[Rishab Chand and Jitya Singh are 3rd year and 4th year students, respectively, at the National Law School of India University, Bangalore] The recent Bombay High Court decision in Tata Capital Ltd. v. Vijay Devji Aiya has reignited the debate on the validity of Unilateral Option Clauses (“UOCs”) in arbitration agreements. While the Court held that UOCs are incompatible with principles of
... Continue Reading.Khaitan & Co Advised Promoters Of Aegis Vopak Terminals On INR 2,800 Crore IPO
Khaitan & Co Advised Promoters of Aegis Vopak Terminals on INR 2,800 Crore IPO Khaitan & Co acted as the legal counsel to the Promoters – Vopak India B.V. and Koninklijke Vopak N.V. – in relation to the initial public offering (IPO) of Aegis Vopak Terminals Limited, comprising a fresh issue of 119,148,936 equity shares
... Continue Reading.(No) Royalty in the Clouds: Between Copyright and Consumption
In a significant judgement, the Delhi High Court in Commissioner of Income Tax v. Amazon Web Service held that payments for cloud computing services to AWS do not constitute “royalty”(one of the reasons being the absence of any commercial exploitation of IP rights involved). Rupam and Kartik analyse this judgement, explaining how it marks a
... Continue Reading.DMD Advocates Advised IMFA On Power Purchase And Investment Agreement With AMPIN Energy
DMD Advocates Advised IMFA on Power Purchase and Investment Agreement with AMPIN Energy DMD Advocates advised Indian Metals and Ferro Alloys Limited (IMFA), India’s leading fully integrated producer of value-added ferro chrome, on its power purchase arrangement with and investment in AMPIN Energy Utility One Private Limited (AMPIN). Under this arrangement, IMFA will invest in
... Continue Reading.SpicyIP Weekly Review (June 9 – June 15)
What Indian Courts Are Getting Wrong About Personality Rights? – A post analysing the recent Delhi HC order in Sadhguru and Ankur Warikoo. Post on the Delhi HC’s increases coverage via a ‘superlative injunction’. The long awaited Pandemic Treaty is finally here but will it be able to overcome the challenges it originally aimed to resolve?
... Continue Reading.Delhi HC’s Orders in Sadhguru & Ankur Warikoo Cases: What Indian Courts Are Getting Wrong About Personality Rights?
In light of the Delhi High Court’s recent orders in Sadhguru Jaggi Vasudev and Ankur Warikoo cases, SpicyIP intern Anureet Kaur highlights how, instead of building a principled framework for assessing personality rights, the courts are granting injunctions without a firm doctrinal grounding. Anureet is a second year B.A. LL.B. (Hons.) student at Rajiv Gandhi
... Continue Reading.Preparedness Without Power? Analysing IP and Access in the WHO Pandemic Agreement
After three years of negotiations, the WHO was finally able to come up with a final version of the Pandemic Agreement last month. SpicyIP Intern Riddhi Yogesh Bhutada takes a look at the key provisions of the Agreement and highlights how the instrument might not be able to overcome the challenges it originally aimed to
... Continue Reading.REDEFINING CONSENT WITHIN MARRIAGE: A LEGAL ANALYSIS OF UNNATURAL OFFENCES AND CRUELTY
REDEFINING CONSENT WITHIN MARRIAGE: A LEGAL ANALYSIS OF UNNATURAL OFFENCES AND CRUELTY Introduction In Banti Jatav v. State of M.P (Misc Criminal Case No. 32576 of 2024) before Justice G.S. Ahluwalia of the Madhya Pradesh High Court, A Petition under Section 482 of the Code of Criminal Procedure for quashing of FIR, in Gwalior. The
... Continue Reading.LEVY OF EVACUATION FACILITY CHARGES AS ‘CHANGE IN LAW’ UNDER POWER PURCHASE AGREEMENT
LEVY OF EVACUATION FACILITY CHARGES AS ‘CHANGE IN LAW’ UNDER POWER PURCHASE AGREEMENT The Judgment in the Case of “Jaipur Vidyut Vitran Nigam Ltd. & Ors. v. Adani Power Rajasthan Ltd. & Anr.CIVIL APPEAL NO. 4336 OF 2025 (Arising out of CIVIL APPEAL DIARY NO. 26876 OF 2024) was delivered by a Division Bench of
... Continue Reading.TESTING THE BOUNDARIES OF TRADEMARK LAW: A CRITICAL EXAMINATION OF TRADEMARK DOCTRINES
TESTING THE BOUNDARIES OF TRADEMARK LAW: A CRITICAL EXAMINATION OF TRADEMARK DOCTRINES Introduction In the Case of Under Armour Inc. v. Anish Aggarwal [FAO(OS) (COMM) 174/2024 & CM No.46175/2024 & 52564/2024] a Division Bench (consisting of Justice Vibhu Bakhru and Justice Sachin Datta) of the Delhi High Court laid down certain principles regarding trademark infringement
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