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 […]
India Challenges the Cairn Arbitration Award
On December 21, 2020, the International Arbitral Tribunal in the case of Cairn Energy PLC and Cairn UK Holdings Limited v. The Republic of India, held that India had breached its obligations to Cairn under the 1994 UK-India Bilateral Investment Treaty, and awarded damages of US$1.2billion plus interest and costs, to Cairn.India filed an appeal […]
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 Service) Bill, 2021 proposes to transfer its powers in copyright matters to Commercial Courts and all its other powers to High Courts. This bill comes […]
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 lays down various guidelines which courts and tribunals must follow while dealing with the objection qua non-stamping or insufficient stamping. Apart from this, there have been various other […]
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 over INR 20,000 for every kilogram. The GI Tag will prevent unauthorized use and will provide legal protection to Doda Gucchi Mushroom. This will in turn boost it’s export. It […]
