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Snowed under

Interminable delays with approvals at the patent office are undermining business and foreign investment

Delhi High Court: IP damages for Nutella jar shape mark breach

By Manisha Singh and Kratika Patel, LexOrbis

Delhi High Court upholds Nutella shape trademark, finds jar makers liable, limits damages on evidence

Identical ‘JBR’ marks: Court demands confusion analysis tests

By Manisha Singh and?Shivi Gupta, LexOrbis

Identical ‘JBR’ marks: Court requires commercial confusion test, not technical class distinctions, in opposition appeal

Philippines Law Firm Awards

Asia Business Law Journal names the top law firms in the Philippines

Sitting on trademark applications breaches constitutional rights

By Manisha Singh and?Shivi Gupta, LexOrbis

Rajasthan HC condemns major trademark delays and directs timely decisions

Lights, camera action! Don’t forget the taxes

By Manisha Singh and?Shivi Gupta, LexOrbis

CESTAT confirms that permanent film copyright assignments fall outside service tax scope under Indian law

Diss my products and I’ll see you in court

By Manisha Singh and Kratika Patel, LexOrbis

Court held Patanjali’s ad disparaged Dabur’s Chyawanprash

Combating AI deepfakes: The face of fraud has no IP rights

By Manisha Singh and Kratika Patel, LexOrbis

含羞草社区 courts are stepping up against AI deepfakes with civil remedies and stronger platform accountability

Intermediary liability not absolute in IP infringement

By Manisha Singh and?Shivi Gupta, LexOrbis

Delhi High Court clarified that listing platforms like Indiamart are not liable for trademark misuse without active involvement

The sound of music must be reasonably priced

By Manisha Singh and?Shivi Gupta, LexOrbis

Delhi High Court ruled that unreasonable music licensing fees justify compulsory licensing to ensure public access to copyright works

Patents give rise to food for thought

By Manisha Singh and Dr K Sasi Praba, LexOrbis

Food products may be patented in India if they are novel and inventive

No limitation on access to documents in a confidentiality club

By Manisha Singh and Swati Mittal, LexOrbis

Delhi High Court upheld access rights of confidentiality club members in a patent dispute, stressing adherence to agreed terms of reference

Trials not applications are where facts decided

By Manisha Singh and Shivi Gupta, LexOrbis

Delhi HC’s judgment in Navigators Logistics v Kashif Qureshi addressed copyright, trade secrets, and non-compete clauses

Mice not meek over morality and amendment

By Manisha Singh and?Neha Ruhela, LexOrbis

Section 3(b) of the Indian Patents Act, 1970, bars patents for inventions contrary to morality or harmful to life

Protecting the brand demands vigilance and determination

By Manisha Singh and Kratika Patel, LexOrbis

Skechers actively protects its IPR in India through legal actions

Court wipes floor with breachers of contracts

By Manisha Singh and Ritika Agarwal, LexOrbis

Delhi High Court, in ITC Limited v Arpita Agro Products, addressed IP rights assignments, trademark infringement, and passing off

The A-List 2024-25

Based on insights from in-house counsel and top business leaders, India Business Law Journal celebrates 含羞草社区 most popular lawyers making the A-List

Failing to follow procedure no defence to fraud

By Manisha Singh and Malyashree Sridharan, LexOrbis

In Quality Services and Solutions v QSS Inspection and Testing, the plaintiffs sought urgent interim relief against the defendants

Infringing pharmaceutical IP has legal side effects

By Manisha Singh and Amritaa Priyodarshini, LexOrbis

In Zuventus Healthcare Limited v Zaventis Health Care Private Limited, the plaintiff sought an urgent permanent injunction from Delhi High Court without notifying the defendant

Advancements in patent law

Regulatory efforts are being made in China, India and Japan to refine oversight on duration, territorial reach and enforcement

Positioning India in the global patent ecosystem

By Manisha Singh and Joginder Singh, LexOrbis

Paper patents no better than paper tigers

By Manisha Singh and Avi Garg, LexOrbis

The Calcutta High Court heard West Bengal Chemical Industries Limited’s bid for an interim injunction to prevent infringement of patents IN370845 and IN434424

Neither chill nor cool to disparage competitors

By Manisha Singh and Tushitta Murali, LexOrbis

The Calcutta High Court recently addressed a disparaging ad in Emami Limited v Dabur India Limited

Spirits not finding it all smooth sailing

By Manisha Singh and Ritika Agarwal, LexOrbis

TM registration – inoculation against infringer claims?

