Articles

I DECLINE TO ANSWER

The principle of protection against compulsion of self-incrimination is a fundamental canon of the British system of criminal jurisprudence, which has been adopted by the US and incorporated as a fundamental right under the 5th Amendment

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NEWS AGGREGATION – ABRIDGEMNET, ABSTRACT OR INFRINGEMENT?

The coronavirus pandemic and the consequential lockdown, has made the internet an important source of news for most Indians. Resultantly, news aggregation services have become an even more popular startup business model. But what is a news aggregator?

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DO COMPANY POLICIES HAVE A CONTRACTUAL STATUS?

A step-by-step guide to determine whether your company’s policies are binding and have a contractual status.

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Consumer Protection Act of 2019 and CCPA - A Quick Survey

The new Consumer Protection Act of 2019 (hereafter CPA 2019) was passed by the Indian Parliament on August 2019 and came into effect (a few provisions) vide Govt. Notification on July 15, 2020. However, regardless of the other provisions coming into effect, the contents of the new law is definitely worth a glance.

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NECESSITY AND IMPORTANCE OF CONFIDENTIALITY CLUBS

Confidentiality clubs have become the new norm in litigation/legal proceedings across the world, be it in the field of tech-licenses, trade secrets, data protection, arbitration involving business agreements, etc...

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IP PROTECTION, MONITORING & COMPLIANCES REMAIN INDISPENSABLE

The pandemic has inevitably caused a major hiccup in the business sentiment worldwide. As far India is concerned, legal services, although being a major necessity has also seen a downside. However, there have been instances and benchmarks set out by veterans in the way they have traversed through these tough times. Lex Witness gets into a candid conversation with Sudeep Chatterjee, Partner, Singh & Singh Law Firm LLP to know his views on this.

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AFFORDABLE ACCESS TO COVID-19 DRUGS: ARE VOLUNTARY PATENT LICENCES HERE TO STAY?

Remdesivir is presently considered the most promising candidate for the treatment of COVID-19, and is the subject matter of three Indian patents granted in 2016, 2019 and early 2020 respectively. Through the licenses, the licensee companies will be provided transfer of technology and would be able to set their own prices for the drug.

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PERTINENCE OF PATENTS IN THWARTING THE PANDEMIC (COVID-19)

The horrific tale of novel corona virus (COVID-19) has become our new reality which has disrupted the lives of masses across the globe. In fact, the transmission rate of the COVID-19 virus is so glaring that the same has been declared as a pandemic by the World Health Organisation (WHO).

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TRADITIONAL KNOWLEDGE AND CONTEMPORARY TRENDS

Knowledge is wealth, and India possesses a treasure trove of traditional knowledge, which contributes to the rich cultural heritage of the country. India has 705 officially recognized ethnic groups[1] residing in different parts of the country.

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DANCE MOVES & COPYRIGHT

Copyright law gives the authors of literary works, dramatic works, composers of music, artists of an artistic work, producers of cinematographic film, and sound recordings the exclusive right over their original creations. Choreographic works are explicitly included under the definition of “dramatic work” under the Copyright Act, 1957.

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THE NEED FOR REGULATION OF CONTENT OF NEWS TELEVISION CHANNELS IN INDIA

A specific law with one exclusive regulatory body is the need of the hour to regulate the news broadcasting sector in order to reinstate the trust and confidence of the people in news television channels...

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PROTECTION OF TRADE SECRETS AS INTELLECTUAL PROPERTY IN INDIA: A CRITICAL ANALYSIS

Intellectual property is, legally, a form of property, i.e., something which can be owned and legally enforced. The globalisation and liberalisation of markets has intensified the significance of Intellectual Property Rights in all forms of transactions.

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ROYALTY RIGHTS AND OFF BEAM PRAXIS

The Copyright Act, 1957 aims to encourage talent and make copyrightable works available to the public at large by striking a balance between the interests of all the stakeholders involved therein

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Propinquity of Intellectual Property and Trade Laws

world economy has faced the most profound transformation in the last two decades which has led to an increase in the world’s commercial flow

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Implementation of 5G Network in India and its Regulatory Challenges

Hi-Speed mobile networks have revolutionized the telecommunication sector. Mobile networks have evolved over the years. It began as early as the mid-40s to the late-70s with 0G, which is referred to as the mobile radio telephone.

