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 YouTube has frozen its video channel after India Today Group reported it many times for copyright violations. News laundry states that YouTube has frozen its website’s channel after receiving multiple complaints […]
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 relating to its alcoholic beverage Breezer, by restraining makers of a non- alcoholic beverage ‘FREEZ Mix’ from using the trademark ‘FREEZ’ or any other mark, label, sign, device or name identical […]
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 purchasing original products are not misled about the origin of the product bearing the infringer’s trademark, because such a product can be targeted […]
November Arbitration Newsletter
S.P. Singla Constructions Private Limited V. Construction And Design Services, Uttar Pradesh Jal Nigam [ARB.P. 450/2021] FACTS: The parties had entered into a contract for the purpose of undertaking design, engineering, procurement and construction of a dedicated 4 lane corridor for old and differently-abled persons during Kumbh and Magh Mela in Allahabad across Ganga River. […]
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 product, using their brand image and name, as well as corporate information via popular jobs site LinkedIn. The court ordered ‘Amul Canada’ […]
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 relating to admiralty jurisdiction, legal proceedings in relation to vessels, their arrest, sale and other incidental matters. Whereas,The Insolvency and Bankruptcy Code, 2016 (“ IBC”) is a special statute devoted entirely to […]
Parties To A Foreign Arbitration May Apply For Interim Relief Under Section 9 Of The Arbitration & Conciliation Act Unless Expressly Excluded By Parties
In the case of Medima Llc V. Balasore Alloys Limited [AP/267/2021] The Parties to the case had entered into an agreement which laid down that the disputes were to be referred to the International Chamber of Commerce (“ICC”). The parties chose English law as the governing law and the seat of Arbitration was London, UK. […]
Two different patents cannot be awarded to same patent: Delhi High Court
A Division Bench of the Delhi High Court, in AstraZeneca Ab v. Intas Pharmaceuticals Ltd., dismissed the appeals made by the appellant against the orders of Single Judge Bench, where an injunction was denied. Astrazeneca made nine pleas seeking injunction against the sale of ‘Dapagliflozin’ (DAPA), an anti-diabetes drug manufactured by generic pharma companies like […]
A New Retrospective Taxation Claim Launched Against India
Earlyguard, a British subsidiary of the Japanese conglomerate Mitsui & Co, has commenced Arbitration against India, under the India-UK Bilateral Investment Treaty after the Indian tax authorities raised a retrospective tax claim of Rs 2,400-crore (US$342 million) on a transaction that took place back in the year 2007. The said transaction was over the […]
USA supports waiver of IP protections for Covid-19 vaccines
In a reversal of stance, the American government announced its support for waiver of IP protections on Covid-19 vaccines on 5th May 2021. The government also assured active participation of its administration in the WTO negotiations needed to ensure such waiver. This proposal for waiver has been subject to criticism by the European Union, which […]
