Introduction India's intellectual property landscape is currently experiencing a significant paradigm shift, moving away from the nation's traditional reliance on textual and visual identifiers toward an immersive, multisensory framework for brand protection. The objectives of the Trademark Act are to safeguard consumers' rights and prevent potential confusion, while simultaneously protecting manufacturers or owners from unauthorized … Continue reading Sound and Smell Marks: A New Era in India’s Trademark Law
Understanding Derivative Action under the Companies Act, 2013
Introduction The Companies Act, 2013 provides multiple remedies to shareholders when corporate affairs are conducted improperly. However, not every wrongdoing can be addressed through the same legal route. One concept that is frequently misunderstood and often confused with class action proceedings is the derivative action. Indian courts and tribunals have consistently clarified that a derivative … Continue reading Understanding Derivative Action under the Companies Act, 2013
Where Aesthetics Align with Law: Decoding Indian Design Protection Framework
In an era of aesthetic innovation, where products and its packing is constantly evolving, design rights have emerged as effective pillar of intellectual property. A customer is often influenced by his choice of an article not only by its practical efficiency but also by its appearance. A physical appearance really means a design and its … Continue reading Where Aesthetics Align with Law: Decoding Indian Design Protection Framework
Understanding Slump Sale vs Demerger: Key Tax Differences
A company can sell its assets and liabilities through slump sale. As per section 2(42C) of the Income Tax Act, "slump sale" means the transfer of one or more undertaking, by any means (“by any means” was substituted with “as result of sale” as per the Finance Act, 2021. In my opinion and understanding, it … Continue reading Understanding Slump Sale vs Demerger: Key Tax Differences
How Members Can Approach NCLT for the Company’s Mismanagement or oppression
Any member of a company can approaches to the NCLT if member has a ground that the affairs of the company are being conducted in a manner i.e. is prejudicial to the interest of the Company or oppressive to the interest of any member or his interest. Even if the member has a ground that … Continue reading How Members Can Approach NCLT for the Company’s Mismanagement or oppression
Capital Reduction via Buy Back is not permissible under Section 66 of Companies Act 2013
Section 66 of the Companies Act, 2013 speaks about the Capital reduction and capital reduction of the shares can be done only through a special resolution but tribunal approval is required i.e. NCLT for the purpose of Capital Reduction. A company can reduce its capital by cancelling or extinguishing the shares subject to the special … Continue reading Capital Reduction via Buy Back is not permissible under Section 66 of Companies Act 2013
DECODING THE TERM SHEET
TERM SHEET A term sheet is the initial document i.e. signed between the investors and startup. Term sheet itself is not legally binding document but many time this document is exchanged with the confidentiality and related agreements. Although Term sheet may not be legally binding but it is like an architect plan which set forth … Continue reading DECODING THE TERM SHEET
Implications of Patent Agent Communication Failures in India
In W.P.(C)-IPD 7/2024-Waterotor Energy Technologies Inc. vs. Union of India and Anr. the Petitioner based in Canada had hired a first agent in Canada to file his patent application in India. First agent in Canada had hired a second agent in India to carry forward the application process in India. Petitioner’s application was considered abandoned … Continue reading Implications of Patent Agent Communication Failures in India
Responsibility of judicial or quasi- judicial authorities such as controller to cite reasons while accepting or refusing an application to grant patent
In Syngenta Crop Protection AG vs. Assistant Controller of Patents 2024, Switzerland based corporation, Syngenta Crop Protection AG had filed the Indian Patent Application No. 202117035647 titled “Methods of Controlling or Preventing Infestation of Rice Plants by the Phytopathogenic Microorganism Gibberella Fujikuroi” as a national-phase application under the Patent Cooperation Treaty (‘PCT’) claiming priority date … Continue reading Responsibility of judicial or quasi- judicial authorities such as controller to cite reasons while accepting or refusing an application to grant patent
“Acquisitions in India: Balancing Growth and Fair Competition”
INTRODUCTION Acquisition is a process wherein, a company purchases another company and take control of their assets, operations and market position. An acquisition is not just about taking ownership of another company’s shares, it also involves the gaining control over the target’s resources, intellectual property and customer base. Acquisition can occur between small companies and … Continue reading “Acquisitions in India: Balancing Growth and Fair Competition”
DUCTUS EDGE 