A ‘Legal Issues Seminar’ was conducted by Dishti Titus, Senior Associate, on The Code of Criminal Procedure, 1973 (Cr.P.C.) in the context of IP Offences. The seminar provided an introduction to the Cr.P.C. and its applicability to Offences under various IP statutes. First in a 10-session module, the seminar also elaborated on the classification of various offences laid out in the respective IP statutes, and the implications thereunder.

The session saw some interesting questions from the team on summary suits in respect of trademark related offences and the procedure and requirements for conversion of summons cases to warrants cases.

The presentation can be accessed here.

As a part of ALG’s Practice Workshop Series, Sunidhi Bansal, Associate, lead a discussion on ‘India and South Africa’s proposal on the waiver from certain provisions of the TRIPS Agreement for the prevention, containment and treatment of COVID-19’. The session saw the associates raising interesting questions on the monopoly of Intellectual Property versus its exploitation for the greater good in these unprecedented times.

Wanting to delve into stories written by Indian authors, ALG’s Book Club met in November to virtually discuss “The Collector’s Wife” by Mitra Phukan. Set in a small town in Assam with the backdrop of insurgency and civil unrest, the book follows the story of the main character, Rukmini, who is married to the District Collector. The story provides an insight into the lives lead by civil servants and their families which struck a familiar chord with many in the book club.

A ‘Legal Issues Seminar’ was conducted by Pranay Bali, Senior Associate, on Evidentiary Issues in Selected IP Court-Judgements, with a specific focus on the Burden of Proof in IP Cases. Part of a 10-session module, the seminar touched upon the concept of Burden of Proof under The Indian Evidence Act, 1872 and The Patents Act, 1970, and its applicability in suits for infringement, opposition proceedings and rectification proceedings under the Trade Marks Act, 1999.

The session concluded with interesting questions from the team on applicability of certain principles of the Indian Evidence Act, 1872 to the Affidavits furnished in trademark opposition proceedings, and the burden of proof in suits for infringement of patents, where the defence of a different process (from the patented process) is sought. The presentation can be accessed here.

ALG’s Managing Partner, Sheja Ehtesham shared her views with INTA on its first-ever virtual Annual Meeting & Leadership Meeting in November 2020. These were published as part of INTA’s review of the Meeting in the INTA Bulletin on December 9, 2020 (available here).

We share an excerpt from her observations – “Participating from India, I was able to not only access high-quality recorded educational sessions, but actively participate in live ones that were held at times designed to be convenient for this part of the world. This was particularly valuable to me. In the last 10 years I have been attending INTA conferences, I have rarely been able to attend the educational sessions owing to a schedule packed with client meetings. This year was very different; I was able to seamlessly do both.”