By Manisha Singh and Tushitta Murali, LexOrbis

Refusal of patent over changing scope of claims

By Manisha Singh and Vaneet Kaur, LexOrbis

Void clause of plant varieties statute resurrected

By Manisha Singh and Neha Ruhela, LexOrbis

Under the microscope

A comparison of evolving legal frameworks that are helping to shape the massive life sciences industries in China and India

Delicate balance of life sciences laws in India

By Manisha Singh and Pankaj Musyuni, LexOrbis

India's life sciences laws regulate medicines, devices, biotech, and healthcare, ensuring quality, efficacy, safety, and consumer protection

Hershey’s v. Atul Jalan: Scope of ‘first sale’ doctrine in TM infringement

By Manisha Singh and Malyashree Sridharan, LexOrbis

Chocolate maker has day in court over damage to brand from party selling its expired products

Procedure not subservient to substantive trademark rights

By Manisha Singh and Malyashree Sridharan, LexOrbis

Infringer not such a live wire after all

By Manisha Singh and Dhruv Tandan, LexOrbis

Trademark cases not as smooth as silk

By Manisha Singh and Shubhankar Sushil Sharma, LexOrbis

Infringing scholastic material not requiring close study

By Manisha Singh and Puja Tiwari, LexOrbis

Fine words butter no parsnips, nor apparently chicken

By Manisha Singh and Tushitta Murali, LexOrbis

Distinctive pharma packaging needed to avoid harm

By Manisha Singh and Puja Tiwari, LexOrbis

TM rights in ‘Shakti Bhog’ controversy amid insolvency proceedings

By Manisha Singh and Lisha Chauhan, LexOrbis

The value vector

Law firms are going the extra mile to prove their intrinsic worth to corporate counsel, but are their billing innovations paying off?

Adhere to the patent rules or else

By Manisha Singh and Shilpa Priyadarsini, LexOrbis

Court’s decision to suo motu examine registered trademark

By Manisha Singh and Omesh Puri, LexOrbis

Loading legaltech

How should law firms effectively harness legal technology? Is anything off the table?

Assignment of trademarks reversed by NCLT’s Kolkata bench

By Manisha Singh and Anvita Sharma, LexOrbis

A comparison of patent provisions: India v China

What are the major developments in India and China with their evolving patent ecosystems?

Defendants’ rights better balanced in interim injunctions

By Manisha Singh and Omesh Puri, LexOrbis

Infringing copyright and websites simply not cricket

By Manisha Singh and Malyashree Sridharan, LexOrbis

A comparison of patent provisions: India

By Manisha Singh and Joginder Singh, LexOrbis

Bad faith means no trademark protection

By Manisha Singh and?Omesh Puri, LexOrbis

Affidavits not only evidence in trademark applications

By Manisha Singh and?Omesh Puri, LexOrbis

New Balance achieved after court tilts scales

By Manisha Singh and?Omesh Puri, LexOrbis

Now is not the time for injunctions

By Manisha Singh and Akanksha Kar, LexOrbis

Harsh words not a thief of reputation

By Manisha Singh and?Omesh Puri, LexOrbis

Modified SIPP scheme proves to be a boon for startups

By Manisha Singh and CR Jacob, LexOrbis

Reputation on the line in trade mark dilution

By Manisha Singh and Shivi Gupta, LexOrbis

Preparatory use of a mark as legitimate use

By Manisha Singh and?Omesh Puri, LexOrbis

Dipping a cautious toe in the e-commerce swamp

By Manisha Singh and Simrat Kaur, LexOrbis

Success in IP appeal is sweet indeed

By Manisha Singh and Akanksha Kar, LexOrbis

Dividing patent applications – a strategic approach

By Manisha Singh and Virender Singh, LexOrbis

Cybersquatters riskier to handle, harder to punish

By Manisha Singh and Akanksha Kar, LexOrbis

The business of billing

A climate of competition has kept legal fees stable as lawyers strive to provide certainty and prove their credibility

