[Jishnudeep Kolay and Saumya Bapna are second-year B.A. LL.B (Hons.) students at the National Law School of India University, Bengaluru] In July 2023, the Delhi High Court in Telefonaktiebolaget LM Ericsson v. Competition Commission of India (‘Ericsson II’) ruled that in an issue of abuse of dominance by a patentee in the exercise of their rights under the patent, the Patents Act, 1970 will...
ITC-J&J Deal: Unravelling the Complexities of NCLAT’s Decision in the Merger Control Regime
[Aryan Birewar, Rishabh Guha, and Dhanshitha Ravi are 4th Year BBA LLB (Hons.) students at Symbiosis Law School, Pune] On 27 April 2023, the National Company Law Appellate Tribunal (“NCLAT”) passed an Order (“the Order”) favouring ITC Pvt. Ltd., reversing the penalty that was levied on it by the Competition Commission of India (“CCI”) for not notifying a combination under section 43A of the...
TRIPS Waiver and the Covid-19 Pandemic
[Prajjwal Rathore is a III Year B.A. LL.B. (Hons.) student at the National Law School of India University, Bangalore] With the proposal led by India and South Africa for waiver of certain obligations of the TRIPS Agreement given the COVID-19 pandemic, the international community has been polarised along the lines of development. While several developing countries support the proposal for the...
The TRIPS Waiver and BITs: Scope for Concern?
[Aarohi Chaudhuri is a 3rd year BA LLB (Hons.) student at the National Law School of India University, Bengaluru] In April 2021, a group of WTO members led by India and South Africa proposed the temporary lifting of patents over Covid-19 vaccines. The suggested mechanism to achieve this end was to waive the relevant provisions of the WTO Agreement on Trade Related Aspects of Intellectual Property...
Principles Governing ‘Anti-Enforcement Injunctions’ in India: Part 2
[Anujay Shrivastava is a law graduate (class of 2020) from Jindal Global Law School, O.P. Jindal Global University, Sonipat. The first part in the series is available here] High Court’s Analysis The High Court recorded that injunctions of legal proceedings in foreign claims may take one of three primary forms, i.e. ASIs, AASIs and AEIs. It distinguished AASIs and AEIs. According to the Court...
Principles Governing ‘Anti-Enforcement Injunctions’ in India: Part 1
[Anujay Shrivastava is a law graduate (class of 2020) from Jindal Global Law School, O.P. Jindal Global University, Sonipat] In a significant judgment in Interdigital Technology Corporation v. Xiaomi Corporation(3 May 2021) (“Xiaomi”), the Delhi High Court speaking through C. Hari Shankar, J. recently clarified the principles governing an anti-enforcement injunction (“AEI”) by an Indian judicial...
The Delhi High Court in Ultra Homes on IP Jurisdiction
[Raghav Kacker is an Advocate practicing before the High Court of Delhi and various Tribunals and Ruchi Chaudhury is a postgraduate in anthropology and currently an LLB candidate at Jindal Global Law School] A plaintiff in an infringement suit is bestowed with a generous choice of jurisdiction in addition to what the Code of Civil Procedure, 1908 (“CPC”) provides. Several...
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...
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