#patent invalidation services in india

[visatips]

Legal Document Translation: Accuracy and Confidentiality for Global Compliance

In today's interconnected world, legal matters frequently transcend national borders. Whether it's international litigation, cross-border business transactions, immigration, or intellectual property rights, the accurate interpretation of legal documents across different languages is paramount. This is where Legal Document Translation plays a critical role, bridging linguistic divides while upholding the precise meaning and legal integrity of the original text. Unlike general translation, legal translation demands specialized expertise, meticulous attention to detail, and an unwavering commitment to confidentiality.

In 2025, with increasing global trade and mobility, the demand for highly specialized legal translation services in India is growing, ensuring that legal professionals and individuals can navigate complex international legal landscapes with confidence.

What is Legal Document Translation?

Legal document translation is the process of translating texts used in legal contexts. This includes a vast array of documents, from contracts and court documents to patents and immigration papers. What sets it apart is:

Precision and Accuracy: Legal texts are highly precise. Every word, phrase, and nuance carries specific legal weight. A mistranslation can lead to severe legal and financial consequences, rendering a document invalid, altering its meaning, or causing significant disputes.

Specialized Terminology: Legal systems use highly specific terminology (jargon, Latin phrases, country-specific legal concepts) that requires an intimate understanding of both the source and target legal systems, not just the languages.

Cultural and Legal System Nuances: Legal concepts can vary significantly across jurisdictions. A good legal translator must understand these differences and correctly adapt the terminology or provide explanatory notes without changing the original legal intent.

Confidentiality: Legal documents often contain highly sensitive and confidential information, demanding strict adherence to data privacy protocols.

Why is Legal Document Translation Crucial?

Legal Validity and Enforceability: Accurate translation ensures that legal documents remain valid and enforceable in foreign jurisdictions.

Avoiding Disputes and Liabilities: Precision prevents misunderstandings, contractual breaches, and costly litigation arising from translation errors.

Compliance: Ensures adherence to legal and regulatory requirements in international contexts.

Fairness and Justice: In international legal proceedings, accurate translation is fundamental to ensuring fair representation and due process.

Global Business Facilitation: Enables cross-border mergers, acquisitions, contracts, and intellectual property protection.

Documents Commonly Requiring Legal Translation:

The scope of legal documents requiring translation is extensive, including:

Contracts and Agreements: Employment contracts, sales agreements, partnership agreements, non-disclosure agreements (NDAs), terms and conditions.

Court and Litigation Documents: Pleadings, judgments, witness statements, affidavits, depositions, arbitration documents, court orders.

Corporate Legal Documents: Articles of Incorporation, Memorandums of Association, corporate bylaws, shareholder agreements, corporate governance documents.

Intellectual Property (IP) Documents: Patents, trademarks, copyrights, licensing agreements.

Immigration and Visa Documents: Birth certificates, marriage certificates, police clearance certificates (PCCs), academic transcripts (for credential evaluation), divorce decrees, adoption papers.

Wills and Trusts: For estate planning involving international assets or beneficiaries.

Regulatory and Compliance Documents: Compliance manuals, legal opinions, regulatory filings.

Property Deeds: For international real estate transactions.

Who Performs Legal Document Translation? (Qualifications)

Given the high stakes involved, legal translations are performed by highly qualified professionals:

Linguists with Legal Background: Translators who possess both native-level fluency in the relevant languages and a strong academic or professional background in law (e.g., law degrees, experience as paralegals, legal professionals).

Specialized Training: Many legal translators undergo specific training and certification in legal terminology and legal translation methodologies.

Certification and Accreditation: While India lacks a single national certifying body, legal translators often hold certifications from international bodies or professional associations. For official purposes, their translations usually require a certification statement (attesting to accuracy and completeness) and often notarization by a Public Notary in India. For international use, further legalization like an Apostille by the Ministry of External Affairs (MEA) might be required, especially for public documents.

Confidentiality Compliance: Adherence to strict non-disclosure agreements (NDAs) and data security protocols is paramount.

Finding Reliable Legal Document Translation Services in India

Choosing the right legal translation service provider is critical. Look for agencies that:

Specialize in Legal Translation: Do not opt for general translation services. Look for agencies that explicitly highlight their expertise in legal translation and have dedicated teams of legal linguists.

Proven Track Record: Choose providers with extensive experience and positive testimonials from legal firms, corporate clients, and individuals who have successfully used their services for official purposes.

Quality Assurance Processes: Inquire about their quality control measures, which should include multiple rounds of review (translation, editing, proofreading) by different legal linguists. ISO certifications (e.g., ISO 17100 for translation services) are a good indicator.

Certification and Notarization Services: Confirm they can provide a certified translation with an affidavit of accuracy and facilitate notarization if needed. Many also assist with the Apostille process for documents used in Hague Convention countries.

Confidentiality Measures: Ensure robust data security protocols and signed NDAs.

Technology Integration: Use of translation memory tools (for consistency across large projects) and secure online platforms for document submission and delivery.

Client Support: Responsive customer service that understands legal requirements and can guide you through the process.

In major Indian cities like Mumbai, Delhi, Bangalore, and Chennai, you can find reputable legal translation agencies by searching online directories, legal professional networks, or by seeking recommendations from law firms or immigration consultants.

Conclusion

Legal Document Translation is a highly specialized and indispensable service in today's globalized world. It requires a unique blend of linguistic expertise, legal knowledge, and an unwavering commitment to accuracy and confidentiality. For any legal matter crossing borders, relying on certified and experienced legal translation professionals is not just a convenience, but a fundamental requirement for ensuring legal compliance and global legal validity.

[udyamregister]

Print Udyam Registration Certificate Online in India

In recent years, the Indian government has taken significant steps to support and empower Micro, Small, and Medium Enterprises (MSMEs). One of the crucial initiatives is the introduction of the udyam certificate download pdf. This digital platform allows MSMEs to register themselves and gain official recognition from the Ministry of Micro, Small, and Medium Enterprises. Once registered, businesses receive a unique Udyam Registration Number and an official Udyam Registration Certificate. This certificate is an essential document for availing various government schemes, subsidies, and incentives.