Descriptive terms cannot be styled protected trademarks

By Manisha Singh and Malyashree Sridharan, LexOrbis

Apple not falling far enough from the tree

By Manisha Singh and Malyashree Sridharan, LexOrbis

An update of NFT law developments

The past year saw crypto art break through to the mainstream, and many lawsuits involving non-fungible tokens making headlines. How are the region’s regulators responding?

An update of NFT law developments: India

By Manisha Singh and Simtrat Kaur, LexOrbis

Here comes the sun

Managing partners at law firms are more optimistic about the future than they have been in years as the negative effects of the pandemic on the economy decline

High court decodes shape marks and their registration

By Manisha Singh and Vibhuti Sharma, LexOrbis

Divide and conquer the winning patent strategy

By Manisha Singh and Neha Ruhela, LexOrbis

A comparison of patent regimes

As innovation advances modern enterprises, Asian countries are competing to offer businesses maximum patent protection to secure their intelligence capital

Incentivisation of green technologies in India

By Manisha Singh and Pradeep Kumar Kamal, LexOrbis

The global climate pledge has fuelled the country’s ambition to adopt environmentally friendly technology, and everyone is invited to join

A comparison of patent regimes: India

By Manisha Singh and Joginder Singh, LexOrbis

Fake digital currency apps virtually coining it

By Manisha Singh and Simran Bhullar, LexOrbis

Sweet smell of success in protecting advertising IPRs

By Manisha Singh and Anirudh Arora, LexOrbis

Public health uppermost in pharma TM infringement

By Manisha Singh and Simran Bhullar, LexOrbis

A comparison of data protection laws

Despite the varied and complex socioeconomic and political landscapes, many Asian jurisdictions are taking giant strides in strengthening personal data safeguards

A comparison of data protection laws: India

By Manisha Singh and Simtrat Kaur, LexOrbis

Blanket orders smother infringing trademark actions

By Manisha Singh and Anirudh Arora, LexOrbis

Metaverse opens quagmire of Indian IP issues

By Manisha Singh, Dheeraj Kapoor, and Simrat Kaur, LexOrbis

Many unforeseen issues that entail comprehensive changes to global law will emerge as the Metaverse unfolds further, with Intellectual Property Law in India front and centre

A comparison of digital banking regulations

As technology revolutionises the banking sector, brick-and-mortar retail is increasingly becoming obsolete as regulators jump to set new standards for inclusive finance

A comparison of digital banking regulations: India

By Manisha Singh and Nisha Sharma, LexOrbis

Court requires banks to join fight against scammers

By Manisha Singh and Simran Bhullar, LexOrbis

Diversity and inclusion in Indian law firms

By Aprajita Nigam and Manisha Singh, LexOrbis

Possible happy ending for controversial cinema bill

By Manisha Singh and Aarushi Mishra, LexOrbis

Injunction refused in a ‘not so sweet’ trademark battle

By Manisha Singh and Akanksha Kar, LexOrbis

Carbon-neutral policies in India

By Manisha SIngh and Pradeep Kumar Kamal, LexOrbis

In the market for a distinctive trademark

By Manisha Singh and Shreyashi Mazumdar, LexOrbis

A small suffix causes big IP dispute

By Manisha Singh and Malyashree Sridharan, LexOrbis

Protection of IP dwindles at the border

By Manisha Singh and Dheeraj Kapoor, LexOrbis

Prior use trumps later trademark registration

By Manisha Singh and Akanksha Kar, LexOrbis

Smoke clears over arbitration in trademark disputes

By Manisha Singh and Shreyashi Mazumdar, LexOrbis

Patent law development in India

By Manisha Singh & Joginder Singh, LexOrbis

KAL Radio out of tune on copyright

By Manisha Singh and Simran Bhullar, LexOrbis.

