[Guest post by Prashant Reddy (Research Fellow, School of Law, Singapore Management University) and Sumathi Chandrashekharan (Senior Resident Fellow, Vidhi Centre for Legal Policy) on their new book] About four years ago, in a game-changing case, the pharmaceutical giant Novartis AG, lost the rights to their patent in India covering one of their best-known chemotherapy drugs, Gleevec, after a...
The Need for Cyber Security Due Diligence in M&A Transactions
[The following post is contributed by Prajoy Dutta, a third year B.A.,LL.B (Hons.) student at Institute of Law, Nirma University, Ahmedabad and Srinivas Raman, a fourth year B.A.,LL.B (Business Law Hons.) student at National Law University, Jodhpur] Introduction In the rapidly expanding mergers and acquisitions (“M&A”) environment, companies often overlook the finer aspects of due diligence...
Taxation of Income from Transfer of Intangible Assets between Non-Residents
[The following guest post is contributed by Shailendera Singh, who is a lawyer practising in Delhi. He can be reached at [email protected]] A judgment of the Delhi High Court rendered on July 25, 2016 in CUB Pty Limited (Formerly Known as Foster’s Australia Ltd) v. Union of India has held that the situs of an intangible property is where the owner of the property resides, and a transfer...
Arbitrability of Copyright Disputes
[The following guest post is contributed by Aditya Swarup, who is an Assistant Professor at Jindal Global Law School. The author would like to thank Shivprasad Swaminthan, Assistant Professor, Jindal Global Law School and Angad Mehta, Advocate, for their valuable comments.] In the recently delivered judgment in Eros International Media Ltd. v. Telemax Links India Pvt. Ltd., the Bombay High Court...
Decision of the Supreme Court in the Novartis Case
[Vinita Sithapathy, who is a lawyer and a company secretary, has contributed the following post. Vinita graduated from Government Law College, Mumbai in 2008. She has advised clients on banking and finance and corporate M&A transactions since 2008. She can be contacted at [email protected] Although the subject-matter of the post is beyond the usual scope of the Blog, the...
Constitutional Challenge to IPAB and Copyright Board
Spicy IP reports that two writ petitions have been admitted by the Madras High Court challenging the constitutionality of the Intellectual Property Appellate Board (IPAB) [Shamnad Basheer v. Union of India] and the Copyright Board [SIMCA v. Union of India]. The challenge is based on separation of powers grounds; and if one were to apply the principles laid down by the Supreme Court in the NCLT...
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