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The Blurred Lines Between Excise and Trademark Law
EXCISE LAWS VS TRADEMARK LAWS The case of ‘Mount Everest Breweries Ltd. v. Excise Commissioner, MP has an interesting twist on the confluence of excise laws and trademark legislation. In the case at hand, the Madhya Pradesh High Court held that what powers to determine the similarity between beer labels can be exercised by the Excise … Continue reading The Blurred Lines Between Excise and Trademark Law
Read more »Analysis of The TMKOC Case: John Doe Orders and their Necessity in the Entertainment Industry
Introduction TMKOC which stands for Taarak Mehta Ka Ooltah Chashma is one of the most reputed and long-running TV Shows. It occupies a very special place in people’s hearts as it is a sitcom based on ordinary -middle-class people and depicts situations to which people can relate. The show was created by Asit Kumarr Modi and … Continue reading Analysis of The TMKOC Case: John Doe Orders and their Necessity in the Entertainment Industry
Read more »Novartis Vs Union of India: A Landmark Case in Intellectual Property Law
INTRODUCTION The judgment of the Supreme Court of India in the case of Novartis vs Union of India, 2013, marked a milestone at the interface between intellectual property law and public health. This landmark case has shifted thinking with respect to the perception of pharmaceutical patents vis-à-vis their impact on access to lifesaving drugs. In … Continue reading Novartis Vs Union of India: A Landmark Case in Intellectual Property Law
Read more »Are Personality Rights only for Celebrities.
Personality rights are rights to individuals to protect their persona in commercial domain, which includes but is not limited to their name, voice, physical characteristics etc. In India, we do not have a specific law on personality rights. But through different precedents of courts in India, we can conclude, that Personality right can be broadly … Continue reading Are Personality Rights only for Celebrities.
Read more »Buybacks and Company Legislation
INTRODUCTION Buybacks is a process or a mechanism where the company approaches the shareholders to buyback or repurchase the shares they hold of the existing company.[1] Buyback is a good way to do capital restructuring. It is a strategic corporate tool regulated under Companies Act, 2013 and Income Tax Act, 1961 which is used for … Continue reading Buybacks and Company Legislation
Read more »The Mis-Connection between the Copyright Law and PMLA
Introduction The Prevention of Money-Laundering Act, 2002[1] (hereinafter “PMLA”), contains as a predicate offence,[2] the Copyright Act, 1957 (hereinafter “CA”). While the framework of PMLA does lend, and improve the funtioning of, the CA—by causing increased reputational risk; compliance improvements; and a further disincentivisation for the internalisation of infringement costs; there are notworthy concerns relating … Continue reading The Mis-Connection between the Copyright Law and PMLA
Read more »Prolonging PPIRP Scrutiny: Crucial for Optimal Resolution?
Introduction The entire body of law in India for resolving bankruptcy affecting all entities, whether corporate or individual, is the Insolvency and Bankruptcy Code, 2016 (Code/IBC). It responds to the growing demand for an all-encompassing law that would be efficient in resolving debtors’ insolvency, optimizing the value of assets accessible for creditors, and facilitating the … Continue reading Prolonging PPIRP Scrutiny: Crucial for Optimal Resolution?
Read more »The Legal and Ethical Dimensions of Copyright Infringement
INTRODUCTION Copyright infringement is one of the most persistent problems in intellectual property law today. Because it has become easier than ever to access digital content, unauthorized use of copyrighted materials has skyrocketed exponentially in a very short period of time. Copyright infringement happens when persons use or reproduce a work without acquiring consent from … Continue reading The Legal and Ethical Dimensions of Copyright Infringement
Read more »Sipping on Legalities: Decoding the 2023 Madhya Pradesh High Court judgment in the Blenders Pride vs. London Pride Trademark Saga
INTRODUCTION Brand management and marketing are ever-evolving industries, which means there are bound to be challenges in the use of trademark elements, which turns into litigation battles. One such case that draws the attention of many is the matter of Pernod Ricard India Private Limited and Ors. Vs. Karanveer Singh Chhabra, more commonly known as … Continue reading Sipping on Legalities: Decoding the 2023 Madhya Pradesh High Court judgment in the Blenders Pride vs. London Pride Trademark Saga
Read more »The Analysis of Quasi-Judicial Functions and Appointments in India’s Patent and Trademark Offices
Introduction India’s Intellectual Property (IP) ecosystem faced many challenges in recent times because of technological advancements, new forms of inventions etc., one of the major challenges is the appointment of the employees in the Patent and Trademark Offices. These appointments are critical, as they affect the final grant of the intellectual property rights. The Indian … Continue reading The Analysis of Quasi-Judicial Functions and Appointments in India’s Patent and Trademark Offices
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