Does ODR Herald a New Age of Dispute Resolution in India?
The functioning of Courts in India has been severely affected by the Covid-19 pandemic. Increasingly, courts are only taking up urgent matters for hearing and encouraging e-filings and video conferencing. This has added to the high backlog of cases and compounded the troubles of the already strained legal system. In India several problems plague the […]
HOW IMPORTANT IS IT TO REGISTER TRADEMARKS INTERNATIONALLY?
Haldiram is the latest addition to the ever-growing list of victims of international trademark infringement. They have filed a suit in the US district court alleging that Aahar Food Distributors LLC has imported, distributed and sold counterfeit Haldiram products in the United States. Had Haldiram not protected their mark outside of the origin country (India) […]
Anti-Counterfeiting for Pharmaceuticals in the Pandemic Times
Counterfeiting becoming a common practice in developed countries The act of counterfeiting is to fraudulently imitate something genuine or bona fide with the intent to pass it off as the original during the sale. This has now become a common practice not only in third world countries but also in the developed nations that understand […]
‘Keeping Up With The (Trade) Secrets’
While patent law offers strong protections for proprietary inventions, obtaining a patent requires establishing that the invention is novel, non-obvious, and patent-eligible. It also requires disclosure of the invention itself in the patent application. And while patents last for twenty years, they do not last forever. By contrast, trade secrecy provides another avenue to protecting […]
Information Technology (The Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021: Is it the way forward?
There have been a slew of cases filed in different High Courts across India, challenging the recently notified Information Technology (The Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT Rules, 2021”), on grounds of being ultra vires of the parent Act i.e. Information Technology Act, 2000 (“IT Act, 2000”) and for imposing “arbitrary, […]
Dispute Resolution – Critical Role of Solution – Oriented Approach
The construction industry is the second largest industry of the country after agriculture. It makes a significant contribution to the national economy and provides employment to large number of people. In its path of advancement, the industry has to overcome a number of challenges. The conflicts and disputes are mainly due to uncertain environment and […]
Landlord – Tenant Disputes: Arbitrable?
In the recent times, there has been tremendous debate regarding the arbitrability of disputes. Interminable, time consuming, complex, and expensive court procedures impelled jurists to search for an alternate forum, less formal, more effective, and speedy for resolution of disputes. This led to the development of Arbitration in India. Arbitration is a process where parties […]
Legal Remedies For Home Buyers:
Authors: Krrishan Singhania, Managing Partner and Founder; Srishti Singhania, Senior Associate; and Kush M Shah, Trainee; K Singhania & Co., Advocates & Legal Advisors Real estate sector is a catalyst in fulfilling the need and demand for housing and infrastructure in the country. However, this sector has been under stress for a significant period of […]
Follow MSME Act procedure; no write
A firm with a grievance should not rush to the high court when there is an efficacious remedy under the Micro, Small and Medium Enterprises Development Act. In the case, Fives Stein India Project vs State of MP, an award was passed by the MSME Facilitation Council against the firm, which is engaged in manufacturing […]
Trademark squatting derails PS5 console launch in India
Celebration bells are ringing all around the world! But it looks like that those into gaming world have all the more reason to celebrate. Sony’s much awaited next-generation console – the PlayStation 5 (“PS5”) is set to release in mid-November 2020 in numerous countries. But to much astonishment, India is not a part of that […]
