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The Draft Patents (Amendment) Rules, 2023 (Draft Rules[i]) published in August 2023 proposes amendments to several critical aspects of patent prosecution before the Indian Patent Office. One such aspect is the obligation on a patent applicant to file information about corresponding foreign patent applications within prescribed timeline as per Section 8 of the Patents Act, 1970.…

The Ministry of Health and Family Welfare (“MoHFW”) on 31.05.2023 had notified the Amendment Rules, 2023[i] under the COTPA[ii]. These Rules came into force from 01.09.2023. The Amendment Rules, 2023 aims to amend the COTPA Rules, 2004[iii] and thus added Rule11 i.e. “Health spots, message and disclaimer in online curated contents of tobacco products by…

This article discusses the power of the court to modify the arbitral award under the Arbitration Act 1940 (erstwhile act) and the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the present Act). The erstwhile act provided three kinds of remedies against arbitral awards, namely, remission, rectification and setting aside of the arbitral award.…

Introduction. Determining patent infringement is a two-step process. First, the claims must be properly construed to determine their scope and meaning. Second, the claims, as properly construed, must be compared to the accused device.[i] Literal infringement may be found if an accused device or method falls entirely within the scope of the asserted claims once…

Introduction A personal guarantor is an individual who provides surety under contract of guarantee to secure the obligations of a borrower. Personal guarantors play a pivotal role in securing loans for businesses and facilitating economic activities. The liability pertaining to the personal guarantors under Insolvency Bankruptcy Code, 2016 (hereinafter referred to as the “IBC”) has…

Introduction The Hon’ble Supreme Court through its judicial activism and judgements concerning The Representation of the People Act, 1951 (Hereinafter referred to as ‘The Act’) has altered the operation and dynamics of Indian Polity. Owing to an expansive interpretation of Section 389(1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘The…

What are Pro Tem Deposits? Ordinarily, in Indian Patent Litigation, a Patentee is either entitled to seek interim injunction or at the very least interim deposits to be made in its favour in lieu of an interim injunction, under the following specific provisions: Order XXXIX Rules 1& 2 of the Code of Civil Procedure, 1908 Rule 5(v) of the…

Introduction The Delhi High Court (Original Side) Rules, 2018 (“Original Side Rules”) were notified on 5th January, 2018, superseding and replacing the Delhi High Court (Original Side) Rules, 1967, specifically with the intent to cater to the change in laws and in particular the Commercial Courts Act, 2015. These Rules, as a special law, contain…

Flipkart, Haldiram, Sandisk, Jockey, Vistara, Puma, Aditya Birla, Samsung, HP and Amul are brands that are literally household names even among households that may not have their customers yet. These are what are known as “well known trademarks” under Trademark law.       In this article, we will be discussing what is meant by such a status,…

Having first considered the question of whether storing copyrightable works for training purposes is reproduction that amounts to copyright infringement under Section 51 of the Indian Copyright Act, 1957, in this second post of this series we will specifically be looking at transformative and extractive uses, applicability of exceptions and limitations under Indian Copyright law, as well…