What is Udyam Registration?

Udyam Registration is an online registration process introduced by the Government of India to simplify the process of recognizing MSMEs. It replaced the earlier Udyog Aadhaar system and aims to make registration more transparent and efficient. Businesses falling under the MSME category, based on investment and turnover, can apply for Udyam Registration free of cost through the government portal.

Importance of Udyam Registration Certificate

The Udyam Registration Certificate serves as a legal document that verifies the status of an enterprise as a recognized MSME. Below are the key reasons why this certificate is essential:

Access to Government Schemes: MSMEs with udyam new registration can avail benefits under government schemes, including subsidies, low-interest loans, and easier credit access.

Ease of Business Operations: It simplifies various regulatory requirements, making it easier for businesses to comply with legal and financial norms.

Subsidies and Incentives: Registered MSMEs are eligible for subsidies on patent registration, ISO certification, and electricity bills.

Protection Against Delayed Payments: Udyam-registered MSMEs are protected under the MSME Development Act for any payment delays from buyers.

Steps to Print Udyam Registration Certificate Online

Printing the Udyam Registration Certificate is a straightforward process. Follow the steps below to download and print your certificate:

Visit the Udyam Registration Portal: Go to the official Udyam Registration portal.

Click on ‘Print/Verify’ Option: On the homepage, you will find the option ‘Print/Verify Certificate’. Click on it.

Enter Your Udyam Registration Number: Input your 16-digit Udyam Registration Number provided at the time of registration.

Enter Mobile Number and OTP: Enter the mobile number linked to your registration and verify it using the OTP sent.

Download the Certificate: Once verified, your Udyam Registration Certificate will be displayed on the screen. You can download and print it for your records.

Key Details Present in the Udyam Registration Certificate

The Udyam Registration Certificate contains the following essential details:

Udyam Registration Number

Name and Address of the Enterprise

Type of Organization

Date of Incorporation

Business Activity (Manufacturing/Services)

Investment in Plant and Machinery

Annual Turnover

Date of Issue

Common Issues While Printing Udyam Registration Certificate and Solutions

While the process of printing the Udyam Registration Certificate is simple, some users may face difficulties. Below are common issues and their solutions:

Invalid Udyam Registration Number: Double-check the registration number for any errors.

OTP Not Received: Ensure that your registered mobile number is active and capable of receiving SMS.

Browser Compatibility Issues: Use a recommended browser such as Google Chrome or Mozilla Firefox.

Technical Glitches on the Portal: Wait for a while and try again if the portal is facing technical difficulties.

Benefits of Having a Printed Udyam Registration Certificate

Proof of MSME Status: The printed certificate acts as an official proof of your MSME status.

Simplifies Loan Approvals: Banks and financial institutions accept the certificate for MSME-related loan approvals.

Government Tenders: Many government tenders require MSME certification.

Financial and Non-Financial Benefits: Avail subsidies, concessions, and other benefits smoothly.

Conclusion

The udyam certificate download is a vital document for any MSME in India. It not only provides recognition but also unlocks a wide range of government schemes and financial benefits. The online platform has made it incredibly easy for MSMEs to register, verify, and print their certificates without any hassle.

If you haven't already registered your enterprise, now is the time to do so. For those who have completed their registration, ensure you have a printed copy of your Udyam Registration Certificate for easy reference and use. Stay compliant, and take full advantage of the benefits offered by the government for MSMEs in India.

[whizlegalnoida]

Patent dispute law firm for NRI in India

Navigating Patent Disputes in India: A Guide for NRIs

Introduction

The rise of globalization has expanded business opportunities, but it has also increased the complexity of intellectual property (IP) laws. For Non-Resident Indians (NRIs) with interests in India, understanding patent law is crucial. India’s patent system, governed by the Patents Act, 1970, has evolved significantly, and with it, the landscape of patent disputes. This blog aims to provide NRIs with essential insights into handling patent disputes in India, including key legal considerations and strategies for effective resolution.

Understanding Patent Disputes

What Is a Patent Dispute?

A patent dispute arises when there are disagreements over the validity, infringement, or ownership of a patent. Common issues include:

Infringement: Unauthorized use of a patented invention.

Invalidity: Challenges to the validity of a patent based on prior art or other grounds.

Ownership: Disputes over who holds the patent rights.

Why NRIs Should Care

For NRIs with patents in India or interests in Indian companies holding patents, understanding how to navigate these disputes is critical. Patent disputes can impact revenue, market position, and international relations, making it essential to address them promptly and effectively.

The Patent Dispute Resolution Process in India

1. Pre-Litigation Strategies

Before initiating litigation, consider these steps:

Patent Audit: Review your patent portfolio and evaluate the strength of your patents.

Cease and Desist Letters: Address potential infringements before escalating to court.

Negotiation: Engage in discussions with the opposing party to reach a settlement.

2. Litigation

If pre-litigation strategies do not resolve the dispute, litigation may be necessary. The Indian court system handles patent disputes, with the following steps:

Filing a Complaint: Initiate legal proceedings by filing a complaint with the relevant court.

Evidence Collection: Gather and present evidence to support your claims.

Trial and Judgment: The court will review the case, and a judgment will be issued.

3. Alternative Dispute Resolution (ADR)

ADR methods, such as arbitration and mediation, offer a less formal approach to resolving disputes and can be quicker and more cost-effective than traditional litigation.

Key Considerations for NRIs

1. Jurisdiction and Venue

Determine which Indian courts have jurisdiction over your case. The choice of venue can impact the outcome, so understanding local regulations and court practices is essential.

2. Legal Representation

Engage a reputable law firm with experience in patent disputes and a deep understanding of both Indian and international patent laws. A local firm with expertise in handling NRI cases can be invaluable.

3. Cultural and Legal Differences

Be aware of the cultural and legal differences between your home country and India. Understanding these nuances can aid in navigating the legal process and avoiding common pitfalls.

4. Documentation and Compliance

Ensure that all patent-related documentation is complete and compliant with Indian regulations. Proper documentation can be crucial in both preventing and resolving disputes.

