The Government released the Draft National E-Commerce Policy which, inter alia, recommends that e-commerce platforms (intermediaries) be mandated to undertake certain anti-counterfeiting and anti-piracy measures. The Draft Policy is all- encompassing, covering the various dimensions of e-commerce, including data, consumer protection, intellectual property and competition. While many of the anti-counterfeiting measures are well-balanced and promote transparency […]
The Government of India introduced the Cinematograph (Amendment) Bill, 2019 with the stated objective of countering film piracy. The Bill amends Cinematograph Act, 1954. The Act provides for certification of films for exhibition. The Act also imposes penalties for various offences such as: Exhibition of a film that has not been certified for public exhibition, […]
https://economictimes.indiatimes.com/news/international/business/india-us-ink-pact-on-intellectual-property-rights/articleshow/74218241.cms
In the matter of: SU-KAM Power Systems Ltd. Vs. Mr. Kunwer Sachdev & Anr. CS (COMM)1155/2018 FACTS: The Suit was filed by the plaintiff company through its resolution professional under Order XIIIA of CPC for obtaining summary judgement against the defendant. The suit was filed for declaration, permanent injunction, damages and incidental reliefs. It was […]
The Ministry of Corporate Affairs (MCA) has notifies the Insolvency and Bankruptcy (Insolvency and Liquidation Proceedings of Financial Service Providers and Application to Adjudication Authority) Rules 2019 (Rules) to provide a generic framework for insolvency and liquidation proceedings of systemically important Financial Service Providers (FSPs) other than Banks. These rules fill the legislative lacuna […]
Asset Reconstruction Company (I) Limited (ARCIL) Vs. Koteswara Rao Karuchola & Ors. (NCLAT, NEW DELHI) Company Appeal (AT) (Insolvency) No. 633 of 2018 ISSUE: The issue before the Court was whether a Company against which Money Laundering case has been initiated can be allowed to be the member of the Committee of Creditors. FACTS: A […]
PATENTS The origination or birth of the patents took place way back in the fourteenth and sixteenth century. The word ‘patent’ was derived from the Latin word ‘patere’ which means ‘to lay open.’ The history of Patent law in India starts from 1911 when the Indian Patents and Designs Act, 1911 was enacted. The present […]
1.What is ‘Design’? The concept of design has been defined under Section 2(d) of the Design Act, 2000 to mean only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial […]
1.What is copyright? Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematographic films and sound recordings. In other words copyright is a term given to bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the […]
1.What is a trademark? A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating […]