201909.12
13

Amendments to Consumer Protection Act- what Brand owners must know!

To modernize the law relating to consumer protection and to enlarge the scope of the existing law and make it more effective and purposeful, the Consumer Protection Act 2019 has replaced the old Consumer Protection Act, 1986.  The revamping of the Act was much needed as the provisions under the old Act, which is now…

201908.30
13

Foreign Direct Investment (FDI) norms eased to attract Brands

The Indian economy has been witnessing a slow down since beginning of 2019. A mixture of international events and domestic fiscal tightening has lead to slowdown in India that not so long ago regularly featured among the world’s fastest growing economy. The government has taken note of this slowdown and made some bold announcements to…

201908.20
13

Injunctions: Paradigm shift for India’s innovators

The interim or preliminary injunction plays a crucial role in IP cases as the focus of the IP holder is to seek an immediate order to stop the infringing activity so as to protect its market share. For a party seeking preliminary injunction, a three-factor test has been laid down by the courts: 1) to…

201908.13
12

Assessing Modi’s impact on IP landscape

Prime Minister Narendra Modi and his political party Bharatiya Janata Party (BJP), once again won the elections with a clear majority and formed the government in May 2019. This is the party’s second term in a row. Interestingly, during the election campaign, one of the adverts released entitled “Transforming India’s IP Landscape” counted, among others,…

201907.31
12

ASCI guidelines on CELEBRITY ADVERTISING

The price of greatness is responsibility- Winston Churchill Celebrities act as influencers to a common consumer. With a large population of India, living in villages, a celebrity endorsing a product or service, serves as promise of quality and builds instant recognition and credibility. In many cases, the benefits of product or claims made in adverts…

201907.12
12

High Court applies ‘doctrine of necessity’ on seeing huge pendency at IPAB

A recent writ petition before the Delhi High Court (Mylan Laboratories Limited Vs. Union of India & Ors., W.P.(C) 5571/2019 & C.M. Appln. 24540/2019 & 26833/2019) brought to court’s notice gridlock at Intellectual Property Appellate Board (IPAB) with no cases being heard considering the vacancies of technical member for Patents, Trademarks and Copyrights lying vacant…