S.S. Rana & Co. presents the Annual Bulletin 2019!!!
As we bid adieu to 2019, we present our annual compendium, comprising of legal news and views which made a mark this year.
Prime Minister Narendra Modi was once again the top newsmaker in India while securing a landslide victory in 2019 Indian General Election. After a year round of debates and hullabaloo, the practice of triple talaq in India was declared as unconstitutional from August 01, 2019. In one of the most important development in the political and Constitutional timeline of India, Article 370 of the Constitution which gave a special status to the State of Jammu and Kashmir was abrogated. This development created a lot of political conundrum and civil unrest in the nation and was subsequently followed by the long awaited verdict of the Supreme Court in the Ayodhya Ramjanam bhoomi case, wherein the Apex Court granted the entire disputed land to the Deity Ram and directed the Centre and State of Uttar Pradesh to grant alternative land to Muslims to build a Mosque.
The uncovering of economic developments witnessed this year, reveals that India’s position in Ease of Doing Business 2020 Report jumped by 14 paces and India has been consistently recognized as an emerging superpower by several global platforms. The Report recognizes India’s judicial quality as a significant determinant of higher firm performance, for both exports and domestic sales. It further suggests that a 10% increase in judicial quality increases firm sales by 1–2%. The Report applauds India’s effort in removing procedural impediments while commencing a business like abolishing of fees for the SPICe company incorporation form, electronic forms of MoA and AoA, enabling of post clearance audits and enhancing electronic submission of documents for trade across borders.
The year 2019 has also been epoch-making when talking about Intellectual Property (IP) developments in India. The Annual Report of 2017-18 indicated increase in trademark registrations, copyright filing and examination and patent filings by Indian and foreign applicants. Apart from this, the digitization of the copyright office and computerization of copyright registration process was also in news.
The enactment of Patent Amendment Rules, 2019 which came into force in September this year is also a crucial update when talking about IP developments in India. The Amendment Rules deserve special mention as they introduced substantial modifications in terms of provision for expedited examination of patent application for start-ups and female applicants in India.
The year end was marked bycabinet’s approval for Patent Prosecution Highway (PPH) on November 20, 2019, followed by issuance of Procedure Guidelines for Patent Prosecution Highway on November 28. India’s PPH programme has initially commenced between the Japan patent Office (hereinafter referred to as ‘JPO’) and IPO for an initial period of three years. The e-filing of Form under the Guidelines for requesting information for PPH from the IPO commenced on December 05 and it is estimated that more than 100 applications have already been filed under the Guidelines and in some cases even confirmation have been received from the IPO for expedited examination of such applications.
Meanwhile,the year 2019, has also been memorable and monumental for S.S. Rana & Co., as the firm completed 30 glorious years of hard work and commitment since 1989, and was also successful in retaining the ISO certifications, namely, the with ISO 27001:2013 certification (Global Standard for information security management system) and ISO 9001:2015 certification (Global standard for quality management principles) which reinforces the Firm’s commitment towards instilling best practices aimed at improving its business performance and providing proactive and high-quality legal services to it’s clients.
However, the best bit of the year was that the Firm’s Managing Partner, Vikrant Rana was listed amongst India’s Top 100 Lawyers by India Business Law Journal. Mr. Vikrant Rana was also ranked in Band 2 for IP litigation by Chambers & Partners Asia Pacific 2020 and was also awarded with ‘IP Gems of India 2019’ at the Questel IP executive Summit.
The Founding Partners of the Firm, Mrs. Bindra Rana and Mr. Sohan Singh Rana were inducted in the Global Hall of Fame by World Auto Forum for their contribution towards the legal ecosystem at India and the world. Mrs. Bindra Rana was also bestowed with the Lifetime Achievement Award by ASSOCHAM (International Conference for Menstural Hygiene management & gender equality awards 2019).
The Firm was presented with the ICCA Excellence Award 2019 and was also with the Best Corporate Award for Women Empowerment 2019 by ASSOCHAM (International Conference for Menstural Hygiene management & gender equality awards 2019).
Catch a glimpse of our celebrations on completing 30 years!!!
Coffee with HR!!
Cofee is Kafi Fun!!!
The idea behind this is something more than the drafts made, it’s a coffee break.
Employee Engagement is one of the core strengths of S.S. Rana & Co. the firm believes in creating wow experience for employee as well so that an employee strives for impeccable outcomes. Thus, in a quest of building employee centric brand, the firm has a round of Coffee once every month with its employees and conducts fun engaging activities! The moments shared are not fugacious and we make sure that every moment spent together are counted and worthy
Leadership Connect
In a pursuit of building to strive for impeccable outcome driven culture. The Firm wants to ensure that the values that drive in the New Joiners is in the line with the Management’s thought process and give them a chance to lead a conversation.
