A regulatory mechanism for asset reconstruction companies (ARCs) was implemented in India through the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). The Act intended to create a mechanism for the clearing-up of non-performing assets (NPAs) from books of banks and financial institutions. Around a decade later, with the intention of reorganization and settlement of insolvent companies, the […]

NEED FOR AN INTERNATIONAL TRADEMARK A Trade mark refers to a mark which when represented graphically can distinguish the goods and services of one person from that of another person.[I] As the business get online, it is important that the sanctity of one’s registered trade mark is maintained. Anyone with a working internet anywhere in the world can access one’s trade mark and copy it and […]

For instance, a client approaches to get the word “Diamond Factory” registered as trademark under the class containing  jewellery and related goods. The question that would arise is whether it is possible to get an exclusive right to exploit words which are generic/ descriptive in nature? The answer lies in basic principle that is applicable while getting a mark registered. The principle is that the […]

The recent example of Videocon, one of India’s biggest electronic makers, which is forced to stare at the path of liquidation as COVID-19 indicates a severe diversion from resolution of companies to their ruination. The Government of India, in order to to cushion the economic shock which would have been caused to the business corporations reeling under an impending fear of falling into bankruptcy, suspended the […]

As the mutated version of Covid-19 virus fuels the catastrophic crisis looming over India, the desperation for medical equipment combined with its steep shortage has provided a fertile ground for “new strain” of cybercrimes. While online frauds premised on exploiting public sentiment during the pandemic are not new, with creation of fake UPI accounts claiming to be the official channels for making donations to PM […]

With the 24X7 digital presence and inseparable dependence on internet, comes a new challenge of safety of data acquired by websites and mobile applications we use. Last few years have witnessed reasonable number of incidents of data breach and allegations of data misuse. The European Union’s General Data Protection Regulation (GDPR) notified on May 25, 2018, was one major international law initializing legal regulation of […]

INTRODUCTION In order to be registrable, the trademark should be capable of being represented graphically and be capable of distinguishing the goods and services of one person from that of another. Sections 9 and 11 of the Trademarks Act (“the Act”), provide that in order to attain registration, the mark should be distinctive in nature. Such distinctiveness could, however, be acquired by such trademark over […]

Pursuant to the notification of the Ministry of Corporate Affairs (“MCA“) dated October 22, 2019, an online data bank for the independent directors (“Data Bank“) has been incorporated by the Indian Institute of Corporate Affairs (“IICA“).It is an initiative by MCA for the capacity building of the existing Independent Directors, in order to inculcate the high standards of corporate governance in India. The Data Bank is […]

The Resolution Professional (“RP”) plays a very dynamic role in the entire Corporate Insolvency and Bankruptcy Process (“CIRP”). Fortunately, an RP is the cardinal point of the whole operation of CIRP. The Bankruptcy Law Reforms Committee in its final report also emphasized on the role of an RP which stated that “Insolvency professionals form a crucial pillar upon which rests the effective, timely functioning as well as credibility of the […]

The raison d’être of Insolvency and Bankruptcy Code, 2016 (“Code”) is balance of interest and equitable distribution among stakeholder and is the very essence of insolvency process as well as liquidation process. The preamble of the Code also upholds the principle of equitable distribution. There are several judgements that have played a very significant role, such as Essar Steel and Swiss Ribbons, in upholding the said principles. However, […]

The year 2020 has diversified a lot of the Indian startup industry, from manufacturing to tech start-ups, especially with the bans on Chinese products to scrutiny on foreign investments and a host of new policies and hurdles to deal with, start-ups have had an action-packed year. With the onslaught of Lockdown 1.0, many ventures and start-ups were left cash-strapped, ranging from little to none to operate […]

Of late, Fantasy Sports has gained immense popularity in India. This stupendous rise can be attributed to the growing number of cricket matches due to the IPL, a deluge of t20 and t10 leagues around the globe, and India’s obsession with cricket. As the sports broadcasting and the merchandising industries keep thriving, trademark assets and brands like names and logos of teams, leagues, and players […]

“When one door closes, another opens…,” AG Bell, the great inventor, scientist and engineer once said. This adage is probably relevant for India’s banks when it comes to making recoveries from Bad Loans amid the Covid-19 pandemic. One-time Settlement (OTS) is that another door which acts as a recovery scheme for lenders in case borrowers fails to fulfil the commitments undertaken by them. Prompt recovery […]

A speculative investment may be defined as an investment that carries a high LEVEL of RISK of LOSS.[1] Similarly, real estate speculation involves purchasing property relying on the market speculation of prices, with a hope of reselling it at a higher price. Such an investment is premised on predictions about the market value of property, compelling investors to purchase property gaping at price appreciation. In the ever evolving “homebuyer-jurisprudence”,  such investors are […]

With a view to tackle the second wave of the pandemic, the Reserve bank of India (RBI) on 05.05.2021, announced ‘Resolution Framework 2.0 for COVID Related Stressed Assets of Individuals, Small Businesses and MSMEs’ (“ResFra 2.0”) which is an extended version of the “Resolution Framework for COVID-19-related Stress” (“ResFra 1.0”).MSMEs whose aggregate exposure with lending institutions is up to Rs 25 crore and who were classified […]

