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Tag Archives: international
ISR & IPER are essential inputs in examination of patents: MHC
In an attempt to cut short the delays in the grant of patents, the Madras High Court has held that Patent Cooperation Treaty (“PCT”) search reports shall be treated as an essential input in the examination of the pending national … Continue reading
Posted in Intellectual Property Law, International Law, patent, patent law, plant varieties Act, trademark, traditional knowledge, TRIPS
Tagged 1970, 2014, 2015, 2016, 33(1), Act, advocate, agreement, amendment, anand, appeal, appellate, article, authority, code, complaint, cooperation, court, criminal, delay, delhi, dhingra, dsl, dslegal, dslegal.com, examination, examiner, firm, foreign, government, high court, hindustan, india, information, intellectual, international, iper, isr, law, madras, national, patent, patentability, PCT, phase, pratibha, preliminary, procedure, property, report, rules, search, section12, singh, trademark, treaty, USA, vijayvergiya
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Death sentence cannot be carried out in an arbitrary manner: SC
The Supreme Court of India clarified that the execution of death sentence cannot be carried out in an arbitrary manner without following the due process of law. “Condemned prisoners also have a right to dignity and execution of death sentence … Continue reading
Posted in Administrative Law, Constitution Law, Criminal Law, Evidence Law, International Law
Tagged 2013, 2014, 2015, 30, accident, Act, advocate, ajmal, amendment, appeal, appellate, arbitrary, article21, authority, bench, capital, code, competition commission, complaint, constitution, court, criminal, crpc, days, death, dhingra, execution, gandhi, governor, hindustan, india, indira, international, justice, kasab, mercy, natural, notice, president, principle, procedure, review, sentence, singh, supreme, warranty
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Indian courts have no jurisdiction if excluded in agreement: SC
The Supreme Court of India recently held that if an arbitration clause excluded the jurisdiction of Indian courts in an arbitration to be held outside India, either in an implied or expressed manner, Indian courts shall have no jurisdiction. The Court said “But … Continue reading
Posted in Arbitration Conciliation Law, Contract Law, International Law, WTO/GATT
Tagged 1996, 2013, 2014, Act, advocate, agreement, appeal, arbitration, arbitrator, article, bhatia, bill, code, conciliation, court, criminal, delhi, dhingra, exclusion, firm, government, high court, hindustan, india, international, jurisdiction, law, penalty, rules, singh, supreme, USA
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Permission required for PCT Applications filed by residents in India: DHC
The Delhi High Court held that an international application (PCT Application) filed by an Indian resident with Indian Patent Office is not an application made in India unless appropriate permission under the Patents Act is granted to Indian resident by … Continue reading
Posted in Intellectual Property Law, International Law
Tagged Act, advocate, agreement, amendment, appeal, application, article, bill, code, cooperation, copyright, international, patent, PCT, secrecy, section39, singh, supreme, trademark, treaty
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Power of patent revocation discretionary u/S 64(1): DHC
The Delhi High Court recently ruled that the power of the Controller of Patents to revoke a patent under Section 64(1) of the Indian Patents Act, 1970 (“Act”) is discretionary and such revocation is not automatic. The Court said, “….. … Continue reading
Posted in Intellectual Property Law, International Law
Tagged 64(1)(m), Act, advocate, agreement, amendment, appeal, appellate, application, article, bench, board, code, cooperation, copyright, court, cup, dhingra, discretionary, international, mandatory, patent, PCT, revocation, revoke, section, singh, supreme, trademark, treaty, trips
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US SC lays framework on party’s standing to sue for false advertisement under Lanham Act
The United States Supreme Court clarified that the appropriate analytical framework for determining a party’s standing to maintain an action for false advertising under the Lanham Act extends to those who fall within the ‘zone of interests’ protected by that … Continue reading
Posted in Intellectual Property Law, International Law
Tagged 1125(a), 2013, 2014, Act, advertisement, advocate, appeal, article, cartridge, certiorari, complaint, component, control, court, delhi, dhingra, false, firm, foreign, goods, government, high court, india, information, injury, intellectual, interest, international, lanham, laser, law, lexmark, plaintiff, prebate, printer, procedure, program, property, proximate, prudential, reputation, rules, services, singh, standing, static, supreme, toner, trademark, USA, zone
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India embodies international exhaustion under Trademarks Act: DHC
In an important judgement, Delhi High Court ruled that Trade Marks Act, 1999 embodies the principle of international exhaustion and not domestic exhaustion of rights in cases of parallel imports. The grievance of the respondents (Samsung Electronics Company Ltd. & … Continue reading
Posted in Intellectual Property Law
Tagged 2012, Act, advocate, article, complaint, court, criminal, delhi, dhingra, domestic, exhaustion, firm, high court, hindustan, india, intellectual, international, law, procedure, rules, samsung, singh, trademark
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Vodafone Serves Notice Against Indian Government Under International Bilateral Investment Treaty
Vodafone has today served the Indian government with a Notice of Dispute (“Notice”) regarding proposals in the Indian Finance Bill 2012 that violate the international legal protections granted to Vodafone and other international investors in India. The Notice, served by … Continue reading
Posted in Income Tax Law, Notifications/Publications/Circulars, Telecommunications Law
Tagged 2012, Act, advocate, agreement, arbitration, article, bill, bit, court, delhi, dhingra, dutch, FIIs, finance, firm, foreign, hindustan, holland, income, india, international, investment, investor, law, legitimate, netherland, notice, retrospective, revenue, singh, supreme, treaty, tribunal, vodafone
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