Every month a ‘Leadership Connect’ is organized which is an enriching interaction with the leadership (Mr. Vikrant Rana). This is an opportunity to gauge your employee understanding and to connect with the Firm’s strategies and program.
Constitution Day with S.S. Rana & Co.
On the propitious occasion of Constitution Day, we ensured to create some mesmerizing moments by indulging in some exhilarating activities. The celebration was a glimpse of the legacy of defined by the Indian Constitution. This time the legal minds were put under immense pressure to translate the constitution into pure Hindi. Freedom in mind, faith in words! A special mention to all the participants for their enthusiastic participation.
Sparking the Idea of Innovation: Vigyan Srijnotsav 2019
On the cold winter mornings of December 4-6, 2019 all the budding minds in New Delhi flocked to the National Science Centre (NSC), Pragati Maidan, New Delhi for the Vigyan Srijnotsav, 2019. It aimed to foster a passion and aptitude for science and technology and provide a unique platform to avant-garde and creative Innovators. There were around forty-five stalls at the fair showcasing their fantastic innovations. The festival was a celebration of science and innovation with first-hand information from the creators themselves. It was about participation, not competition. This was a place to meet and interact with likeminded innovators from different walks of life.
S.S.Rana & Co. marked its presence, for the fifth time, at the festival,through its CSR Initiative, IP4KIDS, a sensitization program to spread awareness about Intellectual Property Rights among the younger generation. The idea was to ignite a spark in the young minds about Intellectual Property Rights, so that they learn how to protect their inventions, creativity and be incentivized for their contribution to the human race. The initiative aims to stimulate in the young minds of children a culture of innovation, and to inculcate in them a respect for the fruits of one’s labor, as we firmly believe that when one creates IP, he respects IP, as he expects others to respect his IP as well. Building respect for IP means helping create an environment in which IP can fulfill its role to stimulate innovation and creation. It also means fostering an environment in which the system of protection provides equitable benefits for both innovators and users of IP.
With a team of volunteers, the IP4Kids welcomed the curious minds to educate them and give a perception about Intellectual Property. With a number of engaging activities like IP Quiz, Logo Quiz, Idea Contest, One on One interaction, the event gave an opportunity to the younger generation to openly discuss and know about Intellectual Property Law. There were also mini parallel events organized by the National Science Centre such as innovation workshops, Make it at Science Centre, On the spot Design, Family Science Quiz, etc.
The turnout was better than last year and feedback showed that all, especially the kids enjoyed the interactive session with the IP4KIDS team. The volunteers from the Firm also delivered a a presentation on ‘Importance of Intellectual Property’ during a special session titled ‘Safeguarding Ideas’ organized by NSC. The session was very interactive as the participants were very inquisitive about the Intellectual Property Rights.
Overall the response was positive. The fruitful event concluded with the Firm being awarded a memento for participating in the fest and spreading awareness about Intellectual Property Rights among the younger generation.
Run with us – Airtel Delhi Half Marathon 2019
When the feet does the talking!!!
And the Marathon tradition continues. S.S. Rana & Co. successfully participated in yet another airtel Delhi Half Marathon held on October 20, 2019 in New Delhi. There were a total of 52 members who participated in the run, 33 for 5 km and 19 for 21 km. Out of the total participants ‘Keshav Raj’ was the fastest, he completed 21 Kms in 1 Hr 57 Min. The Firm’s record time of 1 Hr 47 Min made in 2017 still remained unbeaten.
73rd Indian Independence Day with S.S. Rana & Co
73rd Indian Independence Day with S.S. Rana & Co
Like every year S.S. Rana & Co. celebrated Independence Day with full zeal and patriotism this time. The office was decorated with tricolor balloons, flags and ribbons represented the true patriotic feeling and love for the nation among all the employees.
A quiz contest “Guessing the Freedom fighters name” was conducted in which images of freedom fighters were shown and participants from office had to guess the right name. Along with that, a “Kite flying” competition was also conducted. Best Dressed Male and Best Dressed Female tags were also given to people who showed patriotism with the spirit of unity in diversity through their dressing. The legal eagles of SSRANA & Co. shone bright in their regional traditional attire and wished all a Happy Independence Day in their respective regional languages.
It was an absolute fun seeing everyone enjoying and participating in all these activities with full spirit of Colorful and Multicultural India. The celebration was followed by a snack party.
2019 Corporate Round Up!!
Supreme Court: Mere reference to 1940 Arbitration Act will not render the entire Arbitration Agreement invalid
10/04/2019
In this case of Purrushottam s/o Tulsiram Badwaik v. Anil,the disputed clause of the partnership deed was “That in case of any dispute between the partners as regards interpretation of this Deed or any other matter connected with the partnership business, the same shall be referred to for arbitration in accordance with the provisions of Indian Arbitration Act, 1940,and the decision of the Arbitrator shall be final and binding on all the partners.”