INTRODUCTION The Corporate Insolvency Resolution Process (“CIRP”) can now be triggered against the personal guarantors of the corporate debtor including the promoters of a company by the financial or operational creditors with the enforcement of ‘Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Rules, 2019 (“Rules”)[1] and the Insolvency and Bankruptcy (Application to Adjudicating Authority for Bankruptcy Process for […]

Teqball is the brainchild of Hungarian natives, Gabor Borsanyi, Gyuri Gattyan, and Viktor Huszar. The simple idea of playing football on ping pong tables became a multimillion-dollar business, thanks to their IP awareness. The success story of Teqball highlights the importance of IP strategies and also the role IP rights will play in upcoming sports. This article throws light on how the inventors of the […]

INTRODUCTION WhatsApp stirred up privacy experts of the world and its huge userbase by announcing a new data privacy policy on 4th January 2021. The new privacy policy ‘took away’ the right to denial of a user to share his information with third parties. The initial deadline to ‘accept the terms or leave the platform’ was set to 8th February 2021 which it soon postponed to 15th May […]

With emergence of Social Media as a new platform for marketing of one’s goods and services, it has evolved the way business is done. The Brand owners put into use the social media platforms for marketing, customer service and lead generation as they have much of their profit and potential profit tied into their social media presence. With this, hashtags have become an important part […]

A Dilemma! Insolvency and Bankruptcy Code (‘the Code’) defines ‘operational debt’ as claims arising in respect of provision of goods or services. The term ‘claim’ under the Code refers to right to payment or right to remedy for breach of contract if such breach gives birth to a right to payment. As per the present interpretation of the definition, where the buyer, bound by a goods […]

Sec 29A:  A person shall not be eligible to submit a resolution plan, if such person, or any other person acting jointly or in concert with such person— (a) is an undischarged insolvent; (b) is a wilful defaulter in accordance with the guidelines of the Reserve Bank of India issued under the Banking Regulation Act, 1949;  (c) has an account, or an account of a corporate debtor under […]

Robert Reich said, “If a certain action improves the corporation’s bottom line, there’s no point in labelling it “socially responsible”. It is just good business.” In the beginning of the year 2020, we witnessed a major upheaval in our lives, which could not have been fathomed otherwise. While the pandemic caged millions in their own homes, one tragedy- the murder of George Floyd by a […]

The key purpose of a trade mark is to successfully differentiate the goods and services by one entity apart from the other. While determining the rightful owner of a trade mark, it is essential to identify the first user of the trade mark for the very claimed goods/services. The determination of a genuine trade mark for its original goods and rightful owner is journey through various confusion theories which have in fact paved the way to clearer functionality of a trade mark leading to better implementation trade […]

Copyright is a form of legal protection given over an original work created by an intellect of a person known as Author. Copyright is defined as an exclusive right over the original work or any substantial part of a work These rights include the right of adaptation, right of reproduction, right of publication, right to make translations, communication to public etc., as per Section 14 of the Copyright Act 1957. The term […]

INTRODUCTION The Copyright (Amendment) Rules, 2021i (here in after referred to as “the Amendment”) were published in the Gazette of India on 30th March, 2021. This Amendment amends the existing Copyright Rules, 2013ii (herein after referred to as “the rules” or “the Principal Rules”) which were last amended in 2016. The Amendment seeks to bring the rules to parity with existing legislations keeping in mind the technical advancements made in digital era. […]

SURROGATE ADVERTISEMENT: DEFINITION  Surrogate advertisement is a promotional strategy to advertise products whose advertisements are banned like cigarettes and alcohol in guise of other related or unrelated products with same brand name. The usual strategy is to use a product that would not predate a proprietor’s originally intended product rather it is either an unrelated product or a product that compliments their original product. For example, alcohol companies use club sodas, mineral water and even music CDs with the same brand […]

BEHIND THE DISPUTE The Plaintiff (PhonePe Pvt. Ltd.) and the Defendants (EZY Services and Resilient Innovations Pvt. Ltd.)  provide online payment services to the users. While the plaintiff’s service can be used by both merchants and the consumers, the Defendants’ service is a merchant exclusive service that intends to accept payments from multiple online payment apps. The plaintiff has registered trademarks that include variants of marks “PhonePE”, “Phoneपे” and . The plaintiff contended that the transliteration […]

INTRODUCTION A Graphical User Interface (GUI) is a software that enables the user to communicate with computers and other electronic devices by direct manipulation of a visual screen using menus, buttons, symbols and pointing devices. The most of the modern devices have even ditched the pointing device and instead use touchscreen panels to access the GUI. In the current age of smartphones and ‘internet of […]

Introduction  The Healthcare sector in our country has been developing at a rapid pace. Even before this ongoing pandemic, we have been working on various aspects to make healthcare facilities better and achieved great success compared to the last decade. New health technologies such as wearable tech, telemedicine, genomics, virtual reality (VR), robotics, and artificial intelligence (AI) are changing the landscape of the Indian healthcare […]

