Curbing the “CRYPTO” Assets
“The Government does not consider cryptocurrencies as legal tender and will take all measures to eliminate use of these crypto-assets in financing illegitimate activities or as a part of the payment system”. This announcement comes close to the observation by finance minister, in his last budget, wherein it was made clear that Indian Government does […]
Data Privacy:
The recent revelation from the data breaches has raised awareness about the absence of provisions governing protection of personal information in the digitized era. The issue highlighted was that the users gave deemed consent to use the information which was assumed to be irrevocable for free access on different platforms even though the potential use […]
A New Law to seize the assets
The Union Cabinet has approved the Fugitive Economic Offenders Bill to deal with those who escape overseas after committing financial malpractices, and do not return to India to face prosecution proceedings even after an arrest warrant is issued. Subsequent to the approval by the Cabinet ministers the bill has been presented before the lower House […]
Well Known Mark:
The Trade Marks Rules, 2017, has -implemented certain significant changes in the procedural aspect of declaring a trademark to be a well-known mark by way of filing a request before the Trade Marks Registry alongwith supported documents in the form of statement of case and an official fee of INR One hundred thousand ( One […]
Crucial Role Of Legal Audit
The fundamental idea lying behind the concept of Legal Audit is that “Prevention is better than cure”. One should work to hinder something erroneous from happening rather than trying to combat it later. Legal Audit is a risk management tool which works on the same principle. Legal audit is a litigation management practice which lays […]
Register the trademark as “Well Known”
In a significant development to improve India’s intellectual property regime, rules for registering trademarks have been simplified. This is a step in the right direction as it would boost the ease of doing business. Now you can register the trademark as “Well Known” and Save potential litigation cost. The registration fee of Rs 1 lakh […]
Recent Judicial Pronouncements In IP
The topical increase in the issues relating to infringement of the intellectual property has burdened the Courts to address these with the insistence on the regulatory framework provided and procurement of public trust. The Intellectual Property (IP) can be bifurcated into categories which include- patents for inventions, copyrights for literary works, trademarks and trade secrets. […]
Right to Privacy declared as a Fundamental Right
In a landmark judgment that will impact the lives of 134 crore Indians, a nine-judge Supreme Court Constitutional bench declared “ Right to Privacy a Fundamental right”. Delivering a unanimous verdict, Supreme Court overruled the earlier eight-judge bench judgment in MP Sharma case in 1958 and six-judge bench judgment in Kharak Singh case in 1961 […]
Judicial Dichotomy
The recent judicial pronouncement of the Supreme Court in the case of Excel Crop Care Ltd. vs. Competition Commission of India (CCI) & Ors., embarked upon the issues relating to anti-competitive practices by the formation of a cartel in the tender allotment by the Food Corporation of India (FCI). The Apex Court upheld the decision […]
GST – its impact on Trademark
Shortly after the Goods and Services Tax (GST) was enacted on July 1, 2017, the Ministry of Finance informed that 5 % will be charged on “branded items”. The Ministry intended to clarify the definition of “branded” after confusion arose since several unbranded food products are exempt from GST while their registered counterparts are being […]