While the Appellant argued that the reference to the 1940 Act in the partnership deed has to be necessarily referred to the Arbitration process, as prevalent on the date of signing of the Agreement and that the same would not defeat the intention of the parties to go for arbitration as a dispute resolution mechanism, the Respondents contended that issue whether relationship between the parties would be governed by the 1940 Act or the 1996 Act was so fundamental, that any mistakes in that behalf would invalidate the entire arbitration clause and as such there could not be any reference to arbitration at all.
Court’s Holding- The Supreme Court eventually in view of precedents ruled in favour of the Appellant and observed that the date of commencement of the arbitral proceedings was crucial and if such commencement was after 1996 Act had come into force, the provisions of the 1996 Act would govern the situation.
The Court opined that the correct approach would be in promoting the object of implementing the scheme of alternate dispute resolution and that any reference to 1940 Act, in the arbitration agreement would be of no consequence and the matter would be referred to arbitration only in terms of 1996 Act consistent with the basic intent of the parties to refer the disputes to arbitration.
Read Full Story Click here to learn more.
India: Supreme Court settles the Law with regard to ‘seat vs venue’ of Arbitration
09/04/2019
The Hon’ble Supreme Court in the case of Union of India v Hardy Exploration and Production, held that the contractual clause between the parties to the contract stipulating Kuala Lumpur as the ‘venue’ of arbitration did not amount to a choice of juridical seat between the parties. The decision rendered by the three judge bench of the Apex Court tends to provide clarity on the ‘venue vs seat’ conundrum in arbitration cases.
In the case as per the Product sharing contract (PSC), the venue of arbitration was provided as Kuala Lumpur, unless otherwise agreed between the parties. The Arbitral Tribunal while rendering its award in favor of the Defendant signed and delivered the Award in Kuala Lumpur. This award of the tribunal was challenged by the Union of India.
The case eventually reached the Supreme Court which was confronted with the intrinsic issue that when the arbitration agreement between the parties provided for the venue for holding the arbitration sittings by the arbitrators but does not specify the “seat”, then on what principles, the Court (Delhi High Court) had to decide the seat of the arbitral proceedings.
The Supreme Court bench while referring to the precedents in the case and Article 20 and 31(3) of the UNCITRAL Model Law was of the view that in the case in hand there was no determination with respect to the seat of arbitration. The Court observed that when only the term ‘place’ was mention in the agreement between the parties then, the place of the arbitration would be equivalent to ‘seat’ of arbitration. But, if a condition precedent had been attached to the term ‘place’ in the agreement, then the said condition had to be satisfied to consider ‘place’ as ‘seat’ of arbitration.
Read Full Story Click here to learn more.
India: Dissenting Opinion of Two High Courts on Online Sale of Medicines
18/04/2019
It is strange and rather unusual to see that online pharmacies are in a state of confusion due to different views taken by the Delhi High Court and Madras High Court over sales of medicines on online platform. It is seen that with two conflicting orders by two different High courts, the online medical retailers are going to differ in their approach unless a final order along with the rules governing it is passed.
It can be rummaged by the entire scenario that the e-retailers of the medicines and e-pharmacists are in the awe of serious scepticism after two contrasting views have been taken by two different courts of India.
Read Full Story Click here to learn more.
Also read Delhi Imposes Ban on Online Sale of Medicines
India: Government of Haryana Grants Exemption from Periodic Renewals under Shops and Commercial Establishment Act
17/04/2019
The Punjab Shop and Commercial Establishments Act, 1958 is a state enactment which provides for the regulation of conditions of work and employment in shops and commercial establishments. The Act provides safety, health and welfare provisions that the employer in such establishment is required to implement. The owner or the authorized person of the establishments covered under the Act is required to register under the Act.
Read Full Story Click here to learn more.
India: Overview of the Drugs and Cosmetics (Tenth Amendment) Rules, 2018
15/02/2019
Drugs and Cosmetics Act, 1940 and Rules were passed with the aim to ensure that only qualified personnel are engaged in manufacturing, importing, distribution and sale of drugs and cosmetics, confirming safe and effective drugs and cosmetics are being sold. It also prevents entry of substandard drugs and cosmetics in the Indian market. The Act and the Rules have been amended several times since coming into force to meet the need of the hour.
Read Full Story Click here to learn more.
