[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...
Demystifying the Arbitrability of Patent Disputes in India
[Prarthna Bathija is a fifth year B.A. LL.B. (Hons.) student, and Apoorv Madan a fourth year B.B.A. LL.B. (Hons.) student, at Jindal Global Law School, Sonipat] The Booz-Allen Case and Conceptual Jurisprudence Relating to Arbitrability of Disputes In the landmark case of Booz-Allen Hamilton v SBI Home Finance (“Booz-Allen”), the Supreme Court summarised the conceptual jurisprudence relating to...
Confidentiality: Protecting Trade Secrets
[Maneck Mulla is a Partner and M. Siddha Pamecha an Associate at M Mulla Associates] Introduction There is no copyright on ideas or information; hence, sharing any confidential information and preserving such information present complex issues, especially at the time of breach of confidence. Often, without taking adequate safeguards, companies and individuals share technical know-how, trade...
Uber v. Waymo and Lessons for Trade Secret Protection for Companies
[Swrang Varma is a 4th Year BB.A. LL.B. (Hons.) student at the University School of Law & Legal Studies, Guru Gobind Singh Indraprastha University] Introduction More than a century has elapsed since the establishment of the theory of the separate juristic personality of a corporation. Be that as it may, a corporation still functions through human innovation. The unique competitive edge that...
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