Finiscope: Your Partner in Patent Dispute Resolution

At Finiscope, we specialize in providing comprehensive legal solutions for NRIs involved in patent disputes in India. Our team of experienced attorneys understands the intricacies of Indian patent law and offers tailored strategies to address your specific needs. Whether you’re dealing with infringement issues, challenging a patent’s validity, or resolving ownership disputes, Finiscope is here to guide you through every step of the process.

Why Choose Finiscope?

Expertise: Our attorneys have extensive experience in patent law and dispute resolution.

Personalized Service: We offer customized legal strategies based on your unique situation.

Global Perspective: We understand the complexities faced by NRIs and provide solutions that align with international standards.

Conclusion

Navigating patent disputes in India can be complex, especially for NRIs. However, with the right knowledge and legal support, you can effectively manage and resolve these issues. At Finiscope, we are committed to providing expert guidance and ensuring that your patent interests are protected. For more information or to discuss your case, contact us today.

for more information

[ccalegalfirm]

Understanding The Intellectual Property Rights: A Comprehensive Guide

Intellectual Property laws protect the rights of a person or an organization which creates innovative works. These innovative works include technical inventions; works of art, names and symbols used for commercial purposes and are protected by different categories of intellectual property rights including patents, copyrights, trademarks, geographical indications, industrial designs etc.

Patents– Our lawyers facilitate the protection of an innovator’s patent rights across various technological areas. We provide services in conducting accurate prior art searches, freedom to operate analysis, drafting, filing and prosecution of patent applications and our team is well-equipped to handle complex opposition proceedings, respond to invalidity actions as well as providing well-thought out advise on validity and infringement.

Copyright o Registration, assignment, infringement of a copyright; o Software programs copyright; o Drafting deeds for transfer of copyright and royalty, etc o Registration of Copyright o Assignment of Copyright o Infringement of Copyright o Software Programs Copyright o Drafting Deeds for Transfer of Copyright and Royalty, etc

Trade Mark (India and International) • Online Trademark Searches USPTO, EPO, CIPO, IPO o Online Trademark Filing with USPTO, EPO, CIPO, IPO o Prosecuting Trademark Applications with USPTO, EPO, CIPO, IPO o Trademark Registration with USPTO, EPO, CIPO, IPO o Trademark Renewal o Trademark, Infringement Analysis/ Opinion o Status of Trademark Registration/ Scope of Trademark protection o Trademark Portfolio Management o Trademark Watch & Litigation o Trademark Opposition o Trademark Rectification o Trademark Removal o Action of Infringement & Passing Off o Assignment of Trademarks o Trademark Licensing and Transmission o Drafting Deed Form o Consequent Registration of Assignment

cclegalfirm through its Advocates and Solicitors provides you multiple law services like Corporate Law, Contract Management, Project Consultancy, Startup Law Services, Family Law, Criminal Litigation, Labor Law Services. Are you also looking for Advocates & Solicitors for yourself then you have come to the right place, contact us today.

Content Source - Understanding The Intellectual Property Rights: A Comprehensive Guide

[fortunatelyswagwinner]

Contact for Services : https://www.ideationip.com/ ,  Email: mail@ideationip.com

[seemabhatnagar]

Ratification of an act by the competent authority binds the Principal legally

Municipal Commissioner Jamnagar, Municipal Corporation & Anr. v. R M Doshi

Decided on 02.05.2023 by Supreme Court of India

 Fact: This is a case where a Civil Engineer R M Doshi, (Respondent in this case) working with Municipal Corporation Jamnagar was found to have committed certain #irregularities with respect to execution of work within the Municipal Corporation of Jamnagar. #Charge sheet was issued against him to which he didn’t agreed. #Departmentalinquiry was initiated and inquiry report was provided to him along with the notice as to why major penalty be not issued under Gujrat Civil Services Rules 1971. Respondent replied to the show cause notice. Respondent was #dismissed by Commissioner Municipal Corporation.

#Dismissalorder as well as the authority of the #Commissioner was #challenged before Single Judge of Gujrat High Court. Single judge held that the Resolution passed by the General Board of the Jamnagar Municipal Corporation did not empower the Municipal Corporation to initiate and/or to conclude the disciplinary proceedings for the alleged irregularities or negligence in the present case.

Single Judge set aside the order of dismissal passed by the Commissioner solely on the ground that the Commissioner had no authority and/or power to impose any major penalty upon the respondent for the misconduct proved.

The order of the Single Judge was challenged in #LetterpatentAppeal before Division Bench of the Gujrat High Court. The Division Bench of The High Court confirmed the order of the Single Judge and dismissed the Letter Patent Appeal

Aggrieved by the dismissal of Letter Patent Appeal, #CivilAppeal was filed before the #ApexCourt.

Issue: The Municipal Commissioner who passed the order of dismissal had no power / authority to impose the penalty of dismissal on the respondent.

Argument on behalf of the Municipal Corporation: Resolution authorized the Commissioner to pass the final order of penalty and the said delegation covers all kinds of works including purchases and other execution of work in which it is found that the officer has committed irregularity and/or had acted in a negligent manner.

It is submitted that in any case, thereafter, the decision of the Commissioner to dismiss the respondent from service was placed before the General Board and the General Board subsequently ratified the action taken by the Commissioner. It is submitted that even if the order passed by the Commissioner can be said to be invalid, the same is be ratified subsequently and the defect is said to have been cured.

Observation of the Apex court

i. In the Departmental proceedings charges and the misconduct alleged against the respondent have been proved, which has been even confirmed by the learned Single judge.

ii. However, thereafter, solely on the ground that the Commissioner, who passed the order of dismissal had no power / authority to impose the penalty of dismissal on the respondent has quashed the order of dismissal with all consequential benefits and the same has been confirmed by the Division Bench.

iii. Any irregularity complained of by the respondent on the authority exercised by the Commissioner to dismiss him stood ratified by the competent authority (General Board) thereby making an invalid act a lawful one in conformity with the procedure prescribed under the Act and the Rules.

Decision: The Division Bench of the Hon’ble Apex Court comprising Hon’ble Mr. Justice M R Shah J & Hon’ble Mr. Justice J B Pardiwala J quashed and set aside the order passed by Single Judge of Gujrat High Court as well as the order passed in Letters Patent Appeal by the Division Bench of the Gujrat High Court.