Registration of the GST, ESI, EPF under Companies (Incorporation) Third Amendment Rules, 2019
29/05/2019
According to the notification the rules are applicable from the date of its publication in official gazette i.e. 29th March, 2019.MCA is continuously making registration procedure simple, fast & centralized. Currently, the form SPICE is required to be filed for incorporation of a company with MCA. A new linked e-Form AGILE has been introduced by MCA with effect from 29th march 2019, through which an applicant registering company can apply for GST Registration, ESI Registration and EPF Registration along with the company registration in Spice Form.
Read Full Story Click here to learn more.
India: E-reporting of air pollution incidents
11/06/2019
The alarmingly high rates of pollution have raised great concerns for the Government. The dipping air quality index specifically during the festive season is indicative of the worsening of the environment and the dangers of the prospective increase of pollutants therein. In view of the deplorable conditions of environment, the Central Pollution Control Board has informed the Supreme Court that it has created social media account on Twitter ( https://twitter.com/CPCB_OFFICIAL ) and Facebook ( https://www.facebook.com/Central-Pollution-Control-Board-315289479059625/ ) to facilitate citizens in lodging complaints pertaining to air pollution incidents in Delhi-National Capital Region. Apart from the social media accounts, complaints can be lodged through Sameer mobile App.
Read Full Story Click here to learn more.
India: Amended Companies Law for better management
10/06/2019
The Government promulgated the Companies Amendment (Ordinance), 2018 (hereinafter referred to as the “Ordinance”) on November 2, 2018 after receiving the assent from the President of India.The said ordinance has been brought into effect with the twin objectives of promotion of ease of doing business within the country along with better corporate compliance. Some of the aspects aimed at being covered under the said ordinance are;
Read Full Story Click here to learn more
India: Determining Customer’s Liability in Unauthorized Electronic Payment Transactions
07/06/2019
The Reserve Bank of India vide notification dated January 04, 2019, reformed the area of unauthorized electronic transactions in prepaid payment instruments (hereinafter referred to as ‘PPIs’) by defining customer liability and bringing all the customers to the same level with regard to electronic transactions made by them via any non-bank. PPIs are the methods such as internet account, wallets, mobile wallets, smart cards, etc., wherein goods and services can be purchased against the value pre-stored in such instruments. PPI mechanism was explained in detail in our earlier article.
Read Full Story Click here to learn more.
RERA does not bar Homebuyers complaint under Consumer Protection act against builder
01/06/2019
In a judgement dated April 17, 2019 “Ajay Nagpal Vs. Today Homes & Infrastructure Pvt Ltd.” the National Consumer Disputes Redressal Commission (hereinafter referred to as “NCDRC”) has held that RERA Act does not bar filing of a complaint under the Consumer Protection Act 1986 against a builder/developer.
The bench headed by Justice R K Agrawal was dealing with a batch of complaints filed by homebuyers for compensation from “Today Homes & Infrastructure Pvt Ltd” for not delivering possession of flats as stipulated in the builder-buyer agreement.
Read Full Story Click here to learn more.
India: SC restricts plying of old vehicles
The Apex Court has prohibited the plying of 15-year old petrol and 10-year old diesel vehicles in the National Capital Region. It was also directed that the list of such vehicles be published on the web site of Central Pollution Control Board and transport department. The said order has been passed taking into consideration the “very critical” and “horrible” levels of pollution in the region.
The Court permitted the Environment Pollution Control Authority to take pre-emptive steps under the Graded Response Action Plan without strict adherence to pollution stages delineated in the plan. Taking into account the number of vehicles and the travel duration made therefrom reveals the cause of the alarmingly high chocking levels of pollution in the region. Attributable to the unfit nature of the old vehicles, they tend to consume more fuel and contribute more towards the destruction of the surrounding ecosystem.
Read Full Story Click here to learn more.
Amendment to Companies Act for CSR
02/08/2019
The Companies (Corporate Social Responsibility) Rules, 2014 were enforced on February 27, 2014 in order to ensure proper monitoring and regulation of the corporate social responsibility activities undertaken by the companies.
This will enable the Government to ensure better utilization of the unused corporate social responsibility fund for public welfare.
Read Full Story Click here to learn more.
Supreme Court issues notices against illegal sand mining
02/08/2019
The Supreme Court of India vide its order dated July 24, 2019 issued notice to the Centre, the Central Bureau of Investigation (CBI) as well as the States of Tamil Nadu, Punjab, Madhya Pradesh, Maharashtra and Andhra Pradesh to respond to the petition claiming alleging illegal mining within their territories.
Brief facts
A writ petition was filed against the rampant mining incidents for major and minor minerals being reported across the river basins in the States listed above. The petition emphasized the importance of sand as an important mineral of the society which is protects the environment in the below stated manner:
- Acting as a buffer against strong tidal waves and storm;
- Serving as a habitat for crustacean species and marine organisms;
- Used for making concrete, filling roads, building sites, brickmaking, making glass, sandpapers, reclamations;
- Encouraging tourism industry by offering beach attractions.
