TagIntellectual Property

Arbitrability of IPR in India: Have Courts Put a Snooze on Booz Allen?

[Manasa S Venkatachalam is a 4th year B.A., LL.B. (Hons.) student at Gujarat National Law University] The advent of arbitration into various other areas of law raises increased issues of arbitrability of certain subject-matters. Following issues of fraud, lease agreements and tortious claims, perhaps the next big question with respect to arbitrability in India arises with respect to intellectual...

Flip Structure Transactions: Regulatory Implications in India

[Divyansh Nayar is a 5th Year B.A.LL.B student and Arth Singhal a 4th Year B.A.LL.B student, both at National Law University Odisha] Over the last decade, the concept of a “flip” has gained popularity in the venture capital circles, especially amongst Indian startups seeking support from foreign investors. A “flip” transaction is one where an Indian company incorporates a company in a favourable...

Call for Blogs: The IP Law Post

[Announcement on behalf of the IP Law Post] We are a group of HNLU students with a keen interest in Intellectual Property Law. By means of this blog, we aim to facilitate dialogue and debate on recent domestic and international developments. With the tremendous growth in technology, art and industry, IP has touched many facets of our lives such as business, innovation, sports, fashion, media...

The Delhi High Court on a Test for “Sectoral Regulators”

[Karan Kamath is a 2020 B.A. LL.B. (Hons.) graduate from Symbiosis Law School, Pune] The Delhi High Court in Monsanto Holdings Pvt. Ltd. v. Competition Commission of India (20 May 2020) ruled that the Supreme Court’s determination in CCI v. Bharti Airtel Ltd.(2018) is not applicable to the Controller of Patents. It also ruled that the Competition Commission of India (CCI) could investigate...

Call for Papers: The Indian Journal of Intellectual Property Law

[Announcement on behalf of the Indian Journal of Intellectual Property Law] The Indian Journal of Intellectual Property Law (IJIPL) is the flagship intellectual property law journal of NALSAR University of Law, Hyderabad. IJIPL is India’s first student run journal that is wholly devoted to the study of intellectual property law. Published annually, it is the combined endeavour of NALSAR...

Delhi High Court Allows E-commerce Platforms to Sell Products of Direct Selling Entities

[Kajal Kashyap is a 4th year B.A. LL.B. (Hons) student at NALSAR University of Law] In Amazon Sellers Services Pvt. Ltd. v. Amway India Enterprises Pvt. Ltd., a division bench of the Delhi High Court overruled an earlier judgment passed in 2019 by a single judge of the same court, thereby allowing e-commerce platforms like Amazon and Flipkart to sell products of Amway and other direct selling...

Statutory Licensing and Internet Broadcasting: A Legal Conundrum

[Ayushi Singh and Abhishek Jamalpur are 4th year students at National University of Advanced Legal Studies, Kochi] In May 2019 the Ministry of Commerce and Industry, in exercise of its powers conferred under section 78 of the Copyright Act, 1957, has proposed the Copyright Draft Amendment Rules, 2019 to amend some of the rules of the principal Copyright Rules, 2013. These Amendment Rules are...

Bombay High Court on the Fate of Digital Music Streaming and Downloading Applications

[Tanya Varshney is a 4th year B.A. LLB. (Hons) student at Jindal Global Law School] The Bombay High Court pronounces another judgement changing the fate of online music streaming and downloading services. In Tips Industries Ltd. v. Wynk Music Ltd., Justice Kathawalla provides an interpretation of the provisions of the Copyright Act in the context of digital streaming and downloading of music...

Arbitrability of IP Disputes in India: Lessons from Hong Kong

[Chandni Ghatak is a final year B.A. LL.B (IPR Hons.) student at the National Law University, Jodhpur] India has constantly been making attempts to emerge as a pro-arbitration hub in Asia. While many of these attempts are laudable, a contentious issue that persists is the confusion prevailing over arbitrability of certain kinds of disputes. One such category of disputes is where the subject...

Call for Papers: NLIU Journal of Intellectual Property Law

[Announcement from the NLIU Journal of Intellectual Property Law] The Cell for Studies in Intellectual Property Rights (CSIPR), incorporated under the aegis of Prof. (Dr.) Ghayur Alam, Chair of IP Law at the National Law Institute University, Bhopal (NLIU), is now accepting submissions for Volume 8 of the NLIU Journal of Intellectual Property Law. About the Journal The NLIU Journal of...

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