A ‘Legal Issues Seminar- General IP’ (LIS-GIP) was conducted by Sucharitha Banda, Associate, on “When Can a Plaintiff Being Aware of Infringing Use be Entitled to Injunctive Relief in A Delayed Suit?”. The seminar explored the provisions of Section 135 and Section 33 of the Trade Marks Act, 1999, which provide for relief in suits for infringement or for passing off and the effect of acquiescence on the rights of the plaintiff, respectively. The session delved into the judicial decisions that provided insights on the standards of equity employed by the Courts while analysing the impacts of delay in initiating a suit. The seminar focused on the differences in the concept of delays, laches and acquiescence and provided an overview of the jurisprudential outlook of Courts, which has been developing over the course of time, in assessing rights of parties. The session concluded with a discussion on the recent development in the Court’s outlook in approaching delays and laches with a practical lens so as to mitigate the prejudice caused to the defendant owing to the delay by plaintiff in initiating a suit.

The presentation can be accessed here.

Independence Day is marked by vibrant celebrations across the country, showcasing the rich heritage and diversity of India.

Communities, schools, offices and our homes are adorned with the national flag. This year’s theme for Independence Day is “Nation First, Always First”.

ALG wishes our friends, clients, and colleagues a day filled with joy and togetherness.

Happy Independence Day 2023!

A ‘Legal Issues Seminar- General IP’ (LIS-GIP) was conducted by Yash Raj, Associate, on “Is the Power of Court to Punish for Disobedience of an Injunction in Civil Proceedings akin to Civil Contempt?”. The seminar explored the provision of Order XXXIX Rule 2A under the Code of Civil Procedure, 1908 (CPC) which provides for consequence of disobedience of an order of injunction and analysed it against the relevant provisions of the Contempt of Courts Act, 1971. The session delved into the judicial decisions that have delved into the scope and power of court under Order XXXIX Rule 2A of CPC, and the varied interpretation that has been provided by the Courts. The seminar involved an interesting observation on the divergence in opinions of the various coordinate benches of the Hon’ble Supreme Court on the issue and subsequent varied reliance by the High Courts. The session concluded with a discussion on the difference in the nature and scope of the provisions, and the need for a reference by a larger bench of the Hon’ble Supreme Court on the issue to resolve the conflict.

The presentation can be accessed here.

We are happy to share that Chhavi Jain, former ALG Alum, has been recognized among the WTR300 by the World Trademark Review once again this year.

Currently serving as the Legal Counsel at UltraTech Cement, Chhavi began her professional journey as an Intellectual Property Practitioner at ALG India Law Offices LLP. We extend our best wishes for her continued success in the future.

During last week’s PWS Session, Arundathi Krishnadas (Trainee Associate) led a discussion on “Whether there are any IP Implications of Modifying Educational Texts?”. The session commenced with a discussion on the objectives of modification/alteration of education texts. The discussion delved into the nature of modification with members brainstorming various scenarios when such modifications would constitute a substantial modification of the underlying IP. The members debated and discussed how such modifications/alterations impact IP rights of authors and if authors can dissociate themselves from the modified text. The session concluded with members suggesting how the objectives of modifying educational texts can be met without jeopardising the IP rights of authors and interests of the public.