It was further submitted that the decision of the Commissioner to dismiss the respondent from service was placed before the General Board and the General Board of the Corporation vide its subsequent resolution, ratified the action taken by the Commissioner. The said ratification relates back to the order of dismissal passed by the Commissioner and the defect is cured after ratification.

Seema Bhatnagar

[taxacademy]

Trademark Registration Process Documents Eligibility

Everything about Trademark- Whenever we buy a company’s product, before buying that product, we check its trademark for the identity of that product because many companies give us the product. Today we will tell you about this trademark and what a trademark is. Along with this, how does trademark registration occur, and what documents are required.

What is a trademark?

A trademark is the “brand” or “logo” that you use to distinguish your product from your competitors. Any word, name, symbol, or device can be a trademark; the trademark is used to identify a business and distinguish between the goods of goods manufactured by a manufacturer or seller or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.

What do you need a trademark?

After the information given above, the question will be raised in your mind what does a company need a trademark after all? So let me tell you that a trademark is also an intellectual property right. The trademark on an item shows that it is being made on behalf of a particular company. A trademark is used by an individual, business organization, or legal entity for its product or service. Usually, a name, sentence, logo, particular sign, design, or picture is trademarked. All the products of a particular company have its trademark on them.

What is a patent?

While climbing the stairs of the entrepreneur, never forget that the ideas that have come to your mind can also come to someone else’s mind. But the idea is considered to be the one that gets it officially registered. This process of entering the idea itself is given the name of the patent. The patent of an idea will bring its earnings to your pocket. If a person or entity copies you’re patent by patent, it will be considered legally invalid; the person or entity who copied your patent can be processed. The patent holder can also sell his patent to another person or entity. The maximum limit for patenting a product or item is 20 years.

Differences in copyright, trademark, and patent

Copyright is simply a form of intellectual property; it is different from trademarks, which protect from other people’s use of brand names, mottos, logos, and other source identifiers. Copyright is also different from patent law, and patents protect your inventions.

How to apply for trademark registration?

You must have known that now tells you how to register a trademark. Let us tell you that the trademark registration can be done online by visiting the website of the Control General of Patent Design and Trademark website. The entire registration process of trademarks in India takes one and a half to two years.

You can register for trademarks both online and offline. For registration, first of all, do a trademark search, or you can also apply through the official website of the Government of India, Ipi.

Fill out the application form and submit it to the Office of the Registrar of Trademarks. After getting approval later, you can use the symbol for ® your company or product. If the Trademark Examiner finds fault with your application, he will raise your Trademark Objection.

Documents required for trademark registration

Different documents are required for the trademark registration according to the ownership of different companies. For personal trademarks -If you are entering your trademark registration as an individual, the following documents are required:

• Trademark questionnaire or PAN, and Aadhaar, DL, Passport

• Power of Attorney (POA)

For the private limited company-

• Trademark Questionnaire

• Divisional resolution

• Power of Attorney (POA)

For Limited Liability Partnerships-

• Trademark Questionnaire

• Divisional resolution

• Power of Attorney (POA)

• For ownership

• Trademark Questionnaire

• Power of Attorney (POA)

For the Partnership Firm-

• Trademark Questionnaire

• Power of Attorney (POA)

For the society-

• Trademark Questionnaire

• Power of Attorney (POA)

For the trust-

• Trademark Questionnaire

• Power of Attorney (POA)

For the Hindu Undivided Family (HUF) –

• Trademark Questionnaire

• Power of Attorney (POA)

Benefits of Trademark Registration

The benefits of trademark registration are as follows:

After registration, you become the legal owner of that trademark. Because of this, no other person or company can use your trademark without your permission. If a trademark is not registered, it cannot be filed against any other company.

• Through the trademark, the company is able to create a good identity among its customers, so that the customer does not have much problem in searching for the product.

• The biggest advantage of the trademark is that the brand and name of the company are protected in it, if the trademark has been registered by a company, then you can take action against it if it is used by any other traders.

• Through the trademark, the company is able to create a good identity among its customers, so that the customer does not have much problem in searching for the product.

[ideationip]

Shakti Pumps: Maiden Patent for a unidirectional Solar Water Pump

Shakti  Pumps (India) Limited, one of the leading manufacturers of energy-efficient pumps has been provided a patent for a Unidirectional Solar Water Pump with a Grid-tied Power generation system. This is an astonishing moment in the history of Shakthi Pumps.

The new invention (Unidirectional Solar water Pump) guarantees maximum performance by utilizing the panels to give additional power to the grid. This technology saves water by limiting the pump's discharge as per the water need.

Dinesh Patidar (Managing Director of Sakthi Pumps) is expecting the same success for the 28 Patents to which they have applied.

File a Patent for your innovation easily and know whether your invention is a new or an existing one through services like Novelty Assessment, Prior Art Searches, Validity and Invalidity Searches.

[devnagriai]

Why Legal Translation Must Be Accurate? Find Reasons

Businesses use legal translation services regularly, whether they are finalizing a considerable corporate agreement across borders or working on a bit of transaction in their main office. Because of legal papers' specialized and thorough character, there is no opportunity for mistakes. A single blunder might have disastrous effects for the company and those parties involved.

Legal translation requires specialized knowledge that can only be obtained by working with a legal translation business. The following are the top five reasons why expert legal document translation services are required for legal translations:

Legal Translation Errors are Costly

The financial devastation that a mistake might create is one of the most compelling reasons to use a legal translation business. Correcting inaccuracies in legal papers is costly. They may result in high penalties, lengthy delays in the legal process, or expensive legal battles. Even a minor mis-translation may affect the whole meaning, rendering it invalid.

However, the penalty for such a mistake goes beyond money. It might result in a tarnished image, a loss of client trust, fewer commercial possibilities, legal consequences, or even prison time.

Also Read: What to look for in the best translation firm for your business?

Subject Matter Expertise is Essential

Anyone who has ever read a legal document is aware of the specific vocabulary used in the legal sector, which may be challenging to grasp. While a translator may be fluent in source and destination languages, they may be unfamiliar with legal terminology and ideas. Consequently, crucial ideas may be overlooked or misrepresented throughout the translation process.

