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Do the rules of the Indian Evidence Act apply to Patent processes?

By, Vasu Manchanda   Introduction The Indian Evidence Act, 1872 entails the burden of proof and its onus on the plaintiff. According to Section 101 of the Indian Evidence Act, 1872, the burden to prove the existence of the claimed… Continue Reading →

Patent Linkage: Conflict of Interest between Developed and Developing Countries

By, Saransh Chaturvedi   The adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which formed part of the Agreement Establishing the World Trade Organization, established a minimum level of protection with respect to various forms of… Continue Reading →

The Conundrum Involving the Test for Copyright Infringement of Films

By, Nidhisha Garg On July 1, 2019, the High Court of Delhi delivered a significant ruling in the case of MRF Limited v. Metro Tyres Limited which has reconsidered the position with respect to the test for identifying copyright infringement… Continue Reading →

The Unaddressed Conundrum Surrounding Copyright Societies vis-a-vis Competition Law

By, Urshila Pandit & Sanah Javed Justice Peckham in the case of United States v. Trans-Missouri Freight Association[i] appositely stated “Nor is it for the substantial interests of the country that any one commodity should be within the sole power and subject… Continue Reading →

The Need to Crease Out ‘Inefficacy’ under the Indian Patent Regime: An Interpretational Study of Section 3(d) in Novartis AG v. Union of India

By, Harsh Singh & Arpita Saini INTRODUCTION The Supreme Court of India delivered a landmark judgment on 1 April 2013 with the Novartis AG v. Union of India[i] case, in an appeal brought by Novartis, a Swiss-based pharmaceutical giant. The… Continue Reading →

Can Elsa save Anna from Louboutin: The fuss around Anna’s boots and possible lawsuit against Disney

By, Manasvi Sharma   Of all the things Disney does, one of the things it probably does the best is marketing. With Frozen II hitting the theatres in November 2019 and entering the million-dollar club at Global Box Office,[1] the… Continue Reading →

The Ambiguity surrounding Section 31D

By, Ananya Sivadas In 2012, an amendment was made to the Copyright Act, 1957 introducing the highly disputed Section 31D giving effect to statutory license for broadcasting of literary and musical works and sound recording. The ambiguity that surrounds this… Continue Reading →

Understanding Parallel Imports and the Doctrine of Exhaustion in the Trademark Regime

By, Mayank Barman Known by names such as “Grey market imports” or “reimports”, parallel imports refer to the transnational distribution of goods produced legally. They are protected by Intellectual Property Rights such as Patents, Trademarks and Copyrights. There is nothing… Continue Reading →

The Indo – Japan Patent Protection Highway: A Gateway to Modern Imperialism?

By, Vismay G.R.N.   The development of patent law in various jurisdictions has been influenced by the social and economic conditions that exist in it. The patent law in India too had its own unique advancement according to its societal needs…. Continue Reading →

Software Trade Secret Protection in India: Prodding the Mesh

By, Adarsh Vijayakumaran Introduction[i] The fast-growing technological advancement in India has made it necessary for the divine aura of intellectual property rights to include in its ambit the use of programmes and software. The RBI’s annual survey report of 2017-18… Continue Reading →

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