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May 25 2021 Britannia Industries (Britannia) that holds 30% of the organised biscuit market in India, is aggrieved by a relatively new competitor, ITC Ltd’s (ITC) use of digestive biscuit packaging sold under the brand name ‘Sunfeast Farmlite’. The trade dress and packaging of two variants of digestive biscuits sold by ITC were disputed before the Delhi High Court. The product packaging of rival brands is appended below. The court noted that the dispute between ‘Nutri Choice Digestive’ and ‘Sunfeast Farmlite 5-Seed Digestive’ was on pillow packaging. In the case of ‘Nutri Choice 5 Grain Digestive’ and ‘Sunfeast Farmlite Veda Digestive’, the dispute was on box packaging. ....
April 15 2021 In a landmark judgment, the Supreme Court of India, in the context of a tax dispute concerning the role and rights of an Indian distributor vis-à-vis foreign software owner, has opined that: Distribution of software to distributor/end user will not constitute grant of an interest in copyright in it; and It only grants a non-exclusive, non-transferable licence to resell computer software. The tax department sought to classify such a sale under ‘royalty’ payable on account of software sale to resident/s by non-resident companies. The companies involved in this prolonged litigation included Samsung Electronics, IBM India, Sonata Information Technology, Infineon Technologies and GE India Technology Center. ....
New bill proposes the abolition of Indiaâs troubled IPAB 16-02-2021 More on this story 01-04-2013 A new draft bill from India’s Union Finance Minister proposes the closure of the country s Intellectual Property Appellate Board (IPAB). As first reported by SpicyIP, The Tribunal Reforms (Rationalisation and Conditions of Service) Bill 2021, proposed by Nirmala Sitharaman and printed on February 12, suggests the abolition of the board and the transfer of its responsibilities to the commercial and high courts. “With a view to streamline tribunals, the Tribunals Reforms Bill, 2021 is proposed to be enacted to abolish certain tribunals and authorities and to provide a mechanism for filing appeals directly to the commercial court or the High Court, as the case may be,” the bill reads. ....
February 04 2021 With the high penetration rate of internet among the Indian populace and through the increasing ease of accessibility to smart phones, there has been a substantial rise in online gaming in India. A recent Business Standard article estimated that gaming apps registered an average user increase of 40-50% during the first half of 2020. The number of gamers are projected to further grow from 320 million to 470 million over the next two years. As a general rule, platforms that offer ‘games of skill’, as opposed to ‘games of chance’, are permitted to operate, accept bets and allow consumers to play with real money. A court ruling in 2017 on Dream11, an Indian fantasy sports platform offering a ‘game of skill’, provided a boost for the validity of online gaming platforms. ....