Written By: Aakriti Gupta Success fees is a payment arrangement based on the contingency on the positive outcome of an event. The National Company Law Appellate Tribunal (“NCLAT”) in the recent case of Mr. Jayesh N. Sanghrajka v. The Monitoring Agency nominated by the Committee of Creditors of Ariisto Developers Pvt Ltd[1] held that success...Read More
Registration Benefits Registration results in statutory protection of a trademark for several years subject to renewal and develops a unique specific brand for people to identify and associate with. It gives the registered proprietor the exclusive right over the trademarked word, logo, name, label, device, sound, graphic or even a color combination in relation to...Read More
Written By: Aishwarya Sethi A case comment on Jaipur Zila Dugdh Utpadak Sahkari Sangh Limited & Ors v. M/s Ajay Sales & Suppliers (Decided on 9-09-2021) Introduction In the recent times, there has been an evident incline in the number of disputes being referred to arbitration and other alternative dispute resolution methods owing to the...Read More
Written By: Aishwarya Sethi What is a Start-Up? While a startup is any new business setup, for it to be ‘eligible’ to avail government benefits under the Startup India Action Plan, a business must fulfil the following criteria- It should not have completed a period of ten years from the date of incorporation/registration. Is a...Read More
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
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