are distinctive and satisfies the thr...
Read More
July 5, 2022
Laram Law
Cox and Kings Limited v. SAP India Private Limited And Anr
Citation: ARBITRATION PETITION (CIVIL) NO. 38 OF 2020
Judgement Date: 06.05.2022
Facts of the case:
Applicant (Cox and Kings Limited) and Respondent no. 1(SAP India Pv...
Read More
June 4, 2022
Laram Law
Trademark application for the slogan “Party Like Gatsby” gets rejected in Singapore
The Intellectual Property Office of Singapore rejected the Ex parte hearing of Trademark application for the slogan “PARTY LIKE GATSBY” as the slogans are a category of marks for which it is o...
Read More
June 3, 2022
Laram Law
Protection for individual words used in a registered trademark
The case of HAMDARD NATIONAL FOUNDATION (INDIA) & ANR. vs. SADAR LABORATORIES PVT. LIMITED, also known as ROOH AFZA vs. DIL AFZA, is a classic example of seeking protection for individual words...
Read More
May 9, 2022
Laram Law
Gujarat Housing Board & Anr. VS. Vandemataram Projects Private Limited
Citation - Civil Appeal No. 2093/2022
Judgment date - 21.03.2022
Facts of the case:
In the month of January 2018, the Gujarat Housing Board ("Appellant Read More
April 6, 2022
Laram Law
Trade Marking The Golden Foil Wrapper Of Lindt’s Chocolate Bunny
One of the products of the Lindt and Sprüngli group (Plaintiff) is the "Lindt-Goldhase" (Lindt Gold Bunny). It is a sitting chocolate bunny wrapped in a golden foil packaging. They have been using ...
Read More
March 9, 2022
Laram Law
UHL Power Company Ltd. Vs. State of Himachal Pradesh
Facts of the case:
A sole arbitrator had awarded a sum of Rupees 26,08,89,107.35/- in favour of UHL Power Company Ltd. (“UHL”) towards expenses claimed along with pre-claim interes... Read More
February 11, 2022
Laram Law
Determination of territorial jurisdiction of Court in matters relating to trademark infringement
Delhi High Court | Copenhagen Hospitality and Retail v. A.R. Impex
In recent matter of Copenhagen Hospitality and Retail v. A.R. Impex it is held that ...
Read More
January 10, 2022
Laram Law
Sripati Singh VS. State of Jharkhand and Anr. (2021 SCC Online SC 1002)
Facts of the case:
In the case on hand, the Appellant advanced a sum of INR 2 Crores to the Respondent No. 2 as a loan who had assured that the same shall be repaid to him at a la...
Read More
December 4, 2021
Laram Law
Latest cases on Copyright laws and proposals on IPR
Newslaundry’s YouTube channel was taken down after India Today reported a 'copyright violation.'
News laundry, who is an independent news media organization, claims that... Read More
December 3, 2021
Laram Law
Latest updates on Indian Trademark Law
Breezer v. Freez Mix
The Delhi High Court on 12th November 2021 granted interim relief to alcohol manufacturer Bacardi (plaintiff) in a trademark dispute relat... Read More
November 25, 2021
Laram Law
Well-known trademarks enjoy enhanced protection
The Italian Supreme Court, in a matter relating to trademark infringement of the popular brand ‘Gucci’ has put forth the opinion that, it makes no difference whether those who are accustomed to pur...
Read More
November 8, 2021
Laram Law
November Arbitration Newsletter
S.P. Singla Constructions Private Limited V. Construction And Design Services, Uttar Pradesh Jal Nigam [ARB.P. 450/2021]
FACTS:
The partie...
Read More
October 8, 2021
Laram Law
Amul Succeeds in waving its flag of Victory in Canada
Marking a first for India's dairy giant Amul, the Canadian Federal Court on June 22, ruled in its favour that a brand named 'Amul Canada' had infringed on Amul's copyright by advertising their prod...
Read More
September 29, 2021
Laram Law
Bombay High Court Resolves the Conflict between Admiralty and Insolvency Law
Introduction
The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (“Admiralty Act”) is a special law which aims to consolidate the laws relati...
Read More
September 7, 2021
Laram Law
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 ref...
Read More
August 10, 2021
Laram Law
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...
Read More
July 12, 2021
Laram Law
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 ...
June 8, 2021
Laram Law
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...
Read More
May 5, 2021
Laram Law
India Challenges the Cairn Arbitration Award
April 4, 2021
Laram Law
Transferring the IPAB Jurisdiction to commercial courts! Will it ensure speedy justice?
A draft bill has been introduced in the Lok Sabha which proposed to close down the Intellectual Property Appellate Board (IPAB) for good. The Tribunals Reforms (Rationalisation and Conditions of Se...
Read More
March 9, 2021
Laram Law
Non Payment of stamp duty on the commercial contract will not invalidate the arbitration agreement
In a significant development, Hon’ble Supreme Court has held that non- payment of stamp duty on the commercial contract will not invalidate the arbitration agreement. This judgment...
