India – FAQ’s on Franchise Agreements What is ‘Franchising’? Franchising is the process by which an entity (Franchisor) that has developed a particular way of doing business expands the business by giving other existing or would be entrepreneurs (Franchisees) the right to use the Franchisor’s proven business model in another location for a definite period…
A peculiar requirement under the Indian Patent Act, section146 (1) read with Rule 131 (2), requires every Patent holder to submit before 31st March, a statement on Form 27 whether a Patent has been worked or not in India. The structure of the form and details required to be submitted have been subject of intense…
Internet penetration and widespread use of handheld devices is fuelling ecommerce in India. With the rise in online purchases of goods and services, complaints about counterfeit goods are also rising. The Department for Promotion of Industry and Internal Trade released a Draft National E-Commerce Policy (hereinafter referred to as the policy) on February 23, 2019…
Session pertained to “CM22 Fair Trade in IP Relations” where panelists discussed how law firms can apply the principles of fair trade to avoid malpractice and foster a positive workplace environment. Elaborating on various aspects of “fair trade” as stated in World Fair Trade Organization (WFTO), Rachna Bakhru, our Partner explained that Dialogue is a…
Fantasy sports (also called esports) has caught the attention of sports fan. This is exemplified by 1.1 billion valuation of Dream11, in the latest round of funding. Dream11 – the Tencent-backed fantasy sports startup is the poster child of India’s fantasy gaming ecosystem. The mass penetration of mobile 4G, and cheap data, has popularized the…
Can a licensee turnaround and claim rights in a licensed mark when faced with termination of the agreement. The marks in questions are “EURO”, “EUROBOND” and EURO device of a globe. The Plaintiff, Euro Panel Products Private Limited (EPPL) filed suit against the Defendants, Eurobond Industries Private Limited (Eurobond) and ors, to restrain the latter…
Rachna Bakhru was invited to speak at 25th Annual Day of National Thalassemia Welfare Association. The topics covered in discussion were policies of corporate and firms on inclusion and equal opportunity for people with disabilities, legal provisions and practical challenges in enforcement. The attendees included several government officials from Ministry of Health and Welfare and…
We are pleased to announce, Ms. Rachna Bakhru, Partner & Head of Dispute Resolution practice has been named as one of WIPR’s Influential Women in IP 2019. This new project by @WorldIPReview celebrates the IP industry’s leading female practitioners from around the world. We are glad that a partner of our firm has been shortlisted…
The scope of “Bolar provision” (under Section 107A of the Indian Patent Act) is bone of contention between two generic companies Natco and Alembic Pharmaceuticals Ltd (Alembic) pitted against Bayer. One of the major issue addressed by this decision is whether a non-patentee can export the patented drug under Section 107 A, taking refuge under…
The instant dispute between two entities in the hospitality industry over the mark INTERCITY for hotels revolves around prior adoption and use; whether use has to be considered in India or international use and adoption can be relied upon to claim superior rights. The Plaintiff, Intercity Hotel GMBH, Germany, (Intercity) has filed the suit before…
