Intellectual Property
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intellectual_property
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ASCI releases influencer advertising guidelines for digital media- Effective 14 June 21 onward
On 27 May 2021, Advertising Standards Council of India (ASCI) released the final ‘Guidelines For Influencer Advertising In Digital Media’ (Guidelines) which would have to be complied with for all posts published by influencers on or after 14 June 2021. The purpose is to enable consumers to identify and distinguish paid promotional content from other content posted by the influencers.
Nirupam Lodha
Nirupam Lodha is a Partner in the Intellectual Property practice group.
Nirupam advises and assists clients on intellectual property and technology related transactions, including acquisition of intellectual property assets, intellectual property and technology licensing, brand acquisition and licensing, SAAS arrangements and conducting intellectual property related due diligences. He also assists clients in securing statutory protection for their intellectual property in India as well as across the world.
Recent surge in COVID-19 cases results in suspension of deadline for time-bound IP filings in India
The recent rise in the COVID-19 cases in India led the Hon’ble Supreme Court of India (Supreme Court) to pass another order dated 27 April 2021 (SC Order) in Suo Moto Writ Petition (Civil) No 3/2020 (SC Matter), restoring its earlier order dated 23 March 2020 (Earlier SC Order). Last year in March 2020, Supreme Court vide Earlier SC Order had extended the period of limitation in all legal proceedings, whether condonable or not, with effect from 15 March 2020 till further orders.
Copyright (Amendment) Rules 2021 come into force and an Ordinance abolishes the Intellectual Property Appellate Board
It is noteworthy that two significant developments have recently taken place in relation to intellectual property laws, a brief summary of which is set out below
IPAB ceases to exist in India
The President of India has promulgated an Ordinance (defined hereinafter) abolishing the Intellectual Property Appellate Board (IPAB) which was entrusted with certain matters falling under various Intellectual Property Rights laws (IPR laws).
Indefinite time extension comes to an end for time bound IP Filings in India
The Hon’ble Supreme Court of India (Supreme Court) has recently passed an order dated 8 March 2021 (SC Order) in Suo Moto Writ Petition (Civil) No 3/2020 (SC Matter), ending the indefinite extension of limitation period which was granted by the Supreme Court last year vide an earlier order dated 23 March 2020 (Earlier SC Order).
Offences under the Copyright Act and the Trade Marks Act are non-bailable, holds Bombay High Court
In the matter of Piyush Subashbhai Ranipa v. The State of Maharashtra, Anticipatory Bail Application No 336 of 2021 (Application), the Learned Single Judge of the Bombay High Court (Court), rejected the anticipatory bail to the Applicant (defined hereinafter) in a criminal matter for the various offences under Indian Penal Code 1860 (IPC), The Copyright Act 1957 (Copyright Act) and The Trade Marks Act 1999 (Trade Marks Act). The Court held that the offences under Section 63 of the Copyright Act and Section 103 of the Trade Marks Act (collectively, Acts) are non-bailable.