Author: aarnalawadmin
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Why traditional knowledge needs better IP protection
The lack of proper legal policy frameworks for the protection of traditional knowledge in emerging economies provides a vacuum for industrialized nations to exploit traditional knowledge and the resources of indigenous communities.
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Treatment of non-compete/non-solicitation covenants in the eyes of the Courts in Singapore and India
When a company wants to ensure its ‘secret sauces’ aren’t being shared with its rivals, a non-compete and non-solicitation clauses comes in handy. This article sets out how courts in Singapore and India view these restrictive covenants.
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Recent developments in Indian insolvency law
Clarification on Ineligibility of Resolution Applicants In a significant ruling in the case of M.K. Rajagopalan v. Dr. Periasamy Palani Gounder & Anr., the Supreme Court has clarified that a resolution applicant cannot be presumed ineligible under Section 164(2)(b) of the Companies Act, 2013, unless a competent authority explicitly declares their disqualification as a director.…
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Indian parliament approves new Mediation Bill
Last week saw a flurry of activity around the announcement that both houses of the Indian parliament had passed the Mediation Bill. The text of the bill, as passed by parliament, is not available yet. What is available is the text of the bill as introduced in parliament nearly two years ago in 2021. This…
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Case update: Paschimanchal Vidyut Vitran Nigam Limited v. Raman Ispat Private Limited & Others
In a recent case the Supreme Court of India reversed its previous decision of September 2022 in the matter of State Tax Officer v. Rainbow Papers. In this “Rainbow judgment”, it was established that the State held the status of a ‘secured creditor’ as defined by the Insolvency and Bankruptcy Code.
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Women in Leadership and IP: Ms Nikita Jajodia of Nourish Organic Foods
In the latest interview with a female entrepreneur in our series marking World IP Day 2023, Nikita Jajodia of Nourish Organic Foods discusses the importance of branding, the threat from copycats and the significance of certification.
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India looks to further reforms of the bankruptcy code
When the Insolvency and Bankruptcy Code (“the Code”) was introduced in 2016, it highlighted the need to create a credit-friendly culture, an area where previous legislation had fallen short. But while the Code has proven its efficacy as a dynamic legal framework, there remain areas of concern over its application. Below we review these and…
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Why aircraft lessors need greater protection under Indian law
The aviation industry has witnessed its fair share of turbulence over the years, with several major airlines succumbing to financial crises and filing for bankruptcy. In a recent development
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Aarna Law announces new partner
Spandana Ashwath has been appointed a partner at Aarna Law where she will head the Intellectual Property team. She has over ten years of experience in dispute resolution with a particular focus on intellectual property representing clients before the Indian courts as well as in domestic and international arbitrations and mediations. Speaking about the promotion,…
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How to recover foreign award debts in India through insolvency proceedings
In recent years, India has embraced a pro-arbitration approach, making international arbitration the preferred method for resolving disputes between Indian corporations and global entities.