Important Clauses in a Trademark Licensing Agreement
Licensing of trademarks is one of the most common ways of monetising one’s intellectual property. Companies, by licensing trademarks owned by them, grant the licensee the right to use their registered trademark.
DISCRIMINATION OF NON-CONVENTIONAL TRADEMARK: SOUND AND SMELL TRADEMARKS WHETHER REGISTRABLE OR NOT UNDER THE PRESENT TRADEMARK LAWS
This article aims to examine Indian trademark law regime and the possibility for trade marking of sound and smell.
Maha RERA : New Guidelines regarding hearing of complaints
In an attempt to facilitate speedy dispute redressal between builders and home buyers, Maharashtra Real Estate Regulatory Authority (“MahaRERA”) issued directives for granting adjournments and mode of hearing of complaints.
The Drone Rules 2021: India gears itself for the next technological revolution
A discussion on some of the salient features of the drone Rules 2021 and an analysis of it’s impact on the foreign investment regime in India
Insights into the New Draft Guidelines for Surrogate Marketing
Surrogate advertising is used to endorse a brand or product, that is otherwise restricted, in the disguise of a substitute product or brand extension. In India, surrogate advertising of tobacco, liquor, pan masala and gutka takes place due to restrictions on the sale and marketing of these products. India has always been a lucrative market […]
Who will have the legislative power over ‘Cooperative Societies’?
This judgement shall provide a major boost for federalism as it acknowledges the exclusive authority of States over its co-operative societies, a sector which is a strong contributor to the country’s economy. The judgement consciously avoided touching certain aspects of the 97th Amendment Act, 2011 such as Article 19(1)(c) and Article 43B which are important for the functioning of cooperative societies in India. The former provides the fundamental right to every citizen to form associations in the nature of cooperative societies and the latter (a directive policy) directs the State to promote voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies.
COMPULSORY LICENSING OF ESSENTIAL DRUGS AMIDST THE PANDEMIC
The question of compulsory licensing of essential drugs has come to the fore in light of the recent shortage of drugs following the surge in COVID-19 cases across India. Numerous drugs used in the treatment of COVID-19 such as Remdesivir, Favipiravir and Tocilizumab are under patents. Patent protection has often been regarded as a major […]
PERSONAL GUARANTORS/PROMOTERS FACE UNCERTAINTY IN LIGHT OF LANDMARK SUPREME COURT RULING
INTRODUCTION The Supreme Court, in Lalit Kumar Jain vs Union of India 1 has upheld resolution proceedings against personal guarantors. Let us try to understand why. Lending practices in India are in some measure dependent on the personal reputation and stake of the promoters or directors of a company. Leveraging this goodwill and confidence they […]
The Model Tenancy Act, 2020: A blessing for homeowners and developers
On 2nd June, 2021 the Union Cabinet gave ascent to the Model Tenancy Act (MTA) for circulation to the states and union territories for adoption. The main aim of this act will be to open up vacant housing stock for rental housing purposes and to establish a policy to heal the trust deficit between landlords […]
KEY LEGAL ISSUES AFFECTING BRANDS
Branding is a process of creating a strong, positive perception of your company, and its products in your customer’s mind by combining elements such as logo, design or consistent theme throughout all marketing communications. Today, a ‘brand’ has become the most valuable strategic asset of a company. According to latest report in 2021 by Brand […]
