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[By Shubhankar Sharan & Soumyabrata Chakraborty] The authors are students of Gujarat National Law University, Gandhinagar. Introduction Over the latter half of the previous decade, reasonable disputes have arisen concerning the jurisdictional overlap between the Patents Act 1970 (Patents Act) and the Competition Act 2002 (Competition Act). The instant ambiguity centers around the recent judgement of a Division Bench of the Delhi High Court in Tekefonaktiebolaget LM...
[By Ritesh Raj] The author is a student of NLSIU, Bangalore. Introducing the Theories of Expectancy and Reliance in Damages The theories of expectancy and reliance in assessing damages became discreet with the publication of LL Fuller and William R Perdue Jr’s paper. Reliance interest was defined as damages paid to restore the plaintiff to the pre-contractual status quo position as if the contract had never existed....
[By Keshav Vyas] The author is a student of National Law Institute University, Bhopal. Introduction The Memorandum of Association (MOA) and Articles of Association (AOA) are fundamental documents that outline the company’s objectives, scope of work, internal management, and rules. They form the foundation of a company’s constitution and are crucial for its functioning. The decision to modify the Memorandum of Association (MOA), Articles of Association (AOA),...
[By Smriti Jaiswal] The author is a student of National Law University of India, Bangalore. Introduction In January 2022, the Insurance Regulatory Development Authority of India (‘IRDAI’) released IRDAI (Surety Insurance Contracts) Guidelines, 2022 for India’s emerging surety bonds market. As the current guidelines stand, the surety bonds in India shall be treated as a contract under Section 126 of the Indian Contracts Act 1872 (‘ICA’). Section...
[By Prathamesh N Bhutada] The author is a student of Maharashtra National Law University, Mumbai. Introduction The United Nations Convention on Contracts for the International Sale of Goods (hereinafter CISG) is a uniform contract law that was brought in place to harmonize the differences in governance by domestic law.[1] However, the convention is not all-encompassing. Scope of the application of CISG has been given under Articles 1-6...
[By Aditi Mishra] The author is a student of NMIMS School of Law, Mumbai. Introduction During M&A transactions, it is common for the seller to make representations and warranties to the buyer on several aspects pertaining to the target company such as material contracts, financial statements, tax information, intellectual property, etc. A representation is a statement of fact relating to the past or the present state of...
[By Oorja Newatia] The author is a student of National Law School of India University, Bengaluru. INTRODUCTION Recently, on the sidelines of the BRICS Competition Conference, the Competition Commission of India’s (‘CCI’) Chairperson has declared that the CCI is looking at ways to integrate sustainability dimensions into the competition law framework. India has declared an ambitious target to achieve carbon neutrality by 2070 and an emissions-intensity target...
[By Sanidhya Bajpai & Akash Gulati] The authors are students of Dr. Ram Manohar Lohiya National Law University, Lucknow. Introduction The award for innovation in the modern world is your commercial exclusivity to that creation. In the pharmaceutical sector, innovation in drugs and consumables is endowed with patents granting a temporary monopoly. However, such temporary monopolies are sometimes virtually elongated with the use of trademark and trade...