IntellecTech Law is a non-profit think tank and a virtual forum for reviewing and analyzing ground-breaking legal developments in Intellectual Property, Technology, Media, Privacy and Competition Laws. We strive to not limit ourselves but look at the most challenging issues in the intersection of these subjects with other subject areas as well.
- A Retrospective Analysis of India’s Proposal to Ban Trading in CryptocurrencyPosted on January 21, 2021 Authored by Melita Tessy* Introduction To many in the Fintech sector, the 2018 circular of the Reserve Bank of India (“RBI”), purportedly banning trade in virtual currencies would’ve come off as a rather unpleasant surprise. This is because, the RBI had published in 2015, the “Financial Stability Report” and the […]
- Data Localization Versus Free Flow of Cross Border Data Transfers in IndiaPosted on January 7, 2021 Co-authored by Tanya Varshney and Varun Anand* Introduction In simple terms, ‘data localization’ means storage of data within the local limits of the jurisdiction of the data subject. With the challenges posed by the COVID-19 pandemic, people are using online services across the world and connecting with others in many […]
- AI and the Future of Human-Judges: Theorising the Role of AI in Legal InterpretationPosted on December 23, 2020 Authored by Aditya Krishna* Introduction With the advent of the 21st century, technology began to develop in leaps and bounds, leading to the eventual creation of a plethora of AI or Artificial-intelligence applications and solutions. It has been forecasted in a study by the Stanford University in 2016 that over […]
- Uber and Viacom’s E-Contract Disputes: Judicial Outlook on Click-Wrap and Browse-Wrap AgreementsPosted on December 16, 2020 Authored by Tanya Varshney* It is an established principal of contract law across jurisdictions that, regardless of the form of the contract, certain essentials such as offer, acceptance, capacity to contract, consideration, etc. should be met. Unlike e-mail where parties have several exchanges of written communications, click-wrap agreements such as […]
- News Corner: Belgian Data Protection Authority and DNS Belgium To Take Down Websites Violating GDPRAlleged data protection violation? Your “.be” domain name could be taken down! The Belgian Data Protection Authority (the “Belgian DPA”) published on 30 November 2020 a Cooperation Agreement with DNS Belgium, the organization managing the “.be” country code top-level domain name. This Agreement allows DNS Belgium to make unavailable “.be” websites that violate the General […]
- News Corner: Bombay High Court Rules on Pre-Grant Patent OppositionsOn 5 November 2020, the Bombay High Court delivered its judgment in the case of Dhaval Diyora v Union of India WRIT PETITION (L) NO.3718 OF 2020. The Court deliberated whether a pre-grant opposition can be filed with the Controller of Patents and Design for the purpose of opposing a patent application appealed before the […]
- News Corner: UK Sets Up Digital Markets Unit To Govern Tech GiantsThe British Government, vide its Press Release dated November 27, 2020, announced its plan to set up a new Digital Markets Unit to introduce and enforce a new code to govern the behaviour of tech giants like Google and Facebook that currently dominate the market. Scheduled to launch in April 2021, the new watchdog will […]
- News Corner: Delhi HC Directs Xiaomi to Maintain INR 1000 Crores in Patent Infringement SuitPhilips has brought an action against Xiaomi before the Delhi High Court in the suit titled Koninklijke Philips N.V. vs Xiaomi Inc. CS(COMM) 502/2020, for infringement of its UMTS enhancement (HSPA, HSPA+) and LTE technologies and patents being IN 275419, IN 271469, and IN 228133 Philips also filed an application seeking an ad-interim injunction against […]
- News Corner: Nirvana and Marc Jacobs Fight Over the “Smiley Face”Marc Jacobs’ design, left, with Nirvana’s original, right. Composite: Mac Jacobs/Getty ImagesImage Source: The Guardian In 2018, the company Nirvana LLC sued the famous designer Marc Jacobs -among others- for the use of the “Smiley Face” symbol, which is attributed to Kurt Cobain. This “Smiley Face” has been registered in the US Copyright Office in favor […]
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