The Supreme Court vide issuance of its order dated July 24, 2019 seeks responses from the Centre, the Central Bureau of Investigation and the 5 States mentioned above in order to ascertain the allegations of environmental degradation made attributable to them.
Read Full Story Click here to learn more.
Arbitration and Conciliation Amendment Bill, 2019
07/09/2019
The amendments to the Arbitration and Conciliation Act, 1996 were passed by both the Houses of the Parliament and became a law on August 09, 2019 after the President of India gave its assent to the amendments. The amendments shall be known as Arbitration and Conciliation (Act), 2019 and will be treated as additional to the Arbitration and Conciliation Act (Amendments), 2018.
Impact of Recent Changes in Income Tax Laws (Effective Since September 1, 2019)
05/09/2019
The General Elections delayed the presentation of the Union Budget for Financial Year 2019-20. The Finance Minister Ms. Nirmala Sitharaman presented her first Budget in July, 2019 and the changes arising in furtherance of the Budget have come into effect since September 1, 2019. This article discusses some of the key changes in the Income Tax laws.
Read Full Story Click here to learn more.
CCI Introduces “Green Channel” Clearance for Mergers & Acquisitions(M&A)
10/10/2019
The Competition Commission of India (‘CCI’) is the concerned organization patronizing and fostering the importance of competition in the markets, safeguarding the interests of consumers and ensures that freedom of trade is carried on by the participants.
One of the key functions of the CCI is to control the mergers and acquisitions, above a specified financial threshold (combinations). Ever since the CCI was setup, it has cleared 666 combinations.
Read Full Story Click here to learn more
India: Homebuyers get financial creditors status
30/10/2019
The Supreme Court recently in the case of Pioneer Urban Land and Infrastructure Limited vs. Union of India upheld an amendment made to the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as ‘IBC’). This provides the homebuyers with the right to take legal action against the developers.
Read Full Story Click here to learn more.
Advertising Game on Social Media? Do’s and Don’ts
07/12/2019
The gaming sector has been gaining rapid popularity in this cyber age. Video games and games on hand held devices are emerging as a source of playing games like never before. This has resulted in expansion of the horizons of gaming industry, whereby start-ups and budding entrepreneurs are developing new games to attract gamers around the world.
Read Full Story Click here to learn more
2019 IP Law Round Up!!!
Geographical Indications
India: Tamil Nadu earns two more GI tags- Dindigul Locks and Kandangi sarees
25/09/2019
The Geographical Indications Registry (herein after referred to as ‘GIR’) in Chennai has recently granted Geographical Indication (hereinafter referred to as ‘GI’) tag to Tamil Nadu’s Dindigul locks and Kandangi Sarees, this takes the total number of such indigenous products in Tamil Nadu that have been granted GI tag to 31.
Read Full Story Click here to learn more
India: Irish Whiskey gets GI Tag
10/09/2019
The Irish Whiskey Association (hereinafter referred to as ‘IWA’) was granted a Geographical Indication (hereinafter referred to as ‘GI’) tag for Irish Whiskey sold in India. The protection signifies that only spirits that are produced in Ireland will now be able to use the label “Irish whiskey”.
Read Full Story Click here to learn more
India: Protection of Geographical Indications
GI registration benefits in India
To know more about GI
India: Draft amendment to the Geographical Indications of Goods (Registration & Protection) Rules, 2002
27/09/2019
The Ministry of Commerce and Industry on September 16, 2019 has released the Draft amendment to the Geographical Indications of Goods (Registration & Protection) Rules, 2002 (hereinafter referred to as the ‘draft amendment rules’). The amendment proposes to further strengthen the Intellectual Property Ecosystem by reducing the fees to be paid for the GI registration process and easing the procedure for registration of an authorized user of the registered geographical indication.
Read Full Story Click here to learn more.
Copyright
Artistic Work Under Copyright Law: Roderick John Andrew Mackenzie v. Himalayan Heli Services Pvt. Ltd
22/03/2019
In the present case, the Delhi High Court noted that Roderick John Andrew Mackenzie (hereinafter referred to as “the Plaintiff”) had merely contributed to an aspect of the artistic work whereas the copyright in a work would exist only for the composite mark. Accordingly, the Court observed that none of the parties had copyright in the artistic work.
Read Full Story Click here to learn more.