February 23, 2021
Laram Law
After saffron, J&K seeks GI tag for gucchi mushroom
A Geographical Indication tag has been sought for Gucchi, also known as Morel, one of the world’s most expensive mushrooms growing in Kashmir’s Doda district, valued at ove...
January 1, 2021
Laram Law
Arbitration judgments passed by Indian courts in Nov and Dec 2020
In a significant development, Hon’ble Supreme Court had held that Landlord- tenant disputes under Transfer of Property Act are arbitrable. While it will be interesting to see ho...
Read More
December 2, 2020
Laram Law
This time the tussle is over Basmati Rice
Even amidst these challenging times, the world has been witnessing incredible advances in science, technology and innovation. There is news that a vaccine wil...
Read More
November 22, 2020
Laram Law
Newsletter on Arbitration (October 2020)
In the midst of pandemic, with easing of restrictions, Industries and Companies are trying to get back on the wagon. However, this has also given rise to tr...
Read More
October 3, 2020
Laram Law
Register your trademark – prevent the risk of squatting
Sony Play Station 5’s name has been Trademarked in India, except it wasn’t Sony who is the Applicant
When gamers around the world were eagerly awaiting the release of S...
Read More
September 22, 2020
Laram Law
New Rules for the Changed World
On 11th August 2020, the LCIA unveiled the long-awaited update to its Arbitration Rules (LCIA 2020 Rules). The LCIA 2020 Rules will become effective on 1 October 2020 and will a...
Read More
August 8, 2020
Laram Law
IPR Newsletter
While the world looks forward to unlocking themselves from the lockdown due to Covid-19, the Indian business are also taking steps to safeguard their Intellectual ...
Read More
July 21, 2020
Laram Law
Newsletter on Arbitration (June-July, 2020)
In a significant development, the Bombay High Court appointed arbitral tribunal awarded a compensation of ₹4814.67 Crore plus 10% interest from 2012 to Deccan Charge...
Read More
July 20, 2020
Laram Law
Newsletter: Intellectual Property Laws
The field of Intellectual Property laws has not been untouched by the raging pandemic. However, the Indian IP Office has been adapting to these changing times and is facilitating electronic fili...
Read More
June 21, 2020
Laram Law
Arbitration & COVID-19
The imposition of lockdown has significantly impacted the dispute resolution procedures. Arbitration is considered as more flexible dispute resolution procedure and hence t...
Read More
May 4, 2020
Laram Law
Changes notified for Foreign Direct Investment
On 17th April, 2020, Press Note 3 was released by the Department for Promotion of Industry and Internal Trade (DPIIT). Press Note 3 of 2020 revised the following earlier po...
Read More
May 2, 2020
Laram Law
Company law compliances adapting to these virtual times!
Between May 13-16, 2020, the Finance Minister announced a slew of relief measures to fight through these difficult times. COVID-19 has made it difficult for companies to adh...
Read More
May 1, 2020
Laram Law
India is on a path of reform
India is on a path of reform and the corporate law sector is not untouched from this spirit. The first tranche of the relief package announced by the Finance Minister was focused on bringing up the...
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February 1, 2020
Laram Law
The story of distinction between seat and venue
The Courts exercise supervisory jurisdiction over the arbitration proceedings. This supervision is limited to granting interim measures, appointment of arbitrator, assis...
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December 20, 2019
Laram Law
India- IPR friendly nation
In the recent times, India has been trying to establish itself as an Intellectual Property Rights (IPR) friendly nation in the world, by defining its standards as per t...
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December 13, 2019
Laram Law
2019: The Changing Dimensions of IBC
The recent developments in the Insolvency and Bankruptcy Code has dynamically changes the way the code shall be governed in the future. The NCLT, NCLAT and Supreme Court have passed several landmar...
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November 20, 2019
Laram Law
IP Law and Growing Technology
India is paving its way ahead in the field of innovation and technology and was recently ranked among the top 15 countries in relation to intellectual property (IP) fil...
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October 20, 2019
Laram Law
Recent Judgments in Construction Arbitration
Arbitration is becoming a favored dispute resolution process in the infrastructure sector owing to the complexities of construction disputes. The challenges faced durin...
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September 20, 2019
Laram Law
Recent Judgements Affecting the Arbitration Regime
The Madras High Court in 2016 held that mere designation of seat by parties does not oust the jurisdiction of other courts. However within few days, the Apex Court over...
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August 20, 2019
Laram Law
E-commerce platforms restrained from enabling sale of products of ‘direct selling’ companies without their consent
M/s Amway India Enterprises Pvt. Ltd., M/s Modicare Ltd. and M/s Oriflame India Pvt. Ltd. (plaintiffs) filed a batch of seven suits against various e-commerce platforms...
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Laram Law
Evolving Laws to protect Intellectual Property Rights
In this case Dish TV India Ltd. (plaintiff) had filed a suit for permanent injunction restraining Prasar Bharti (defendant) from infringing the trade mark ‘Dish TV’ by adop...
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August 7, 2019
Laram Law
Copyright protection given to “cinematographic films” is at par with other original works.
