Access to affordable medical care is a fundamental right of every human being. From the perspective of patent law, in India, generally the focus has been on pharmaceutical drugs and how patent law can balance the right of public to affordable drugs viz-a-viz the right of innovators. However, healthcare in the contemporary world extends far…

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, what…

This article has been written by Sneha Jain & Akshat Agrawal. 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…

This article has been written by Julien George & Subhoshree Sil. 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…

This article has been written by Sneha Jain & Akshat Agrawal. 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…

This article has been written by Samriddh Bindal. 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…

This article has been written by Julien George, Anu Paarcha & Subhoshree Sil. 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…

In the hyper-connected digital world of today, there is no doubt about the fact that reviews posted online have a major impact on a consumer. In recent times, we often stumble upon situations where we can easily note as to how different sectors of business have been impacted because of either fake or negative reviews.…

  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,…

Royal Symbols often include the royal coat of arms, royal crest, insignias, badges etc., they are distinguishing marks or sign adopted by a person, a family, or an organization. Most of the Royal Symbols date back to medieval times. These Royal Symbols have been used for identification of knights in battles and kingdoms through the…