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Searching Content indexed under Intellectual Property by Nishith Desai Associates ordered by Published Date Descending.
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1
Delhi Tax Tribunal Reignites Software Debate
The characterization of payments made for shrinkwrapped software has been a controversial issue in India, resulting in a large number of litigations.
India
16 Jul 2019
2
Statutory Licensing Under The Proposed Copyright Amendment Rules: A Cart Before The Horse Situation?
On May 30, 2019, the draft Copyright (Amendment) Rules, 2019 ("Draft Rules") were released for public comments. The press release accompanying the Draft Rules indicated that they were introduced
India
27 Jun 2019
3
"Nice" Amendment To The Indian Trade Marks Rules
In India, the Trade Marks Act, 1999 ("Act") for the first time introduced service marks so as to bring the Indian trademark law in line with TRIPS, which contemplates registration of service marks for services in addition to trademarks for goods.
India
10 Jun 2019
4
Employment Contracts In India - Enforceability Of Restrictive Covenants
The employer-employee relationship is, and has always been, in a constant state of evolution. As the nature of this relationship evolves and changes
India
3 Jun 2019
5
Payments For Online Subscription Services Not To Be Taxed As Royalty
The ITAT affirms that fees paid for accessing an online database should not be treated as royalty or FTS but rather business income.
India
29 May 2019
6
Pre-Institution Mediation Under The Indian Commercial Courts Act: A Strategic Advantage
A 2018 amendment to the Indian Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015
India
27 May 2019
7
Export Of Patented Product By A Non-Patentee For Obtaining Regulatory Approval Allowed: Delhi High Court
The Division Bench of the Delhi High Court has held that export of a patented product by a non-patentee for the purpose of obtaining regulatory approval is allowed under Section 107A(a) of the Patents Act...
India
27 May 2019
8
Rogue Or Not? –Delhi High Court Grants Its First Dynamic Injunction To Curb Online Piracy
To curb the menace of online piracy and hydra headed Rogue Websites/ Flagrantly Infringing Online Locations the High Court at Delhi
India
20 May 2019
9
No Infringement Of Radico's "8 PM" Mark If Carlsberg Sells Its Beer Under Visually Similar ("Palone 8") Mark: Delhi High Court
The Delhi High Court in the case of Carlsberg India Private Limited vs. Radico Khaitan Limited allowed the appeal of Carlsberg and vacated the partial injunction granted by the Single Judge against Carlsberg.
India
6 May 2019
10
A Pinch For Piracy - Punitive Penalty Is The Court's Way
The Delhi High Court has once again granted punitive damages in a copyright infringement case.
India
4 Apr 2019
11
Intermediaries – Messengers Or Guardians? How India And US Deal With The Role And Liability Of Intermediaries
The increase in the diverse forms of use and expression on the Internet has led to a number of questions on whether or not the use of the Internet as a platform for commerce and, more importantly, communication, should be regulated.
India
28 Feb 2019
12
What's In A Name? Schools Battle Over Brand Names Before The Delhi High Court
Use of identical names by unrelated educational institutions should be avoided as it could lead to confusion in the minds of students,
India
19 Feb 2019
13
Edtech Platform Held Liable For Hosting Infringing Content
Platforms hosting user content and retaining control over the content, by exercising their right to modify and refuse uploads, cannot claim safe harbour protection under Section 79 of the Information Technology Act, 2000.
India
8 Oct 2018
14
Ferrero Awarded RS1 Million In Damages For Infringement Of Ferrero Rocher Trade Dress
Plaintiff Ferrero Spa is an Italian confectionery giant which is part of the Ferrero Group, founded in 1946. It is ranked amongst the biggest four confectionery producers in the world.
India
12 Jul 2018
15
Victory For Coca-Cola: Delhi High Court Grants Permanent Injunction Against Use Of KINLEY
In The Coca-Cola Company v Glacier Water Industries (CS (COMM) 1290/2016), the High Court of Delhi has granted plaintiff ...
India
7 Jun 2018
16
Registration Of A Well-Known Mark In India
Enterprises often invest a great deal of money in brand strategy and marketing. A strong brand increases an enterprise's valuation and consumer base.
India
8 Jan 2018
17
Is SRI KRISHNA SWEETS Mark A Trademark Inheritance?
Two brothers claimed rights to use the SRI KRISHNA SWEETS mark by virtue of inheritance from their father
India
12 Dec 2017
18
Expedited Grant Of Patent In India – A Myth Or Reality?
In 2016, an amendment to the Patent (Amendment) Rules, 2005 ("2016 Amendment Rules") was brought about.
India
21 Sep 2017
19
DPS World Foundation Barred From Piggybacking On Delhi Public School's Reputation
The Delhi Public School Society has run schools and educational institutions in Delhi and throughout India under the name Delhi Public School since 1948.
India
27 Jun 2017
20
Trademark Rules Reformed: Filing Applications In India
With a view to bring about radical changes in the trademark registration process...
India
9 Jun 2017
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