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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…

Introduction: SEP jurisprudence, evolving across multiple jurisdictions, consistently underscores the paramount importance of “Fairness” in all dealings ensuing in a FRAND negotiation. Indeed, the concept of ‘good-faith’ negotiations between SEP Holders and Implementers is acquiring increasing significance, as evidenced by the imposition of elevated royalty rates and even interim deposit orders, preceding a final adjudication…

The scope of copyright liability of Generative AI (‘genAI’) models is a hot topic globally. Copyright issues that stem out of genAI technology can be categorized into four heads. All the litigations in the United States form a part of one of these four heads: Allegation of copyright Infringement due to copying/storage of copyrighted works…

The preamble of the Insolvency and Bankruptcy Code, 2016 (‘Code’) states its objectives, which are maximisation of value of assets, promote entrepreneurship, within the stipulate time frame. Apart from the initiation of Corporate Insolvency Resolution Professional (‘CIRP’) or the Liquidation Process, the Code also provides for a class of transactions which can be ‘avoided’ or…

On 28th March 2024, the Delhi High Court (DHC) pronounced its final judgment[i] in the cross-suits filed between Ericsson and Lava, ultimately deciding the matter in favour of Ericsson by granting it damages to the tune of INR 244 Crores (USD 29.9 Million) along with legal costs. The redacted version of the decision was uploaded on 3.04.2024. However, the…