Tag: Delhi High Court

The forum for adjudicating commercial suits in India is governed by the Commercial Courts Act, 2015 (“CCA”), where cases are heard by courts at different levels depending on the valuation of the suits. Lesser-valued cases are heard by courts lower in the judicial hierarchy and fall outside the direct scrutiny of the CCA, thus being subject to relatively lower regulation. ......

On January 24th, the Delhi government published a draft Motor Vehicles Aggregator Scheme (Scheme). Cab aggregators, quick commerce, and other delivery and passenger transport services in New Delhi are required to incorporate Electric Vehicles (EV) into their fleets and to cap surge pricing at set tariffs, among other requirements. ......

The Delhi High Court (Court) recently ruled that all food business operators must make a complete disclosure of all components and measurements used in a food product. This should include information about whether the substances are derived from plants or animals. According to the Court, everyone should be entirely aware of what they consume. ......

Patents are granted for inventions that are novel and involve an inventive step. Any information or material that is publicly available or published before the filing of a patent application is known as “prior art” and this forms the basis on which novelty and inventive step is determined. ......

Inventions that fall within, or overlap with, disclosures in the prior art are called “selection inventions”. Generally, selection inventions involve the selection of one or more specific embodiments, such as individual elements, subsets, or sub-ranges, within a larger known set or range disclosed in the prior art. This raises critical questions around how the novelty and inventive step of selection patents should be judged. ......

The Delhi High Court in the case of Larsen & Toubro Limited vs. Punjab National Bank recently pronounced an important judgement clarifying the duration of a claim period in a bank guarantee. The issues raised in this case pertain to the scope of Section 28 of the Indian Contract Act, 1872 ("Act"). ......

As intellectual property disputes grow in number in India, corresponding questions arise regarding the most appropriate adjudicating authority to be approached for redress. Besides regular courts, IP disputes also occasionally make their way into arbitrations. But the circumstances under which IP disputes can be referred to arbitration are not always clear. ......

An anti-suit injunction is an order by the court which restricts a party from filing or continuing with proceedings in another court, including foreign courts, with regard to the subject matter of the suit. When courts are approached by a party seeking an anti-suit injunction, they generally establish a ‘forum conveniens’, i.e., determine the most appropriate forum to decide upon the dispute. ......

Licensing and franchising intellectual property (IP) offer strategic competitive advantages to a brand. Franchising is a situation where a franchisor controls and supervises the exploitation of a trademark while allowing the use of the tradename, the get up and the reputation and goodwill associated with the trademark. ......