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News & Analysis

Resolving the conflict between section 3(d) and section 3(e)

23 March 2023 by LexOrbis - DPS Parmar

It is generally known and understood that every exception in the act should stand on its own footing. Two seemingly similar provisions in legal sense cannot lean back on one another to fortify the argument favouring the exception or otherwise. This seemingly sound argument suffers the close scrutiny of the Delhi High court in Best Agrolife Limited v Deputy Controller of Patents & Anr (WP(C)-IPD 11/2022 & CM 32/2022, 54/2022, 55/2022).

News & Analysis

Demystifying SEBI`s consultation papers on alternative investment funds

15 March 2023 by Juris Corp - Apurva Kanvinde, Mannan Gala

Over the last few years, alternative investment funds (“AIFs”) have emerged as an integral class of investors. As part of the ongoing efforts of the Securities Exchange Board of India ("SEBI") to evaluate and further ease the regulatory landscape for AIFs in India, SEBI has released five consultation papers, each of which covers a different element of the AIF norms and also includes a suggestion for an alternative review. The objective of the consultation papers is to seek comments / inputs / suggestions from all stakeholders on the proposals presented by SEBI.

News & Analysis

Insolvency of personal guarantors – which NCLT is right?!

14 March 2023 by Juris Corp - Jayesh H, Sharmistha Ghosh, Palak Nenwani

Application seeking initiation of insolvency against personal guarantors (of a corporate debtor) can be filed before the National Company Law Tribunal (“NCLT”). The question is which NCLT will have appropriate jurisdiction. The Supreme Court of India (“Supreme Court”) has resolved (!) this issue in the matter of Mahendra Kumar Jajodia versus State Bank of India (“Jajodia case”).

News & Analysis

DSK Legal successfully advises Railway Board, Ministry of Railways

01 March 2023 by DSK Legal - India

DSK Legal has successfully advised and assisted the Railway Board, Ministry of Railways in a ₹26,000 crore ($3.25 billion) project, relating to supply and maintenance of electric locomotives for freight movement in India, to be executed by global engineering and technology firm Siemens in collaboration with the Indian Railways.

News & Analysis

Singularity sets-up shop in the Middle East, Bringing Innovative Legal Services and International Dispute Resolution Expertise to the Region

27 February 2023 by Singularity Legal - India

Singularity Legal, an Asia-Africa focused international dispute law firm, has announced the opening of its new office in the UAE, marking a significant milestone in the company's expansion in the Middle East.

News & Analysis

Anand and Anand launches ‘Digital Group’

20 February 2023 by Anand and Anand - India

In its centenary year, Tier I full-service Intellectual Property firm Anand and Anand today announced the launch of its ‘Digital Group’.

News & Analysis

Opportunity to Avoid Abandonment of Trademark Applications

15 February 2023 by LexOrbis - Manisha Singh & Omesh Puri

The Office of the Controller General Patents, Designs and Trademarks, India issued two public notices dated February 06, 2023, to deal with trademark applications pending before all their offices and expedite their disposal. Both public notices deal with the prosecution of trademark applications that were pending for mandatory actions on behalf of the Applicants in respect of either filing response to the examination report or filing of counterstatement against a notice of opposition.

News & Analysis

Missed deadline: Remedy under the Indian Patent Laws

07 February 2023 by LexOrbis - Manisha Singh (Partner) & Krishna Goyal (Associate)

The process to obtain a patent entails multiple stages from the filing of a patent application to the grant of the patent. There are various deadlines associated with each of these stages, such as the date of filing an application for the grant of patent and the date of filing the Request for Examination (RFE). The Indian Patent Office is very stringent for adherence to these deadlines, and failure to meet them may result in the rejection of a patent application. Thus, it is very important for a patent professional or an Applicant to cautiously meet the to avoid any adverse effect on the application. This article covers the consequences and remedies under the Indian patent laws in case any deadline associated with the patent application is missed.

News & Analysis

India: Contemnor to pay INR 2 Crores to the plaintiffs in a patent infringement case

02 February 2023 by Anand and Anand

Pfizer Inc. and its group companies (“Pfizer”) filed a suit bearing no. CS (COMM) No. 442 of 2021 titled as Pfizer Inc. & Ors. v. Triveni Interchem Private Limited & Ors. before the Hon’ble Delhi High Court, for infringement of patent IN 218291 for the compound Palbociclib.