Yash Raj Films Pvt. Ltd. (plaintiff) filed a copyright infringement case against Sri Sai Ganesh Productions & Ors. (defendant) alleging that the Telugu movie, Jabar...
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August 1, 2019
Laram Law
Does copyright exist in a ‘title’ of a literary work in isolation?
A movie titled ‘Kolaiyuthir Kalam’ which roughly translates to ‘Season of Death/Murders’ starring Nayanthara was in dispute not because of its storyline but because of ...
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June 2, 2019
Laram Law
Media Law & Fashion Law in India
Intellectual property law and the law governing the media are rapidly evolving while becoming increasingly complex. In the age of rapid social media advancement, protection...
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April 20, 2019
Laram Law
Recent judgement affecting the arbitration regime
Recently, the Bombay High Court ruled that stamping of document is not necessary for the appointment of arbitrator. However, within few days post this judgment, the Ape...
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March 20, 2019
Laram Law
Intellectual Property Rights: What’s in a name?
The beginning of this year has seen major developments in the IP Sector. From the Cinematograph (Amendment) Bill, 2019, which has introduced penal provisions for unauth...
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February 16, 2019
Laram Law
The Insolvency and Bankruptcy Code at work
In 2016, India embarked on its journey of building a dedicated framework for resolving cases involving insolvency and bankruptcy, and in no time the National Company Law Tr...
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January 17, 2019
Laram Law
Arbitration – Institution Rules Update
Hong Kong International Arbitration Centre introduces New Rules
The 2013 Hong Kong rules have been revised to add provisions for use of technology to benefit the ...
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January 12, 2019
Laram Law
Issuance of New Rules of the Court of International Commercial Arbitration
Chamber of Commerce and Industry of Romania
In Romania, the Rules of the Court of International Commercial Arbitration which are linked with the Chamber of Commer...
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January 5, 2019
Laram Law
Settlement of disputes in Draft Withdrawal Agreement on Brexit
The Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community unveiled ...
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January 2, 2019
Laram Law
A paradigm shift – Intellectual Property Rights in India
Last year was driven by introducing new technologies in the IPR circuit in India, the most significant of them all being the proposal of the Controller General of Patents, Desig...
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January 1, 2019
Laram Law
Arbitration – Institution Rules Update
Japan Commercial Arbitration issues new sets of Arbitration Rules Japan Commercial Arbitration Association announced issuance of three sets of Arbitration Rules for public ...
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December 2, 2018
Laram Law
Global International Arbitration Update
In arbitration, the main elements are enquiry, hearing of parties, examination of evidence and adjudication of the dispute. Enforcement of an arbitral award is essential. O...
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November 3, 2018
Laram Law
Domestic Judgments affecting Arbitration regime of India
If one finds it challenging to enforce a commercial contract, then rest of the aspect of ease of doing business becomes significantly less relevant. Enforcement of con...
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October 12, 2018
Laram Law
Strengthening IPR policy to foster innovation
India has introduced various reforms in the recent years ensuring credibility with the potential investors and strategic partners for encouraging them to invest in India. S...
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September 6, 2018
Laram Law
Rethinking legislative framework for settling disputes
The Arbitration & Conciliation (Amendment) Act, 2015, did not address certain key issues such as importance of institutional arbitrations at a time when internation...
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June 8, 2018
Laram Law
Incorporating more stringent compliances
Corporate Law governs the rights, relations and conduct of persons, companies, organizations and businesses and regulates the interaction between corporations, investors, s...
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May 5, 2018
Laram Law
Protecting Intangible Creations
Creating Awareness of IPR
This newsletter aims to include the latest updates in the IP segment and recent statutory developments in this regard for creating ...
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April 19, 2018
Laram Law
The Bankruptcy Code is Evolving
In May 2016, India enacted the Insolvency and bankruptcy code, as a major legal reform. The new framework is the time bound process in which cases are admitted and are ...
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February 2, 2018
Laram Law
Competition Law Framework
The Competition Commission of India (‘CCI’) is a market regulator, it does not decide between parties but rather takes note of an anti-comp...
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January 3, 2018
Laram Law
Intellectual Property
Over the years, stringent IPR protection laws have encouraged tremendous foreign investments and efforts in the areas of applied science whereby we overcome numerous ch...
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October 19, 2017
Laram Law
Arbitration and Conciliation (Amendment) Act, 2015
The Arbitration and Conciliation (Amendment) Act, 2015 had brought about prudent modifications in manner of appointment of an Arbitrator, reduced timelines for resolving com...
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September 19, 2017
Laram Law
Intellectual Property Rights (IPR)
The Intellectual Property Rights (IPR) provides for regulatory framework to safeguard the interest of the entities indulged in creativity and innovation for which it has bee...
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February 21, 2024
Laram Law
Protecting Brands In India And Europe: Comparison Of Trademarks Laws
Recently, India and Europe have bolstered economic ties, fostering increased cross-border business. The European Union stands as India’s third largest trading partner, accounting for about 11 perce...
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