Furthermore, each section of the legal profession uses its own set of words, necessitating even greater specialization on the translator's part. Patent applications, for example, are pretty thorough and must meet the standards of all of the nations concerned. A company seeking a patent should use a legal translation services agency specializing in patent law to guarantee that the procedure runs smoothly.

Also Read: How to Grow Your Small Business across India with Localization

Legal Requirements are Different in Other Countries

When working on a legal document translation, it is essential to remember that each nation has its legal system with its own rules. Furthermore, different areas within a nation may have their own set of legislative restrictions. Legal procedures and transactions might vary significantly from one location to another.

Contract with a legal translation company with professionals in international law who can sort through all of the laws to guarantee that all criteria are followed. It has been stated that approximately 60 percent of the people complained that limite support over language translation has made them think many times about availing the online services. The legal translation services make it easy for the users to read the laws and policies laid by the companies.

Also Read: Create the desired business reputation with excellent media translation services

Localizing Documents is Vital

While a correct translation from one language to another is necessary, it is also critical to localize thoughts and ideas. The translator would have to ensure that all terms are culturally appropriate and consider the region's customs and subtleties as part of the localization process.

The final paperwork will be culturally acceptable if the translation company uses native speakers. Furthermore, since many words have many meanings, the translator must evaluate the proper usage of a word or phrase and choose the one that best conveys the message. Native speakers would also be aware of the optimal wording for legal documents.

Also Read: A Helpful Guide to Choosing the Best Voice Over Translation

Certificates of Accuracy Are Often Required

When legal papers must be translated, many courts, governments, and businesses will need accuracy certifications before proceeding. Providing such a certificate helps all parties involved since everyone can feel secure that the original and translated documents are identical. Business contracts, court transcriptions, adoption paperwork, and marriage, death, and birth certificates are among the documents that need certification.

Legal transactions are an unavoidable component of doing a company. Therefore legal document translation choices should be made carefully. Working with a qualified legal translation services provider is essential when it comes to legal translations. It helps guarantee that the translation is accurate, culturally appropriate, and compliant with all legal standards.

[analystip]

Best IP Service Firm for Trademark Services | AnalystIP

It is essential to file a trademark for your brand name to protect your brand. However, if you do it by yourself, you will find yourself confused because the process can get quite complicated. Hence, it would be best to seek out help from an IP service firm for your Intellectual Property needs, such as filing a trademark. AnalystIP is the best IP Service Firm for Trademark services in India. They will not only protect your brand name in India but also for moreover one hundred fifty countries.

Best IP Service Firm for Trademark Services: AnalystIP

AnalystIP provides IP services such as trademark filing, patent filing & search, patent drafting, office action response, patentability search, FTO Clearance search. The checking of validity & invalidity, trademark filing, and a patent drawing. Whatever your IP needs, AnalystIP can give you satisfaction to achieve your IP solutions and IPR patents or a trademark for your brand name.

AnalystIP is a firm located in India, Noida, Uttar Pradesh, that has the vision to provide cost-effective Intellectual Property services with the combination of legal & technology. Their unique process, Advisory, Prosecution & Protection, will assist you in making your decision more efficiently and turning innovation into commercial success. Moreover, the wide range of services offered in Patent, Trademark, and Copyright makes us one platform for all your IP requirements; AnalystIP is determined to provide all intellectual property solutions from one platform. Thus making AnalystIP; one of the best IPR service firms in India.

AnalystIP provides one solution for all global patent applications filing PCT national phase entry in India and other jurisdictions in the World in the most ergonomic manner possible, and they handle prosecution matters. AnalystIP experts are well-versed with Indian & International Patent Law. Hence, with rich experience in filing and prosecution, they can give you professional assistance and consultancy for your Patent Application in India & around the World.

Overall, AnalystIP is the best IP Service Firm to provide all of your IP solutions, such as a trademark for a brand name. You will have a one-in-all solution for protecting your invention and investigating a patent in India and over fifty countries. You will have automatic docketing and a deadline reminder of upcoming actions by AnalystIP. The documents are made accessible to AnalystIP clients via the cloud. Thus clients can get automatic updates for the ongoing project to stay updated on the IP solutions and IP consultancy.

[knowledgentiaconsultantia]

PATENT CONSULTANTS IN INDIA

A patent is an exclusive legal right given to its holder/inventor to control the use of its invention within a limited area and restricting any third party to make, use or sell the invention without the prior authorization from the original. It excludes third parties from making, using, selling, or importing the patented product or process without prior approval of the rightsholder. At Knowledgentia, we have one of the best patent consultants in India who can not only advise for patent filing locally but also offer valuable advice for global IPR protection. Any invention that is new, involving inventive step and capable of industrial application can be patented. The following points specifically elaborate on this aspect:-

ABSOLUTE NOVELTY: The invention should be new and not disclosed to the public anywhere in the world in any form or through any medium.

INVENTIVE STEP/NON-OBVIOUSNESS: The invention should not be obvious to a person skilled in the art in the relevant area of technology and should involve an inventive feature which is distinctive in nature.

INDUSTRIAL APPLICATION: The new product or process should be capable of being made or used in an industry and it should have economic significance.

As one of the best corporate international law firm in India, we offer all kind of support with respect to filing, drafting and enforcement of patents including technology transfer and commercialisation.

FOLLOWING STEPS DESCRIBE THE PROCEDURE TO OBTAIN A PATENT IN INDIA:-

PATENTABILITY AND PRIOR ART SEARCH

FILING A PATENT APPLICATION

PUBLICATION OF PATENT APPLICATION

PATENT EXAMINATION

PATENT OBJECTIONS

GRANT OF PATENT

We are one of the best law firm in India with our team consisting of experts from all technology domains to conduct wide range of specialized patent searches for all business requirements. With respect to patents, we undertake advise on following services:

PATENT REGISTRATAION SERVICES: Patent Registration services including Patent Search for all domains of technology- prior art search, patent landscape, infringement analysis, invalidation searches, Freedom to operate analysis, patent/technology audits and due diligence.