India: Delhi High Court on the Copyright on Photographs uploaded on Facebook
30/05/2019
In the case of Fairmount Hotels Pvt. Ltd. vs.Bhupender Singh , the Hon’ble Delhi High Court has recognized copyright on photos uploaded on Facebook. The Hon’ble Court while adjudicating the dispute over copyright on the photographs of the Plaintiff’s hotel, decided in favor of the Plaintiff as the Defendant did not raise any objection against the contended rights of the Plaintiff over the photographs.
Read Full Story Click here to learn more.
The Copyright Law in India enumerates certain set of acts which constitutes fair dealing/ fair use of the copyrighted works, as mentioned under Section 52 of the Copyright Act 1957 (hereinafter “the Act”). Various situations mentioned under Section 52 of the Act, include use of work in educational institutions, residential buildings for its residents, in clubs and similar organizations for non-commercial audiences etc. However, one such circumstance which even though clearly mentioned but was open to confusion is sub-clause (za) which states:
(za) the performance of a literary, dramatic or musical work or the communication to the public of such work or of a sound recording in the course of any bona fide religious ceremony or an official ceremony held by the Central Government or the State Government or any local authority.
Explanation.— For the purpose of this clause, religious ceremony including a marriage procession and other social festivities associated with a marriage;]
The explanation clearly mentions that marriage procession and other social festivities associated with marriage is included in the definition of religious ceremony under sub-clause (za). However, the obscurity over the claim persists with the incessant use of multiple copyrighted works in a ceremony without payment of any royalty for the use. In order to address this issue, various representations by the stakeholders seeking clarification on whether use of sound recordings in course of marriage and related functions, will require license from the respective copyright societies, was made to the Ministry of Commerce and Industry (Government of India) and Copyright Office.
In light of the above, a Public Notice, dated August 27, 2019 has been issued by Copyright Office, providing a clarification as under:
“In view of the provision contained in Section 52(1) (za) of the Act, read with the explanation thereto, it is evident that the utilization of any sound recording in the course of religious ceremony including a marriage procession and other social festivities associated with a marriage does not amount to infringement of copyrights and hence no license is required to be obtained for the said purpose.”
Hence, the Government has now clarified that use of sound recording for marriage and related functions, is a non-infringing activity under Section 52 of the Act and therefore, there is no requirement for obtaining license from Copyright Owner or the Copyright Society. The public notice brings a clarity and tries to remove any confusion that existed with reference to the said provision.
However, this clarification gives rise to another issue i.e., Whether the utilization of sound recording in course of any marriage or related functions, organized in a hotel or commercial premises, will require to obtain a license? In order to understand the intention behind this question, reference to Section 52(k) is made, which states:
(k) the causing of a recording to be heard in public by utilising it,—
(i) in an enclosed room or hall meant for the common use of residents in any residential premises (not being a hotel or similar commercial establishment) as part of the amenities provided exclusively or mainly for residents therein; or
(ii) as part of the activities of a club or similar organisation which is not established or conducted for profit;
Thus, in view of the aforesaid provision under clause (k), the recording to be heard in public must be done in an enclosed room or hall for common use of resident, or as part of activities of club or similar organizations, provided that it is not a hotel or commercial establishment or organization established/ conducted for profit. Therefore, the above provision excludes hotels and other commercial establishments like banquet halls wherein ceremonies like marriage and other gatherings are run for profit, from the ambit of fair act of recording being heard in public. Hence, in light of the provision under the present public notice clarifying that the no license is required for use of sound recording for marriage and related functions, still does not address the contentious issue entirely. Even though the public notice clearly mentions that in marriage and related functions, the use of sound recording is protected under Section 52, then whether such protection will also extend to such use for the marriage and related function being organized in a hotel or any related commercial establishment is still uncertain.
An opinion in this regard may be concluded that where there is an express exclusion of hotels and commercial establishments from the use of recording to be heard in public, then such restriction may also extend to marriage and related ceremonies. Since the public notice does not render a clarification about the premises where such recordings will be accepted as fair act, playing of sound recordings in marriage and related functions in hotels and commercial establishments may be a cause of concern for the copyright holders.
India: Enforceability of Foreign Country Registered / Unregistered Copyright
31/05/2019
The term ‘foreign work’ is not defined under the Copyright Act, 1957, (hereinafter referred to as the ‘Act’). However, to determine “foreign work”, it can be reasoned that any work which does not qualify as “Indian Work” under Section 2 (l) of the Act is classified as “foreign work”.
Read Full Story Click here to learn more.
Trademark
India: Supreme Court of India says that ‘monopoly’ cannot be enjoyed over entire class of goods
09/04/2019
The Hon’ble Supreme Court of India in the case of M/S. Nandhini Deluxe vs. Karnataka Co-Operative Milk Producers Federation Ltd held ‘that the proprietor of a trade mark cannot enjoy monopoly over the entire class of goods particularly when he is not using the said trade mark in respect of certain goods falling under the same class’.