Rivals see red on biscuit packaging

By Manisha Singh and Dheeraj Kapoor, LexOrbis

Uniformity needed for IP disputes

By Manisha Singh and Varun Sharma, LexOrbis

Red Bull not amused by red horseplay

By Manisha Singh and Malyashree Sridharan, LexOrbis?

Cryptocurrency regulation in India

By Manisha Singh and Nisha Sharma, LexOrbis

A comparison of cryptocurrency regulation

Despite the volatile markets and relentless evolution in cryptos, Asian jurisdictions are treading cautiously in developing legal frameworks for virtual currencies

News report referring to trademark not wrongful use

By Manisha Singh and Malyashree Sridharan, LexOrbis

E-commerce sales do not infringe DSE IPR

By Manisha Singh and Simran Bhullar, LexOrbis

IPAB recognises the concept of transborder reputation

By Manisha Singh and Simran Bhullar, LexOrbis

Using injunctions to prevent IP infringement

By Manisha Singh and Simran Bhullar, LexOrbis

Paying a subsidiary for your trademark not deductible

By Manisha Singh and Simran Bhullar, LexOrbis

Outsourcers are protected against IP infringement

By Manisha Singh and Simran Bhullar, LexOrbis

Court will decide who owns a catchphrase

By Manisha Singh and Simran Bhullar, LexOrbis

Profit not necessary before trademark infringement

By Manisha Singh and Simran Bhullar, LexOrbis

Toys are marching towards autonomy and growth

By Manisha Singh and Neha Manoria, LexOrbis

Use or lose your trademark, your choice

By Manisha Singh and Simran Bhullar, LexOrbis

A feud brews over a coffee trademark claim

By Manisha Singh and Simran Bhullar, LexOrbis

Domain registrars and banks held accountable

By Manisha Singh and Simran Bhullar, LexOrbis

The epidemic of fake branded masks

By Manisha Singh and Simran Bhullar, LexOrbis

No copyright protection implied for film sequels

By Manisha Singh and Gautam Kumar, LexOrbis

Fighting piracy: A usual day at work for software giants

By Manisha Singh and Simran Bhullar, LexOrbis

Cybersecurity in India

By Manisha Singh and Varun Sharma, LexOrbis

Cybersecurity

Shedding light on emerging jurisprudence in cybersecurity and data protection in China, India, Indonesia and Taiwan

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Japan Taiwan Green Transition Strategies

Chasing zero

A closer look at how Japan and Taiwan are charting paths toward a low-carbon future

Taiwan Sustainability Laws Carbon Pricing

Legislation driving sustainability in Taiwan

By Eddie Chan, Helen Hai-Ning Huang and Jaeseon Han, Lee and Li
Japan storage battery opportunities

Storage battery opportunities amid Japan’s green transformation

By Masamichi Sakamoto and Kentaro Sawata, City-Yuwa Partners

Trade secrecy laws in Taiwan

By Tsung-Yuan Shen and Connie Guo, Lee and Li Taipei

Trade secret protection under TSA and IPCAA: Secrecy, value, confidentiality measures and Supreme Court guidance

MOST READ ON LAW.ASIA

Force Majeure Contract Drafting

Updating force majeure clauses for India-Japan contracts

By Krishna Vijay Singh and Muneeb Rashid Malik, Kochhar & Co

Trade secrecy laws in Taiwan

By Tsung-Yuan Shen and Connie Guo, Lee and Li Taipei

Trade secret protection under TSA and IPCAA: Secrecy, value, confidentiality measures and Supreme Court guidance

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Trends in biologic patent litigation

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Konektadong Pinoy Act: Expanding access, redefining competition

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Consent required for electronic share transfer in private companies

By Ayush Jain and Priankita Das, Bharucha & Partners
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