PATENT MANAGEMENT SERVICES: Drafting and filing of patent applications, filing request for examinations, follow-up for first examination reports, preparing and maintaining portfolio in case of more than one patent by same applicant, managing renewals, deadlines, national and international portfolios maintenance, regular status-check and updating clients.

DRAFTING & FILING PATENT APPLICATIONS (PROVISIONAL AND NON – PROVISIONAL/COMPLETE): We handle complete and provisional patent specification drafting for all technology domains.

INTERNATIONAL PATENT APPLICATIONS: We file international PCT applications as well as convention applications. We also handle national phase filings for our clients.

PATENT PROSECUTION: We also undertake Patent Litigation in India, in case of any infringement.

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[f1chronicle]

In the pit lane – Gene Haas to decide

Last week Kevin Magnussen and Romain Grosjean learned their services are no longer required by the Haas team. Grosjean told L’Equipe that team boss Guenther Steiner informed him that financially Haas needs two pay drivers.

What Next For Haas?

With that news, the rumour mill went into full speed with Sergio Perez, Mick Schumacher, and Nikita Mazepin all names in the frame.

The question is why are Haas desperate enough they may go with two rookies?

Haas finds themselves like most of the teams under financial pressure and to understand their predicament, we must examine their income.

Haas spends in the region of $130m and in 2019 received $56m for their share of monies distributed to the teams by Liberty Media and sponsorship revenue estimated at $83m enabling the team to balance the books.

The first major problem is next year the teams will get approximately half the usual amount of money from Liberty Media because revenues have fallen by that amount this year due to the pandemic.

So, for Haas that is a protentional $28m shortfall.

The second issue is the sponsorship revenue, Haas only has eight sponsors, contrast that to McLaren with forty-eight.

Watchmaker Richard Mille and clothing brand Jack & Jones each pay an estimated $5m. It is believed the remaining sponsors pay a total of $10m leaving Haas Automation as the title sponsor paying upwards of $63m.

This may be keeping Gene Haas awake at night as Haas Automation is vulnerable financially due to economies worldwide heading into or already in recession due to the pandemic. It is worth noting Haas sells its products in 100 countries.

History shows us that Haas Automation suffers during recessions as customers cut back on capital expenditure. After the 2008 crash, Haas Automation cut its workforce by 30% with a loss of 400 jobs.

To add to his worries Haas has recently invested £27.4m to purchase 279 acres of land in Nevada to build a new factory.

Kevin Magnussen, Haas F1 and Romain Grosjean, Haas F1 reveal the VF-20 with Gene Haas, Owner and Founder, Haas F1 and Guenther Steiner, Team Principal, Haas F1 during the Barcelona February testing I at Circuit de Barcelona-Catalunya on February 19, 2020 in Circuit de Barcelona-Catalunya, Spain. (Image courtesy Haas F1 Team)

Gene Haas has always played the long game, he delayed Haas entry into F1 by a year to allow the correct organisation structure and partners to be put in place.

It was speculated that Haas turned down three offers for the team in 2019 with the bidders understood to be Mazepin, the Saudi sovereign wealth fund, and maybe Williams new owner’s American private equity firm Dorilton Capital.

Haas decided to play the long game in 2019 gambling on a new Concorde Agreement with its fairer share of revenues, budget cap, new regulations, and the dilution fund all increasing the value of the team from 2020 onwards.

The gamble would have paid off had it not been for Covid-19 and the threat the pandemic poses to the finances of F1 and the wider global economy.

In relative F1 terms, Gene Haas is not a rich man compared to the likes of Dietrich Mateschitz and Lawrence Stroll, his net worth sitting at an estimated $300m

So, what are his options?

Sign two pay drivers and bank the money, attract a new title sponsor to reduce Haas Automation’s financial contribution, or sell the team.

Signing two pay drivers will be attractive as they will have the luxury of a transition year for Haas in 2021 due to a delay in the new regulations resulting in Haas having little to lose running at the back of the grid, something the team already seem resigned to doing.

Finding a new title sponsor will be achievable but it will no doubt be at reduced rates. One option is to fulfil a long-held goal to sign an American driver which would be massively appealing to protentional American companies, something that would also have Liberty Media salivating.

In the frame is Colton Herta the 20-year-old IndyCar driver although gaining a superlicence may be a major obstacle.

Selling the team would be easily achieved as we know there are buyers witnessed by Claire Williams confirming several credible parties were interested in purchasing Williams.

It is clear Belarus-born Russian Dmitry Mazepin who owns the chemical company Uralchem wants to purchase a F1 team having lost out previously at Force India and most likely at Williams.

Mazepin’s wealth is hard to pin down with estimates varying widely between two extremes of $1.8 billion and $7.1 billion, either way, he has the money.

Various media sources have claimed that Mazepin has already tabled an offer which “few teams would refuse”, however, Haas has denied the possibility of a sale.

What may prevent Haas from selling is if he feels Mazepin is trying to take advantage of the current situation, something that will not sit easily with Gene Haas.

It is well documented Haas served 16 months of a 24-month prison sentence and paid a $75m fine after pleading guilty to conspiring to commit tax evasion in 2008.

But it was not a simple case of greed, his motivation was to correct a perceived wrong.

Haas refuse to pay licence fees to the machine tool competitor Hurco claiming he considered Hurco to have an invalid and out-of-date patent.

A three-year dispute ended when Haas lost a subsequent court case and had to pay $8.9m as settlement on damages.

Haas told John Phillips, the company’s former chief financial officer and eventual whistleblower he was so angry that he vowed to recoup the millions of dollars he lost and blamed the government

“Haas told Phillips that he was going to get back his $8.9 million … with an additional $8.9 million … as punishment by writing off his tax debt,” federal investigation records state.

So, we know Gene Haas is a man who will take whatever action he deems appropriate.

In the interests of balance, it is fair to state Gene Haas has an admirable track record of philanthropy since 2001 through the Gene Haas Foundation.

So, all will be revealed in due course, but the last word goes to a man who knew a thing or two about deals, Bernie Ecclestone who once commented,

“There’s a lot of teams that if somebody comes along with the right cheque, they would sell, not because they want to, but because commercially they probably think it would be the right thing to do.”

