A. Constitutionality of Maternity Benefit Act 1961? Article 39 (e) & (f) B. Is there any maternity benefit law set out by Haryana government? The state of Haryana follows Maternity Benefit Act, 1961 and The Haryana Maternity Benefit Rules, 1967. C. Who will be the employer in case of a company? In cases, … Continue reading KNOW ALL ABOUT MATERNITY BENEFITS RIGHT UNDER LAW
DATA PROTECTION LAW WHICH CAN PENALIZE UPT0 250 CRORE FOR BREACH OF DATA AND VIOLATION OF LAW
Introduction In an era defined by digital innovation and the seamless exchange of information, the need to protect individuals' privacy and personal data has become paramount. Recognizing this, governments around the world are enacting comprehensive legislation to address these concerns. Indian lawmakers on 09.08.2023 passed a data protection law that will dictate how tech companies … Continue reading DATA PROTECTION LAW WHICH CAN PENALIZE UPT0 250 CRORE FOR BREACH OF DATA AND VIOLATION OF LAW
INCORPORATION OF ENTITY IN BRAZIL
The Brazilian Civil Code (Law no 10,406) governs the business entities like Corporations and Limited Liability Companies. In order to set up an entity in Brazil, the following steps are to be followed: The first step is to select the name of the company. It should not be identical with the existing names and trademarks … Continue reading INCORPORATION OF ENTITY IN BRAZIL
ALL ABOUT SETTING UP A COMPANY IN MALAYSIA?
ALL ABOUT SETTING UP A COMPANY IN MALAYSIA? (In Accordance with the Malaysian Companies Act 2016) What type of business structure is allowed in Malaysia for a business? Malaysia allows various business structures, including: Sole Proprietorship: A business owned and operated by a single individual with unlimited liability. Partnership: A business owned and operated by … Continue reading ALL ABOUT SETTING UP A COMPANY IN MALAYSIA?
Whether the Trademark can be dissected while checking its eligibility under section 9(1) during examination?
This question was answered by the Delhi High Court in the case of Ticona Polymers v. Registrar of Trade Marks, 2023 decided on 28th February 2023. Facts of the Case: The appellant applied to register “COOLPOLY” as a mark for plastic and carbon molding materials and molded heat sinks under class 1 and class 9. … Continue reading Whether the Trademark can be dissected while checking its eligibility under section 9(1) during examination?
Know about incorporation of entity in Delaware
The Delaware General Corporation Law is the statute of the Delaware Code that governs corporate law in the U.S. state of Delaware, Adopted in 1899. Title 8 of Chapter 1 subchapter I of Delaware General Corporation Law deals with the Formation of Corporations. Here's a step-by-step procedure to incorporate a company under the Delaware General … Continue reading Know about incorporation of entity in Delaware
Delhi High Court Strikes Down ‘NIKIND’ Registration, Protecting Mankind Pharma’s “KIND” mark family Legacy
Introduction In a recent landmark judgment[1], the Delhi High Court ordered the cancellation of the trademark registration for "NIKIND" in Class 5. The petitioner, Mankind Pharma Ltd., a renowned pharmaceutical company, filed the petition seeking the removal of the impugned trademark, claiming that it infringed upon their well-known trademark "MANKIND" and its associated family of … Continue reading Delhi High Court Strikes Down ‘NIKIND’ Registration, Protecting Mankind Pharma’s “KIND” mark family Legacy
Whether the registrar has the power to condone delay or take into consideration such delayed application for review?
Well, the answer to this question was answered by the Delhi High Court in a recent judgment in the case of MS Aman Engineering Works Vs Registrar Trade Marks, Trade Marks Ministry, New Delhi & Anr., 2022[1]. The Delhi High Court, in its ruling, determined that the Registrar of Trade Marks does not possess the … Continue reading Whether the registrar has the power to condone delay or take into consideration such delayed application for review?
WHETHER PRIOR USAGE AND REGISTRATION OF THE MARK SHOULD BE GIVEN DUE RECOGNITION AND PROTECTION?
Summary of the facts: The plaintiff is a subsidiary of “MAYO” Clinic, a well-known charitable organization based in the United States. They operate internationally and have a strong reputation under the mark “MAYO” for providing medical care, research, education, and diagnostic services. The plaintiff holds trademarks for "MAYO” and related marks in India and over … Continue reading WHETHER PRIOR USAGE AND REGISTRATION OF THE MARK SHOULD BE GIVEN DUE RECOGNITION AND PROTECTION?
DOES DUBBING OF A REMAKE CONSTITUTES COPYRIGHT INFRINGEMENT OF THE ORIGINAL MOVIE?
Introduction: The case of JA Entertainment Pvt Ltd vs MS Sithara Entertainment and Ors. was heard by a Single Judge bench of the Delhi High Court. The key issue in this case was whether the dubbing of a movie, based on assigned copyright work, by another person, to whom separate rights were assigned, constituted infringement. … Continue reading DOES DUBBING OF A REMAKE CONSTITUTES COPYRIGHT INFRINGEMENT OF THE ORIGINAL MOVIE?