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July, 2024 | Khurana and Khurana - Part 2

Month: July 2024

The Complexities of Trademark Disparagement: A Jurisprudential Analysis

Introduction Disparagement, a concept intrinsically linked to the act of denigrating a product or service through misleading or false remarks, has significant implications in the realm of commercial law. It not only affects the reputation and market position of businesses but also raises intricate legal questions about the boundaries of free speech and fair competition. … Continue reading The Complexities of Trademark Disparagement: A Jurisprudential Analysis

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Analysis Of Section 179 Of The Companies Act, 2013

INTRODUCTION The Companies Act regulates the formation of the company. The Companies Act, 2013 consolidates and amends the law relating to the company.[1] This act is the result of the Companies (Amendment) Bill 2019 which Lok Sabha passed. This act has 470 sections and 7 schedules. It applies to all over India. The First Companies … Continue reading Analysis Of Section 179 Of The Companies Act, 2013

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Understanding the limitations of Draft Digital Competition Bill, 2024

Although India seems to have drawn an example from the European Union in proposing the Draft Digital Competition Bill, 2024, it is self-explanatory in its provisions that it has not learned much from Europe’s implementation of the said law. The bill provides to set up pre-emptive or ex-ante provisions to curb anti-competitive practices and imposes … Continue reading Understanding the limitations of Draft Digital Competition Bill, 2024

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The Bangalore Water Supply Judgment: Legal Evolution or Judicial Overreach?

Introduction “All labor that uplifts humanity has dignity and importance and should be taken with painstaking excellence”[i] Martin Luther King Jr. The realm of labour law in India is eagerly anticipating the implementation of the four labour codes by the legislature. The recent Economic Survey published in January 2023 says that the four labour codes … Continue reading The Bangalore Water Supply Judgment: Legal Evolution or Judicial Overreach?

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Trademark Infringement by NFTs: International Scenario

BACKGROUND AND CONTEXT An analysis of the opportunities offered by the use of NFTs (“Non-fungible Tokens”) illustrates that such use may be considered a trademark infringement. This was recently clarified by the IP Chamber of the Court of Rome (Tribunale di Roma, decision n. 37165/2022 dell’11 luglio 2022). 32072/2022).[i] An analysis of the opportunities offered … Continue reading Trademark Infringement by NFTs: International Scenario

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Selecting The Top IP Firm In India

Introduction The ease of entering a market precedes any other determinant for improving the global economic standing of a nation. India is assiduously rising as a global economic powerhouse capable of leading emerging global markets while transforming its market through Intellectual Property (IP) driven innovations. The 2023 International Intellectual Property Index released by the United … Continue reading Selecting The Top IP Firm In India

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An overview of Patent (Amendment) Rules 2024

Introduction: The Department for Promotion of Industry and Internal Trade under Ministry of Commerce and Industry introduced the Patent Amendment Rules on March 15, 2024, amending the Patents Rules, 2003. Key Amendments: Rule 12: Statement and Undertaking Sub-rule (2) specifies the longest period in which the applicant must notify the Controller of information regarding patent … Continue reading An overview of Patent (Amendment) Rules 2024

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Corporate Criminal Liability In India

Introduction Legally established as a separate entity from its shareholders, a corporation possesses the right to issue stocks and has an enduring existence, as stated in Black’s Law Dictionary. Although corporations are expected to align with shareholders’ intentions, situations can arise where the company’s actions prioritize the personal gains of select top executives over the … Continue reading Corporate Criminal Liability In India

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