Tag: Intellectual Property
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A New Book on India’s Intellectual Property Dilemmas
[Posted by Umakanth Varottil] [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…
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The Need for Cyber Security Due Diligence in M&A Transactions
[Posted by Umakanth Varottil] [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…
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Taxation of Income from Transfer of Intangible Assets between Non-Residents
[Posted by Umakanth Varottil] [The following guest post is contributed by Shailendera Singh, who is a lawyer practising in Delhi. He can be reached at shailenderasngh@gmail.com] 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…
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Arbitrability of Copyright Disputes
[Posted by Umakanth Varottil] [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.…
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Decision of the Supreme Court in the Novartis Case
[Posted by Umakanth Varottil] Normal 0 false false false EN-US JA X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:”Table Normal”; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:””; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:12.0pt; font-family:Cambria; mso-ascii-font-family:Cambria; mso-ascii-theme-font:minor-latin; mso-hansi-font-family:Cambria; mso-hansi-theme-font:minor-latin;} [Vinita Sithapathy, who is a lawyer and a company secretary, has contributed the following post. Vinita graduated from…
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Constitutional Challenge to IPAB and Copyright Board
[Posted by Mihir Naniwadekar] 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…