Read Full Story Click here to learn more.
India: E-Commerce platforms are prohibited to sell Amway, Modicare and Oriflame products in violation of the Direct Selling Guidelines – Delhi High Court
16/07/2019
The war between Direct Selling Companies and E-Commerce entities started in the year 2018 when Amway India Enterprises Pvt. Ltd., filed a series of suits against E-commerce websites such as 1MG.com, Heathkart.com, Snapdeal.com, Flipkart.com, etc., for perpetual injunction, tortious interference with its legitimate business, and unfair competition. The premise of such legal action was the violation of its Direct Seller’s Contract (hereinafter referred to as the ‘DSC’), which allows sellers to market, distribute, sell products and provide services to the end consumers. The said contract is dictated by Amway’s Code of Ethics and Rule of Conduct. However, the direct sellers are not permitted to sell Amway’s products on any e-commerce platform or in retail or wholesale stores without prior authorization from Amway. A large number of Amway products bear unique codes which are used to track the source of the seller.
Read Full Story Click here to learn more.
India: 20-Year-Old Legal Battle between Amul and Anul finally concludes
30/05/2019
After a 20-year-old legal battle, Kaira District Cooperative Milk Producers Union Limited popularly known as Amul has successfully protected its trademark from Shri Shakti Dairy and Kuldeep Enterprises, who were held by the Commercial Court in Vadodara to be guilty of infringing Amul’s trademark by selling and marketing their products under names that were matching with Amul’s original tradename.
Read Full Story Click here to learn more
India: Delhi High Court says exact use of Trademark needed to constitute Trademark Infringement
30/05/2019
The Delhi High Court in the case of Mankind Pharma Ltd Vs. Chandra Mani Tiwari and Anr. held that ‘to constitute infringement under Section 29(5), it is required to have the same or identical trade name and merely having a similar or deceptively similar trademark to the registered trademark would not constitute infringement.’
Read Full Story Click here to learn more.
India: Delhi High Court’s In-Depth analysis of Law Governing Trademark Renewal
Hon’ble Justice Vibhu Bakhru of the Delhi High Court, in a recent decision in the case of M/S Epsilon Publishing House Pvt … vs Union Of India, has rendered an in-depth analysis of provisions and rules pertaining to renewal of mark, removal of mark on non-renewal and restoration of trademark. The case highlights the statutory duties of Registry in cases of renewal of trademark.
Read Full Story Click here to learn more
India: Stay Trademark Infringement Suit in case of Rectification Proceeding – Supreme Court
31/05/2019
The Supreme Court of India, recently in a remarkable judgement clarified the ambiguity regarding the question of rectification of a trademark if an infringement suit is pending.
Court’s Decision and Analysis
- The Court took into consideration Sections 46, 56, 107 and 111 of Trademark Act, 1958, corresponding to Sections 47, 57, 124 and 125 of the 1999 Act.
- Discussing the scheme of the trademark law for the purpose of the issue in this case two contrary judgements were referred in detail:
- The Delhi High Court in the case of Astrazeneca UK Ltd. and Anr. v. Orchid Chemicals, took the view was that while cases falling in the Section 124 (1) of the Trademarks Act, 1999 the Civil Court dealing with infringement suit would be obliged to adjourn the proceedings and await the outcome of the rectification proceedings; and
- The Madras High Court in B. Mohamed Yousuff v. Prabha Singh Jaswant Singh and Others, took the contrary view and held that Section 124 (i) and (ii) operate at two different levels and in two different situations. The Court held that both the sub clauses focus their field of operation only with regard to the stay of suit of infringement and the same does not deal with the discretion of the court to permit or not to permit the rectification the filing of the rectification application. The High Court was of the view that Section 124 (i) and (ii) does not disclose that the provision of 1999 Act mandates a party to just obtain permission/ leave of the court to file a rectification application, which is a statutory right, vested by the Act and cannot be curtailed by any other provisions of the Act.
Read Full Story Click here to learn more.
Trade Mark Registry required to send a mandatory notice under Section 25(3) of the Trade Marks Act before removing a trade mark from the register: Delhi High Court
02/08/2019
In an order passed by the Delhi High Court in the case of Vijay Kumar Salwani vs. Union of India, Hon’ble Justice JR Midha held that Section 25(3) of the Trade Marks Act is mandatory and the Trade Mark Registry is required to send a mandatory notice under Section 25(3) of the Trade Marks Act before removing a trade mark from register.
Read Full Story Click here to learn more.