Garry Sloan is the author of “In the pit lane – F1 exposed” details at inthepitlane.com Copyright ©2020 Garry Sloan

[Note: The opinions expressed on this website are those of the author’s and do not necessarily reflect the opinions of the editors and/or publishers.]

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National Startup Advisory Council to be set up by Central Government, EPO publishes six search reports and more

New Post has been published on https://www.bananaip.com/ip-news-center/national-startup-advisory-council-to-be-set-up-by-central-government-epo-publishes-six-search-reports-and-more/

National Startup Advisory Council to be set up by Central Government, EPO publishes six search reports and more

In this week’s Patent News – National Startup Advisory Council to be set up by Central Government; HCL launches Microsoft Business Unit to fire production of Intellectual Property; Xilinx files counter claims in lawsuit instituted by Analog Devices for alleged patent infringement; EPO’s Academic Research Programme rolls out six Research Reports, for the very first time and other news updates.

INDIA PATENT NEWS

HCL launches Microsoft Business Unit to fire production of Intellectual Property

Indian multinational IT services company, HCL Technologies Ltd., has joined hands with Microsoft Corporation to launch a new Business Unit. According to the announcement made by HCL on 21st January 2020, the HCL Microsoft Business Unit is expected to increase the creation of Intellectual Property and also offer support to clients in the field of financial services, healthcare and life sciences, manufacturing, retail, and travel industries. Through the new Business Unit, HCL will have access to Microsoft’s Business Applications, IoT, and AI/Machine Learning, Microsoft Dynamics 365, Microsoft Azure, Microsoft 365 and Windows 10. In addition to this, the collaboration of the two tech giants will bring over 5000 professionals together.

National Startup Advisory Council to be set up by Central Government

The Central Government recently issued a notification indicating the structure of the National Startup Advisory Council that is expected to be set-up in the near future. The Advisory Council will be chaired by the Ministry of Industry and Commerce. According to the press release of the Ministry, the Advisory Council will suggest measures to “promote ease of access to capital for startups, incentivize domestic capital for investments into startups, mobilize global capital for investments in Indian startups, keep control of startups with original promoters and provide access to global markets for Indian startups, keep control of startups with original promoters and provide access to global markets for Indian startups.” The setting up of the Advisory Council is also expected to improve India’s rank in the World Bank’s – Ease of doing Business Index where India secured the 63rd position, in 2019. The Advisory Council will offer guidance to startups in matters of protecting and commercializing Intellectual Property Rights. The members of the Advisory Council will comprise of official as well non-official members. The names of the non-official members will be nominated by the Centre. These nominated members will serve a two-year term.

PATENT DISPUTES / INFRINGEMENTS / SETTLEMENTS/ LICENSING

Xilinx files counter claims in lawsuit instituted by Analog Devices for alleged patent infringement

On 21st January, Xilinx, Inc., the American Semiconductor manufacturer responded to the complaint filed by Analog Devices Inc. in the United States District Court for the District of Delaware. The complaint filed by Analog Devices, in the month of December 2019 alleged Xilinx of infringing eight of its patents. The patents at issue, namely – United States Patent No. 7,719,452; 7,663,518; 6,900,750; 10,250,250; 7,274,321; 7,012,463; 8,487,659 and 7,286,075, primarily relate to technologies involving – serializers/deserializers (SerDes); high-speed analog-to-digital converters (ADCs); digital-to-analog converters (DACs) and mixed-signal devices targeting 5G, without authorization. In addition to the counterclaims, Xilinx has stated nine additional defenses including Non-Infringement, Invalidity, Estoppel and others. You may click here to view the as-filed counterclaims of the Xilinx. The company has also requested the Court to grant a preliminary injunction.

INTERNATIONAL PATENT NEWS

EPO’s Academic Research Programme rolls out six Research Reports, for the very first time

The European Patent Office (EPO) published six Research Reports that were developed with funding from its Academic Research Programme. The Academic Research Programme was launched by the EPO in 2017 with the objective of encouraging research in the field of patents and to promote the dissemination of research findings. A total of 300,000 Euros were awarded for the research projects. The final results of the research were presented at a workshop that was recently hosted by the EPO in Munich. During the research period, researchers used patent data to delve deeper into topics such as financing for innovation, knowledge transfer, trade, tracking inventions in the marketplace, and the growth of technologies to tackle climate change. 

The program’s scientific committee selected the six research topics from amongst 66 submissions from 13 different countries after which the call for proposal was held in 2017. The six Research Reports are as follows:

Innovation and technological content of imports

Insights from product-patent correspondence

Financing innovation in Europe

CAPPA – Career paths of patent attorneys

Knowledge spillovers from product and process inventions in patents and their impact on firm performance

Innovation in climate change mitigation technologies and environmental regulation

Source: https://www.epo.org/news-issues/news/2020/20200123.html

 Authored and compiled by Vibha Amarnath

About BIP’s Patent Attorneys

The patent news bulletin is brought to you by the patent division of BananaIP Counsels, a top patent and IP firm in India. Led by Senior Partners, Somashekar Ramakrishna, Nitin Nair and Vinita Radhakrishnan, BIP’s Patent Attorneys are among the leading patent practitioners in the country. They work with clients such as Mahindra and Mahindra, Samsung, HCL, Eureka Forbes, to name a few. The patent attorneys at BIP have strong technical and legal expertise in areas such as IT/Software, Artificial Intelligence (AI), Machine Learning, Data Analytics, Electronics and Telecommunication, Mechanical, Automotive, Green Energy, Traditional Medicine and Bio/Pharma domains. The firm is a first choice for clients looking for support in patent filing, prosecution, management and strategy in India, and across the world.

This weekly patent news bulletin is a part of their pro bono work, and is aimed at spreading patent awareness. You are free to share the news with appropriate attribution and backlink to the source.

If you have any questions, or need any clarifications, please feel free to write to contact@bananaip.com

Disclaimer: Kindly note that the news bulletin has been put together from different sources, primary and secondary, and BananaIP’s reporters may not have verified all the news published in the bulletin. You may write to contact@bananaip.com for corrections and take down.

