Written By: Disha Gupta Monsanto Technology LLC and Ors. v. Nuziveedu Seeds Ltd. and Ors[1] The Patents (Amendment) Act, 2002 brought microorganisms within the purview of the Patents Act, 1970, making microorganisms, which are genetically modified or fit the criteria of being novel, non-obvious and capable of industrial application, patentable as per Section 3(j) of...Read More
Written By: Yosha Dogra, Intern The Supreme Court in various decisions had held that the rights of the subsequent buyer who purchases from an original alottee were not equal to that of the original alottee. In HUDA v. Raje Ram and Wing Commander Arifur Rahman Khan & Anr. V. DLF Southern Homes Pvt. Ltd. held...Read More
Written by: Rishab Katiyar, Intern Introduction The frequency of copyright infringement claims in the various dimensions of the industry have been rising gradually ever since the dawn of fair dealing doctrine. It is an exception in the copyright law which is founded on the principle of disseminating creations. Fair dealing is the advanced/custom version of...Read More
Written By: Maitrey Singh, O. P. Jindal Global University Introduction The easy access to music that we have today is a product of technological developments that happened over time. While today we have online streaming services, earlier we had Music CDs and vinyl records. Mechanical reproduction of music was introduced with mechanical music boxes but...Read More
Written By: Gaurav Yashas Introduction Investor-State Arbitration (ISA) as we all know has been portrayed as an unfavourable outcome in “bilateral investment treaties” (BIT), and states have gone so far as to terminate their BITs in order to avoid such unfavourable outcomes of BITs. ISA refers to the process of resolution of disputes between foreign...Read More
Written By: Radhika Deekshay, Intern, Jindal Global Law School The Insolvency and Bankruptcy Code 2016 (further amended in 2019) provides for a speedy and efficient dispute mechanism for corporate insolvency resolution process. Under the IBC, different classes of people may initiate a corporate resolution insolvency process – one of whom are operational creditors. Who are Operational...Read More
Written By: Raxanda Bist, Intern, Army Institute of Law Introduction As per the World Intellectual Property Organization (WIPO), Intellectual Property refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. Some of the most commonly dealt Intellectual Property Rights (henceforth referred to as...Read More
Written By: Radhika Deekshay, Intern, Jindal Global Law School The Insolvency & Bankruptcy Code, 2016 (further amended in 2019) was introduced with the motive of concluding insolvency proceedings in a time-bound and efficient manner. The IBC allows multiple parties (i.e. corporate debtors, financial creditors, operational creditors) to initiate an insolvency resolution process on account of...Read More
Written By: Radhika Deekshay, Intern Using The Insolvency & Bankruptcy Board of India (IBBI) has notified new rules introducing pre-packaged insolvency process aimed at assisting MSMEs, where they are involved as Corporate Debtors in the Insolvency Process. The new Rules, namely, the “Insolvency & Bankruptcy Board of India (Pre-Packaged Insolvency Process) Regulations, 2021” come into...Read More
Written By & co-authored by: Jasneet Kaur (Partner) and Ananya Sharma (Associate) The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 were recently notified by the Ministry of Electronics and Information Technology. The Rules supersede the Information Technology (Intermediaries Guidelines) Rules, 2011 and aimed at content regulation on the digital and social...Read More
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