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Author Archives: Joseph Administrator

ONEPLUS SETTLES ITS OS DISPUTE, INDIAN PHONE OWNERS TO RECEIVE UPDATES

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  • Sep, 08, 2015
  • Joseph Administrator
  • Legal Update

OnePlus One has resolved its legal dispute over exclusive rights with Cyanogen by “mutual consent”. The dispute was filed in the Delhi High Court by Micromax complaining that they had an exclusive license agreement with Cyanogen for the Cyanogen Operating System (that also powers the OnePlus One) in a few South Asian countries. Micromax argued […]

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RIGHT TO BE FORGOTTEN?

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  • Sep, 08, 2015
  • Joseph Administrator
  • Legal Update

It has been almost a year since the European Court of Justice ruled that Google must respond to take-down requests by users alleging that search results on Google violate their right to privacy, a case popularly known as the Right to be Forgotten (RTBF) case. The issue has arisen from desires of individuals to “determine […]

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EUREKA FORBES AND HINDUSTAN UNILEVER: WATER PURIFICATION PATENT PITTER-PATTER

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  • Sep, 08, 2015
  • Joseph Administrator
  • Legal Update

Recently the Chennai patent office rejected a patent application filed by Eureka Forbes for its ‘iron removal water purifier’ after a pre grant opposition filed by Hindustan Unilever Ltd. Hindustan Unilever argued that “the usage of ion exchange resin for the removal of iron as well as its usage in gravity water filters is well […]

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NO AUTOMATIC ARRESTS IN 498-A CASES, DUE PROCESS TO BE FOLLOWED: SUPREME COURT

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  • Sep, 08, 2015
  • Joseph Administrator
  • Legal Update

The Supreme Court, has delivered a much awaited judgment by the common man. The judgment (Arnesh Kumar Vs. State of Bihar & Anr) has effectively rewritten the relationship between the police and public. The Petitioner had preferred a Special Leave Petition before the Supreme Court after having failed to secure anticipatory bail before the Sessions […]

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COMPOSITE CAP ON FDI CREATES CONFUSION OVER FII LIMIT IN BANKS

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  • Sep, 08, 2015
  • Joseph Administrator
  • Legal Update

Government’s decision to introduce composite caps on foreign investment has led to confusion among bankers who say overseas portfolio investments can now go up to 74 per cent as against the current ceiling of 49 per cent. Commerce and Industry Ministry officials insist however that though all foreign investments like FIIs and FDI are being […]

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SUPREME COURT OF INDIA DECIDES ON JURISDICTION FOR FILING TRADEMARK AND COPYRIGHT CASES

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  • Sep, 08, 2015
  • Joseph Administrator
  • Legal Update

On 1st July 2015, the Hon’ble Supreme Court of India gave an authoritative judgement on the issue of territorial jurisdiction for filing of Copyright and TM infringement suits could be filed. The Supreme Court primarily dealt with the question that in case when the cause of action arises at a place where the plaintiff has […]

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E-COMMERCE MARKET TO TOUCH $16 BILLION IN INDIA THIS YEAR

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  • Sep, 08, 2015
  • Joseph Administrator
  • Legal Update

The ‘Future of e-commerce: Uncovering Innovation’ study reveals that the digital commerce market in India has grown steadily from $4.4 billion in 2010 to $13.6 billion in 2014 and likely to touch $16 billion by the end of 2015 on the back of growing internet population and increased online shoppers. It said online travel accounts […]

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SECTION 66A OF THE IT ACT DECLARED UNCONSTITUTIONAL BY THE SUPREME COURT OF INDIA

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  • Sep, 08, 2015
  • Joseph Administrator
  • Legal Update

The Supreme Court of India in its recent decision (Shreya Singhal v. Union of India) has held Section 66A of the Information Technology Act, 2000 (“IT Act”) to be unconstitutional, observing that the controversial provision is in violation of the of right to freedom of speech and expression envisaged under Article 19(1)(a) of the Constitution […]

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JOHN DOE ORDER

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  • Sep, 08, 2015
  • Joseph Administrator
  • Legal Update

In Phantom films Private limited vs Sonali Cable Vision Private Limited & Ors, Phantom Films have been granted a John Doe order by the Bombay High Court for blocking sites that ‘may’ be pirating its movie, Masaan. Phantom Films had stated herein that it had come across dormant links which offered a “facility of free […]

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The Novartis Case : A Summary- By Pravar Veer Misra

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  • Sep, 08, 2015
  • Joseph Administrator
  • Article

INTRODUCTION The Novartis case polarized opinions across the globe. The Supreme Court of India in this case was faced with the difficult question of the rights of innovators vis a vis the benefit of the public at large. While some believed the supreme court took a very narrow view to deny Novartis a patent , […]

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