Category: Reasearch Publications

Bombay High Court ruled against statutory licensing to online streaming services

Tips Industries Vs. Wynk Music Ltd. & Anr.   FACTS The plaintiffs licensed its repertoire of about 25000 songs to the defendants by Copyright Society under a license agreement on 22nd August 2015. The license fee was paid, and license was valid till 31st October 2016. After the expiration of license both the parties went on for […]

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Export of a patented drug for experimental purposes is covered under S.107A of the Patents Act, 1970 (India’s Bolar exception), and thus does not amount to Patent Infringement

Bayer Corporation Vs. Union of India & Ors. Decided on 22.04.2019   In a decision that is likely to have a significant impact on pharmaceutical patents and access to medicines, a Division Bench of the Delhi High Court upheld a Single Judge’s decision and ruled that the ‘export’ of a patented invention for experimental purposes […]

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Two Public Notices under PPV&FR Act, 2001 – one under Section 7 & 28 and the other under Section 20(1) of PPV & FR Act, 2001.

The Registrar General under the PPV&FR Act, 2001 issued a public notice under Sections 7 and 28 thereof, purportedly to clarify the extent and scope of rights/power under the Act. Among others, as per this Notice, the power of price fixation of seeds of registered varieties as well as fixation of license fee/royalty for technology that may go […]

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Indian Patent office signing of Pilot Programme on Patent Prosecution Highway with Japan Patent Office.

In a step forward for Patent Prosecution in India, the Government approved the proposal for Bilateral Patent Prosecution Highway (PPH) program between Indian Patent Office and Patent Offices of other interested countries/regions. PPH refers to bilateral arrangement between patent offices that aims to: a) promote work-sharing and b) enable accelerated processing of patent applications. The […]

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Draft Copyright (Amendment) Rules, 2019

The Department for Promotion of Industry and Internal Trade (DPIIT) notified the Draft Copyright (Amendment) Rules, 2019 with the stated aim of ensuring “smooth and flawless compliance of Copyright Act in the light of technological advancement in digital era and to bring them in parity with other relevant legislations.” The Amendment Rules, inter alia, propose substitution of any […]

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Draft Amendment to Form 27 (Statement on working of Patents)

The Government of India has published a draft Form 27 for comments under the Draft Patent (Amendment) Rules, 2019. The proposed amendment issued by the Department of Industrial Policy and Promotion (DIPP) under the Ministry of Commerce and Industry clarifies the timelines for filing Form 27 as well as revised provisions for providing verified English- […]

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An unregistered Assignment Deed holds no validity under the Trademarks Act, 1999; Court need not hold trial in a commercial suit if Defendant lacks a real prospect of success.

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 […]

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Disputes arising out of immovable property actually used in trade or commerce alone are commercial disputes: SC

Disputes arising out of immovable property “Actually used” in trade or commerce alone are commercial disputes: SC Case Title: Ambalal Sarabhai Enterprises Ltd. Vs. K.S. Infraspace LLP & Anr. Civil Appeal No. 7843 of 2019 Supreme Court dated 04.10.2019   The issue that came up before the Hon’ble Supreme Court was. “whether the transaction between […]

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Re-writing Employment Contracts: Code On Wages 2019

The enactment of the Code on Wages, 2019 (‘Wage Code’) is the long-awaited first step in rationalizing India’s complex labour laws. The Government of India has notified the Code on Wages, 2019 (‘Wage Code’) after it received assent from the President of India on 08.08.2019. The Code on Wages once notified shall apply to all […]

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Amendments to FDI Policy 2019

The Union Cabinet approved certain amendments to the Foreign Direct Investment (“FDI”) policy, by way of a press release dated August 28, 2019 (“PR”). Thereafter the department for the promotion of Industry and Internal Trade (DPIIT) has issued Press Note No. 4 of 2019 dated 18th of September 2019 notifying the changes to the foreign […]

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