Image from here Earlier this month, the Bombay High Court ruled that registration of copyright is not mandatory for obtaining relief in an infringement action. Seemingly a statement of the obvious, this decision by Justice GS Patel corrects a nine-year old blunder by a coordinate bench of the same court in Dhiraj Dewani v. Sonal
... Continue Reading.Month: March 2021
Norton Rose Fulbright adds fab four to its Los Angeles team
Norton Rose Fulbright adds fab four to its Los Angeles team Together, the four trial lawyers bring on board years of experience and a great success rate as Norton Rose Fulbright expands operations in California with a talented and diverse team Global law firm Norton Rose Fulbright has announced the induction of four commercial litigation
... Continue Reading.Intellectual Property Rights in Covaxin – Part 2 (IP Ownership in Publicly Funded Research)
This post was coauthored by Swaraj Paul Barooah and myself. Image from here In part I of this post, Anik and I argued that the government should waive the IPR in Covaxin in order to ensure that the vaccine can be rapidly accessed by the public. In Part II of this post, Swaraj and I
... Continue Reading.Why the Case of Hero Electric vs. Lectro E-Mobility Actually Demystifies the Arbitrability of IP Disputes
Pic by Nick Youngson CC BY-SA 3.0, from here. Last week we had a guest post by Lokesh Vyas that looked into the case of Hero Electrics v Lectro E-Mobility, wherein the order, holding the dispute to be arbitrable, was critiqued for inadequately clarifying the difference between IP disputes that can be arbitrated versus those
... Continue Reading.SpicyIP Weekly Review (March 22 – 28)
Topical Highlight Delhi HC Looks Into Access And Innovation Questions On Rare Diseases Lorenzo’s Oil, a fantastic 1992 movie on a child with a rare disease and the lengths his parents go to find a treatment for him In this post, Swaraj analyses an order issued by Justice Prathiba M. Singh of the Delhi High
... Continue Reading.Supreme Court on Directors’ Duties in the Tata/Mistry Case: A Critique
On 26 March 2021, the Supreme Court of India pronounced its much-awaited ruling in Tata Consultancy Services Limited v. Cyrus Investments Pvt. Ltd. The Court found that the allegations of oppression and prejudice raised by the Mistry group could not be sustained, and hence declined to grant any relief. It answered all the legal questions
... Continue Reading.DELHI HIGH COURT HOLDS OBJECTIONS REGARDING JURISDICTION UNDER ARBITRATION AND CONCILIATION ACT, 1996 HAS TO BE RAISED AT THE INCEPTION
DELHI HIGH COURT HOLDS OBJECTIONS REGARDING JURISDICTION UNDER ARBITRATION AND CONCILIATION ACT, 1996 HAS TO BE RAISED AT THE INCEPTION A Single Judge Bench of the Hon’ble #HighCourt of #Delhi comprising of Justice Pratibha M Singh passed a Judgment dated 25-03-2021 in the case of Surender Kumar Singhal & Ors. v. Arun Kumar Bhalotia &
... Continue Reading.Former UP Shia Waqf Board Chairman Moves SC Seeking Removal Of 26 Verses From The Holy Quran
A Petition has been filed before the Hon’ble SC [WP(C) No: 401/2021] in quest of removal certain verses from the holy Quran that are negative, promote terrorism, and create the threat of Islamic Terrorism in India. The petition was filed by the UP Shia Waqf Board chairman, challenging 26 verses from the Quran which he
... Continue Reading.Delhi Court appoints Advocate Commissioner concerning the matter of Mehmood Pracha
Amid the raids carried out at advocate Mehmood Pracha by the Delhi police, the Delhi sessions court appointed an advocate commissioner to facilitate the seizure of Pracha’s computer and to ensure that the data seated in it has not tampered. The court order sanctioned post the rejection to undertake the raid. To this, Pracha contended
... Continue Reading.SUPREME COURT HOLDS THAT ADJUDICATORY AUTHORITY CANNOT MODIFY A RESOLUTION PLAN
SUPREME COURT HOLDS THAT ADJUDICATORY AUTHORITY CANNOT MODIFY A RESOLUTION PLAN The Three Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices A.M. Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna passed a Judgment dated 24.03.2021 in the case of Jaypee Kensington Boulevard Apartments Welfare Association & Ors. v. NBCC (India) Ltd. & Ors. {Civil
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