INDIA: Delhi High Court issues directions for Mandatory Documents to be filed in Trade Mark Infringement Suit
30/10/2019
The Hon’ble High Court of Delhi has recently issued a set of practice directions pertaining to the documents which are to be filed mandatorily along with the plaint in Trademark Infringement disputes. The directions were given in the case Amrish Agarwal v M/s Venus Home Appliances Pvt Ltd. vide judgement dated August 27, 2019.
Read Full Story Click here to learn more.
IPO Issues Notice for Disposal of Cases Pending in Opposition/ Rectification and which have been Settled Amicably
20/09/2019
In a welcome move, the Trade Marks Registry has issued a Public Notice dated September 19, 2019 so as to expedite the conclusion of such opposition/rectification matters which, though have been amicably resolved by the concerned parties, have not been subjected to closure vide a final order by the Registry.
Read Full Story Click here to learn more.
India: Trademark Office to give Grounds when Refusing Trademark Application
11/11/2019
Recently, the Hon’ble Delhi High Court, has held in the case of Intellectual Property Attorneys Association v. The Controller General of Patents, Designs & Trade Marks & Anr., that the Registrar of Trademark is bound by duty to send the copy of the order passed under Section 18(5) of the Trade Marks Act, 1999, containing the grounds of refusal or conditional acceptance and material used by the Registrar to arrive at his decision should be furnished.
Read Full Story Click here to learn more
An Analysis of Patentability under Patents Act, 1970: Monsanto Technology LLC V Nuziveedu Seeds Ltd.
29/05/2019
The issue in the present case revolves around the fact that whether the technology ‘Methods For Transforming Plants To Express Bacillus Thuringiensis Deltaendotoxins’ used by Monsanto Technology LLC. is patentable under the Patents Act,1970.
Facts
A sub-license agreement dated February 21, 2004 was entered into between Monsanto Technology LLC (hereinafter referred to as ‘Plaintiffs’) and Nuziveedu Seeds Ltd. (hereinafter referred to as ‘Defendants’). Monsanto Technology LLC is a joint venture between Monsanto and India’s Maharashtra Hybrid Seeds Co (Mahyco) and is involved in the business of creating a large number of donor Bt. cotton seeds and to distribute them to seed companies. On the other hand, Nuziveedu Seeds Ltd. is a private sector seed company involved in developing new hybrids and varieties of cotton. Under the sub-license agreement, Defendants were entitled to develop “Genetically Modified Hybrid Cotton Planting Seeds” and commercially use the same by using the Plaintiffs’ technology on payment of license fee/trait value on the patented technology. The license was terminated by the Plaintiffs with regard to the issue on payment of trait value after the change of the price control regime by the State.
Read Full Story Click here to learn more
India: Patent Prosecution Highway gets Cabinet’s Approval
21/11/2019
The Union Cabinet on November 20, 2019 approved the proposal for adoption of Patent Prosecution Highway (hereinafter referred to as ‘PPH’) programme by the Indian Patent Office (hereinafter referred to as ‘IPO’) under the Controller General of Patents, Designs & Trade Marks,India (CGPDTM) in collaboration with Patent offices of various other countries and regions.
Read Full Story Click here to learn more
India: Patent Amendment Rules, 2019 Comes into force
25/09/2019
The Controller General of Patents, Designs and Trademarks (hereinafter referred to as the ‘CGPDTM’) recently brought about an important change in the patent ecosystem. The CGPDTM on September 17, 2019, published the Patent (Amendment) Rules, 2019 (hereinafter referred as “Rules”).
The Department of Industrial Policy and Promotion (DIPP) had previously published a draft for proposed amendments to the Patents Rules, 2003 on December 4, 2018 inviting objections and suggestions from all persons likely to be affected thereby.
Read Full Story Click here to learn more
Intellectual Property
India: Ministry of Commerce and Industry Proposes reduction in IP filing fees for Start-Ups and MSMEs
18/09/2019
The Ministry of Commerce and Industry has proposed to reduce application filing fees for Patent, Design and Geographical Indications for start-ups and micro, small and medium enterprises (hereinafter referred to as ‘MSMEs’) to promote innovation in India.
According to the current procedural regime, an individual, commercial entity, group or industry has to pay a certain amount of fees at several stages of the registration and filing of the application for Intellectual Property Rights.
Read Full Story Click here to learn more
India: IP Filing on the rise since Government’s strong steps towards IP Sensitization
18/04/2019
‘India is committed to protect Intellectual Property Rights of all innovators and entrepreneurs and a comprehensive National IPR policy is being finalized’, Prime Minister Narendra Modi assured a gathering of British businessmen during his maiden trip to the UK back in 2015. His comments came at a time when several countries and multinational corporations want India to bring its IP laws at par with global standards.
Recently, the Cell for IPR Promotion and Management, released the new filing statistics of the IP Office for the year 2017-18 available .
Read Full Story Click here to learn more.