New Indian Law Firms, Mergers and Collaborations in 2023
This past year witnessed the birth of new law firms, strategic collaborations, and significant mergers. Here’s a roundup of the notable events that unfolded through the year. New Beginnings Legal Scriptures | Advocates & Solicitors In January, Abhijit Mittal and Anukalp Jain merged their legal practices to form Legal Scriptures, Advocates & Solicitors. Jain and […]
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Rajendra Kumar Sets Out On A New IP Legal Venture: RKR & Partners
Introduction Chartering a Bold New Path, veteran IP lawyer, Rajendra Kumar, better known as RK in the legal profession, establishes RKR & Partners to continue his pioneering work as an IP lawyer. The new firm marks a significant milestone in Rajendra Kumar’s extensive career in intellectual property law spanning nearly four decades of experience in […]
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Rajendra Kumar (RK) Sets Out On A New IP Legal Venture – RKR & Partners
Chartering a Bold New Path, veteran IP lawyer, Rajendra Kumar, better known as RK in the legal profession, establishes RKR & Partners to continue his pioneering work as an IP lawyer. The new firm marks a significant milestone in Rajendra Kumar’s extensive career in intellectual property law spanning nearly four decades of experience in handling […]
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India – Pakistan Basmati rice IP dispute: Delhi High Court closes Pakistani lawsuit for non-prosecution
Three Pakistani entities had approached the High Court in 2008 stating that it already has ‘Super Basmati’ rice and India exporting under the same name will amount to passing off.
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The Evolving Legal Landscape of Intermediary Liability in India: A Deep Dive
Abstract India’s tryst with internet intermediary liability can be traced back almost two decades to when the Information Technology Act (IT Act), 2000 saw the light of day. With the rapid evolution of both the internet and its users in India, it would not be a stretch to say that the legislators in India have […]
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Delhi High Court Rules in Armasuisse v. the Trade Mark Registry and another – How a Trade Mark Dispute can have implications for GI rights in India, by Rajendra Kumar, K&S Partners.
By a common judgment passed on January 4, 2023, the High Court of Delhi allowed two appeals filed by Armasuisse, the military wing of the Swiss Federation engaged in procuring armaments for Switzerland’s Federal Department of Defence, Civil Protection and Sport, setting aside two separate orders passed by the Deputy Registrar of Trademarks on July […]
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The Bombay High Court and the Delhi High Court recognize the separate copyright in the underlying works in cinematograph films/sound recordings
Introduction It is trite to say that copyright is a bundle of rights. This truism is best demonstrated when a song is played on the radio. Under the Copyright Act in India, copyright attaches to original literary, musical and dramatic works; sound recordings and cinematograph films. The creation of a song at the most basic […]
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Implications of the Prius Judgment for Trans-Border Reputation and Passing-Off in India
Amit Sindhwani, Head of IPR, USHA International LtdAishwarya Menon, Partner, K&S PartnersRajendra Kumar, Founding Partner RKR & Partners Abstract The old Indian trademark statute, the Trade and Merchandise Marks Act, 1958 was repealed by the Trade Marks Act, 1999. The Indian Courts have rendered many trademark decisions under both these statutes, where rights based on […]
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The Overlap Between Copyright and Designs in India, EU and the UK – A Case for Overhaul of the Indian Legal Framework
Rajendra Kumar & Amit Sindhwani Why is there a cross-over between design and copyright? It is generally recognized that an industrial design constitutes the ornamental and aesthetic appearance of an article whether in two (2D) or three dimensional (3D) forms. A few examples: Novel Pattern on Pottery Novel Shape of an Iron Box Novel Shape […]
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GI Protection and Enforcement in India
Introduction In Europe, in June 2018, the Scotch Whisky Association (SWA) took legal action before Hamburgʼs Regional Court, complaining of a German distillerʼs use of “GLEN BUCHENBACH” on its label in respect of a German product. The Hamburg Court sought guidance from the European Court of Justice (ECJ) to interpret the GI law. The ECJ […]
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