Abstract This study explores the evolution and significance of the World Intellectual Property Organization (WIPO) in shaping international trademark protection, with focus on India’s engagement within this global framework. Emerging from the Paris Convention (1883) and the Berne Convention (1886), WIPO was formally established in 1967 and later became a specialized agency of the United … Continue reading WIPO and India’s Trademark Protection: A Global Perspective
Customs Enforcement of Trademark Rights Explained
Legal and Customs Perspectives on Import and Export Trademark Registration Requirements The Trade Marks Act of 1999 protects a brand's identity and seeks to prevent the distribution of illicit and counterfeit goods by granting exclusive rights to the registered trademark owner. The Customs Act of 1962 regulates the import and export of goods, providing the … Continue reading Customs Enforcement of Trademark Rights Explained
Understanding the Merger Cooperation Agreement
INTRODUCTION TO MERGER COOPERATION AGREEMENT When companies agree upon the scheme of compromise or arrangement between shareholders and company i.e. merger, in such case to define the road map of complete merger transaction, companies enter into the merger cooperation agreement. It is a pre-closing contract entered into between the companies that have agreed in principle … Continue reading Understanding the Merger Cooperation Agreement
Navigating AI and Copyright: India’s Emerging Legal Landscape
AI is a versatile technology that is revolutionizing various industries. Generative Artificial Intelligence has transformed the creation of writing, images, music, and code by enabling machines to produce original content. As artificial intelligence programs continue to evolve, founders, developers, and users encounter complex legal challenges. Jurisdictions worldwide have adopted diverse approaches to address these challenges, … Continue reading Navigating AI and Copyright: India’s Emerging Legal Landscape
Amalgamation: Insights from the Insolvency Lens
Companies Act, 2013, do not define “amalgamation” and it has been expressed as the scheme of arrangement and merger in terms of section 230 and 232 of the Companies Act, 2013. However, section 2(1B) of the Income Tax Act defines amalgamation as merger between one or more companies with another company or the merger or … Continue reading Amalgamation: Insights from the Insolvency Lens
Understanding Patents in India: A Comprehensive Guide
Guide to Patents in India What is a Patent? A patent is a government granted, exclusive right over an invention for a limited time. In India, a patent gives the owner also known as the “patentee” the right to stop others from making, using, selling or importing the patented product or process without permission. In return, the … Continue reading Understanding Patents in India: A Comprehensive Guide
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”
Analyzing WhatsApp’s Antitrust Violations and CCI Order
INTRODUCTION In 2021, WhatsApp users got a notification that, it would be updating its privacy terms and service policies. The terms and condition explicitly mentioned that it would be sharing the user’s data with the Meta companies (then known as ‘Facebook’). The notification is stated below; WhatsApp is updating its terms and privacy policy; Key … Continue reading Analyzing WhatsApp’s Antitrust Violations and CCI Order
Google’s Dominance: A Closer Look at Winzo’s Claims
Winzo vs. Google: Investigating Abuse of Dominance in the Digital Market INTRODUCION Dominant position is when a company has an influence or holds a superior position in the market, and it can act independently of its competitors, suppliers or consumers. Recently, Google has been alleged to abuse its dominant position against an Online Gaming platform … Continue reading Google’s Dominance: A Closer Look at Winzo’s Claims
DUCTUS EDGE 