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Non-Traditional Trade Marks: Relevance & Acceptance in India

The trademark owners have been adopting various forms of marks to distinguish their trade from others. The everlasting zeal to be different and achieve recognition have led to the development of non-traditional

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Law Firm Management to IPR Criticalness - Excerpts from Lex Witness' conversation with Sudeep Chatterjee, Partner, Singh & Singh Law Firm LLP

A law firm becomes successful due to a culmination of various traits. Some of the important aspects of a successful law firm

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Protecting our Jugaad: Implementation of a Utility Model regime in India

In the Year of 2017 a famous colloquial Hindi word, "Jugaad" found its way into the Oxford Dictionary. The official definition...

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ADR's Latent Ability to Resolve Intellectual Property Disputes

The method of resolving disputes through Alternative Dispute Resolution (ADR), is deep rooted in the Indian Culture and instances of the same can be traced back to the days of Ramayana and Mahabharata. In Mahabharata

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Transformative Metamorphosis Under Copyright Law

A lot of people take inspiration from other’s copyrighted work to create something new, whether it is a movie, song, or painting. No matter whether the inspired work is adaptive work...

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Players Involved in Cybercrime & Role of intermediaries

Technological advancement and easy accessibility of Internet has made the burgeoning cyberspace vulnerable and the repercussions associated with it can be Withessed in the recent times.

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Can Hashtags be Registered as Trademark?

Today, social media plateforms have emerged as one of the most powerful marketing channels for brand owners, and hashtags have become a populer and effective marketing tool.

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AUTHOR'S MORAL RIGHTS AND OWNER'S COPYRIGHT: THE INCONGRUOUS INTERPLAY

The aim of all artistic, Literary and musical work is to represent its internal significance...

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Is Geographical Indication Sufficient to Aid the Indian Economy?

Geographical Indication (GI) is a type of Intellectual Property, which aims at identifing a product with its uniqueness specific to a region or a method of traditional production.

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Artificial Intelligence & Copyright

Artificial Intelligence(AI) is not a new concept and has been studied for decades and even today, its remains one of the most obscure subjects in Computer Science.

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COPYRIGHTS, COVER VERSIONS AND THE MUDDLE.

Knowledge flourishes only if shared.However, writing anything in this era where censure is celebrated more than skepticism, always poses great risk for an another.

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INTERNET OF THINGS IN INDIA – INNOVATION AND PROTECTION

With the advent of software patent litigation in India, it is high time for the courts to bring out a clear test of patentability to CRI....

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AMENDMENTS MADE TO IPR (IMPORTED GOODS) ENFORCEMENT RULES

Brief note on the Amendment of Notification Nos. 47/2007 – Customs NT and 51/2010 - Customs Nt by the department of revenue, Ministry of Finance, Government of India.

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Time to tackle piracy through dispute resolution

Copyright owners face an array of challenges in protecting and enforcing their rights online, including on social media, and it’s time for a new dispute-resolution policy that is administered internationally.

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OTT Services - Should They Be Regulated or Not?

Over the past decade, the telecom industry has witnessed massive changes in respect to infrastructure, customer growth and most importantly the growth of mobile broadband.

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A Story of David And Goliath - Toyota Jidosha Kabushiki Kaisha V. M/S Prius Auto Industries Ltd. & Ors.

A Bench comprising of Hon’ble Mr. Justice Gogoi and Hon’ble Mr. Justice Navin Sinha on December 21, 2017 delivered their Judgement in the case of‘Toyota Jidosha Kabushiki Kaisha v. Prius Auto Industries Ltd. &Ors.’.

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FRAND or foe

The recent tussles between standard-essential patent (SEP) holders and implementers have garbbed the limelight in the arena of patent litigation.

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VARIETY IS THE SPICE OF LIFE

Bitika Sharma looks at the interplay between plant variety and patent protection in India, and considers the situation in the US, Canada and Europe .

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The evolving Indian trademark environment (sponsored discussion)

Sudeep Chatterjee and Jaya Mandelia talk about some of the most important court cases and legal developments in India, as well as some best practices for enforcement.

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