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The Redefined Boundaries Of Section 397 After The McDonald Case
Introduction In Vikram Bakshi v. Connaught Plaza Restaurants Limited[1] (‘McDonald’s case’), Vikram Bakshi approached the National Company Law Tribunal (‘NCLT’) on the grounds of oppression by McDonald’s. He alleged that the act of not re-electing him as the Managing Director (‘MD’) of Connaught Plaza Restaurants (‘the company’) amounted to oppression under section 397 of the … Continue reading The Redefined Boundaries Of Section 397 After The McDonald Case
Read more »Final Guidelines for Influencer Advertising on Digital Media
On 22nd February 2021, the Advertising Standards Council of India (ASCI) released the draft guidelines for influencer advertising on digital media platforms. The draft was open to feedbacks from influencers, agencies, public, and shareholders. Subsequently, ASCI released its final guidelines on Thursday, 27th May, 2021 will be applicable to commercial messages or advertisements published on … Continue reading Final Guidelines for Influencer Advertising on Digital Media
Read more »Circulation of E-Newspaper: Infringement Under Copyright Law
Dissemination of e-newspapers on Telegram has raised a copyright debate under the steady gaze of the Delhi High Court. Because of CoVID-19 limitations coming into power, actual dispersion and house-to-house conveyance of papers got cruelly affected. As this issue surfaced most paper sites began offering free preliminaries on their individual sites by the methods for … Continue reading Circulation of E-Newspaper: Infringement Under Copyright Law
Read more »Practical Analysis of Decisions Taken In 43rd GST Council Meeting
After a long hiatus of nearly 8 months, the GST Council meeting was convened on 28th May 2021. On the agenda were important expected items such as waiver of tax on various medicines, medical equipment, and health services. Several states had proposed a complete tax waiver on COVID vaccines, oxygen cylinders, oxygen concentrators, oximeters, etc. … Continue reading Practical Analysis of Decisions Taken In 43rd GST Council Meeting
Read more »Interdigital vs.Xiaomi: India’s First Anti-Enforcement Injunction Order
The concept of anti-suit injunction and anti-enforcement injunction is gaining prominence worldwide including in India. Recently, the Delhi High Court in Interdigital Technology Corporation vs. Xiaomi Corporation & Ors.[1] granted an anti-enforcement injunction. It was held that a foreign court cannot restrain a party from pursuing its cause before Indian Court when Indian jurisdiction is … Continue reading Interdigital vs.Xiaomi: India’s First Anti-Enforcement Injunction Order
Read more »The New Norms for OTT Platforms, Online News and Digital Media: An Overview
Introduction The pandemic caused due to COVID-19 has resulted in the exponential development of online entertainment. The content on the OTT platforms and social media has been subjected to repeated scrutiny and thus resulting in the urgency of regulation of content on the digital space. The Information Technology (Guidelines for Intermediaries and Digital Media Ethics … Continue reading The New Norms for OTT Platforms, Online News and Digital Media: An Overview
Read more »Legality of Using Common Terms for Trademark in View of Various Indian Cases
“India is a multilingual country, which can make brand management difficult. The fact that one word may have many synonyms in another language, as well as the variety of languages and scripts, can increase the possibility of infringement and pass off”[1]. Trademarks are the intangible assets of the proprietor. A proprietor spends time and resources … Continue reading Legality of Using Common Terms for Trademark in View of Various Indian Cases
Read more »Hero Electric v. Lectro E-Mobility: Arbitrability of IP disputes
On 2 March 2021, the Delhi High Court settles the debate on Arbitrability of IP disputes in the case of Hero Electric Vehicles Pvt. Ltd. v. Lectro E-Mobility Private Ltd. [1]The case dealt with the dispute between the Munjal family groups over the trademark ‘Hero’.In this case, the Delhi HC indemnified the position of IP … Continue reading Hero Electric v. Lectro E-Mobility: Arbitrability of IP disputes
Read more »Fresh Amendments to the Copyright Rules: Are these enough?
A new amendment in the copyright rules has been in the works since 2019. The Department of Industry and Internal Trade had proposed the rules with the aim of increasing efficiency in the procedural law. The last amendment happened in 2016 when “services” were brought under the purview of the copyright act. However, as technology … Continue reading Fresh Amendments to the Copyright Rules: Are these enough?
Read more »Conundrum of effect on Copyright Registration of Correction in Particulars of Work Post Registration
Copyright is a bundle of rights that exist in a tangible work i.e. in a material expression, and existing from the moment, such copyrightable work is created. Though no formalities of a registration process are per se required to avail such rights, it is always advisable to register such work under the Copyright regime, to … Continue reading Conundrum of effect on Copyright Registration of Correction in Particulars of Work Post Registration
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