What is 5G Network?  Similar to existing networks, 5G networks are digital cellular networks divided into small coverage areas using radio waves to transmit information across connected devices. While historical networks have used low-frequency transmission bands ranging from 2.5 to 5.0 GHz, 5G networks can transmit information over higher frequency bands ranging from 30 to 300 GHz. This enables the transmission of large “packets” of […]

The past one year of pandemic has witnessed several cyber-attacks worldwide and India has been no different. India rather has been one of the worst hits of such Cyber Attacks. After one of the massive data breach incidents of MobiKwik, recently Air India announced that its servers were hacked leading to unethical access to their customer database. It further declared that approximately data of 45 lakh customers registered between 26th August 2011 and […]

“The caterpillar does all the work, but the butterfly gets all the publicity”.  Protection of a person’s work, that emanates from their intellect is the object behind implementation of the Intellectual Property Laws. The key aspect that makes one’s intellectual property (“IP”) eligible for protection, is its uniqueness and exclusivity. Since its necessary for an owner of such IP to retain these two factors, it becomes obligatory on him to protect […]

Introduction   With growing technologies and business opportunities, law is not merely limited to going to courts or joining a corporate law firm. As Intellectual Property Law has outgrown itself rapidly within a few years, it has brought along with itself, several new opportunities.  The TRIPS Agreement defines the ambit of Intellectual property Law to Trademarks, Patents, Copyrights, Designs, Geographical Indication, Layout Designs of Integrated Circuits, Protection of undisclosed information which is also known as Trade […]

“E- Commerce isn’t the cherry on the cake, it’s the new cake”   The lives of people in today’s era has become fast and devoid of time. In such an era, quick and easy access to goods and services has helped e- commerce usher in as one of the most sought after means of shopping or availing other services. The customers are now able to buy products and avail services […]

Introduction  The Hon’ble Prime Minister of our country, has a vision of self- reliant India, i.e., the Atma Nirbhar Bharat. It is a movement for India to take charge of the innovations for which we are usually dependent on global/ international suppliers. While introducing the vision to the countrymen, the Prime Minister talked about the 5 “I” of the Atma Nirbhar Bharat. They are:  Intent;  Inclusion;  Investment;  Infrastructure and  Innovation  They say, that Intellectual Property is the oil of 21st Century, it is thus one of the key drivers towards […]

It is often said that in order to be irreplaceable, one must be distinct. These words can be applied in world of trademark (“mark”), where the key factor towards sustainability or survival in market of cut throat competition is “distinctiveness”.   Traditionally the marks are a combination of words or letters, or a pictorial representation of a brand, presented in coloured or black and white form.     […]

Introduction  India is a land of diverse cultures and religions with a long and enriching history. It accommodates within itself various tribes and societies, each of which have their own unique cultural expression and tradition. These expressions vary from folklore, music, dance to clothes, footwear, accessories and many more. These expressions are exclusively known for their unique designs and are generally known from the name […]

“The unseen threat is the most fearsome…” Year 2020, began with the biggest upheaval that the humankind could have witnessed, i.e., the onset of Covid- 19. This unfathomable and unseen threat has had domino effect in our lives. While most of us have been caged (un/luckily) in our homes, the virtual lives have gotten the most of us, making each of the individual stick to their systems for […]

With expansion of trade and commerce, the use of signs to distinguish the goods of one from the other started becoming more and more prevalent. However, their economic importance, remained limited then. With advent of Industrialization, trademarks started to play an important role and since then have become a key factor in the modernized international world of trade and market-oriented economies.   Evolution of concept of Well- Known Trademarks: India and International   The well-known Trademark […]

While the privacy policy of WhatsApp sneaks into its users’ life, YouTube’s new terms of use policy is set to burn a hole down its content creators’ pocket. Recently, YouTube has introduced its new terms of service which shall be applicable from June 1, 2021.   These policies focus more on brands, their advertisements and also bring a change in the monetization model of the uploaded videos/ content.   Terms of Service: What’s […]

The idea of Censorship is primarily to suppress or prohibit the free speech and expression rights, especially when they conflict with the common good of the society. In India, the right to free speech and expression is considered to be a fundamental right under Article 19(1). However, as per Article 19(2) it is subject to certain reasonable restrictions. On this basis, the government has the […]

A glimpse at the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 Introduction  OTTs or Over The Top streaming services are instrumental in delivering content through the medium of Internet, instead of the classic satellite-based model of content dissemination. In the recent years, there has been an unprecedented surge of online content creation and consumption. Especially in the wake of the Covid-pandemic, people have turned to OTT platforms, which have offered entertainment to their dull quarantined life.  Generally, OTTS can be classified as being used for purpose of video content, messaging […]

From the powers conferred by Section 47 of the Designs Act, 2000, the Central Government amended the Designs Rules, 2001. On January 25th, 2021, The Ministry Of Commerce And Industry published the Design (Amendment) Rules, 2021(“New Rules”) amending Design Rules, 2001 which have been earlier amended through Design (Amendment) Rules, 2014. Although the copies of the said Gazette were made available to the public on the 19th day of […]