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Ingenious e-brain is one of the best ip and patent companies in India providing highest quality services like patentability/novelty, invalidity, infringement, freedom to operate, landscape, patent watch searches and many more.

[juudgeblog]

Case Study of Ericsson’s dispute with Indian Mobile Manufacturers

In this article, Deepshikha Sarkar does a case Study of Ericsson’s dispute with Indian Mobile Manufacturers.

Background of the case

Ericsson is an IT and communications equipment and services Swedish multinational who sued Micromax an Indian mobile handset manufacturing company.

Ericsson being the largest holder of SEPs regarding technology including 2G (GSM, GPRS, EDGE),3G ( UMTS, WCDMA, HSPA),4G (LTE) sued Micromax for patent infringement in March in the Delhi High Court as-as result of which the court ordered the parties to enter into a contract under FRAND terms on an ad-interim basis for one month with certain prescribed royalty rates a mediator was appointed too.

This step above failed, and in June 2013 Micromax sued Ericsson with the allegation that the setting of royalties by Ericsson was completely unfair and abusive.

Intex is a company incorporated in India with a business which includes TVs, DVD players, Headphones and predominantly mobile phones. In 2013 Intex sued Ericsson on the same terms as Micromax stating that their royalty setting was discriminatory and abusive also. The suit also contained a patent infringement claim against Intex for the same patents it had sued Micromax for initially in March 2013.

What is Ericsson’s business model and what was the issue in this case?

Ericsson is a Telecom giant incorporated in Sweden. As a part of its business model, it believes in licensing its Standard Essential patents and the reinventing the royalties receives into research. This facilitates global collaboration and commercialization for best technological standards in the business.

ISSUES

Whether Ericsson is the registered proprietor of the suit patents?

Whether Ericsson has offered to Intex a license on fair, reasonable and non-discriminatory (FRAND) terms and conditions?

Whether Ericsson has offered to Intex a license on fair, reasonable and non-discriminatory (FRAND) terms and conditions?

Whether Intex and Micromax are an ‘unwilling licensees’?

Whether Intex and Micromax has negotiated in a bonafide manner with the Ericsson to take a license in respect of the Ericsson’s Standard Essential Patents

Whether Intex and Micromax are infringing the suit patents?

Whether the suit patents are invalid in nature and are liable to be revoked in the light of the grounds raised by Intex and Micromax in its counterclaims?

Whether Ericsson is entitled to damages/payment of royalties from the Intex and Micromax for sales made by it of devices working as per the Ericsson’s patented technology and if so, since what period and for what amounts?

How Ericsson tried to use Indian customs law to protect its IP rights?

Intellectual Property Rights (Imported Goods), Enforcement Rules, 2007 was used the by Delhi High Court to hold that Ericsson would be allowed to work with Customs officials to inspect the importation of the consignments of Micromax and Intex.

As per the Judgement, the Ericsson was able to direct Customs authority to restrict importation of Intex’s mobile devices which infringed the suit patents.

During the pendency of the suit, the Micromax was asked to pay money to the court if they intended to keep importing and selling its products in India without the customs impounding their consignment.

Along with that, in the Licensing agreement which was entered into by Micromax and Ericsson also contained a clause in which Micromax undertook to make a deposit of interim payments in Court within five working days of the intimation by Customs of the arrival of their consignment. After which Ericsson shall inspect the consignment and inform the Customs Authorities that it has no objection and only then would the consignment be handed over to Micromax.

The effect of this clause continued as a director of the Court as a part of the final judgment of as well.

Did the court grant favorable interim or final orders for Intex?

No, there were no favorable interim or final orders for Intex in the matter, in fact, all the orders passed were adverse.

Regarding the issue of Patent infringement, the Court held that since the SEPs (suit patents- AMR, EDGE, 3G) are incorporated in the handsets sold by Intex and hence there is an infringement of the suit patents.

It was also held that the royalties set by Ericsson were justified as they were equal to that asked from other licensees and there was no discrimination.

The court directed the Central Board of Excise and Customs and Commissioner of Customs not to allow import of such goods which infringe the suit patents.

For the interim period of pendency of the suit the court decided royalty rates and fixed the period for the payment of the same, and this payment was to continue in 6 months till the disposal of the suit. 50% of which amount was to be paid to Ericsson directly and 50% as bank guarantee to the Registrar General of the Court. There was a restraining order on the manufacture, assembly, importation, sale, an offer of sale or advertisement of any product that used the suit patents as a part of their technology during the pendency of the suit.

About the time period before the suit, Intex was directed to furnish accounts form the date of use of the suit patents to date of filing of the suit.

Also, the court dismissed Intex’s claim of the invalidating the suit patents. The court held that the suit patents were compliant with the Patents Act, 1970.

The court held that the infringement suit by Ericsson was valid and not only had Intex infringed the patents but also acted in bad faith when it did not negotiate to enter into a licensing agreement on being approached by Ericsson for monetary benefit.

Did Indian players dispute Ericsson’s rights or was there a dispute on the quantum of royalty?

Intex and Micromax questioned both the Indian companies claimed the following:

One of Micromax’s complaint to the CCI in 2013 was that Ericsson was abusing its dominant position by charging exorbitantly high royalty in a discriminatory manner.

Intex challenged Ericsson practice of “charging royalties on the basis of the sale price of the mobile phone as opposed to the profit margin on the sale price of the baseband processor/chipset.”

Intex asserted by citing US Courts decisions that ‘use of exclusionary remedies by owners of alleged SEPs has been frowned upon by US courts as well which are usually perceived as being pro-patentees,’ thus arguing that the court should not grant an injunction against Intex.

The Indian Companies also alleged that the statutory obligations laid down under Sec 8 of The Patents Act,1970 were not followed by Ericsson and enough foreign prosecution details about corresponding patents were not disclosed.

The validity of the suit patents were challenged as well, on the basis of  Sec 3(k) and Section 3(m) of the Patent Act 1970.

How did they calculate royalty?

The interim Royalty rates decided were as follows:

Date Phones/ GSM Devices Phones/ GSM + GPRS Devices Phones/ GSM + GPRS + EDGE Devices WCDMA/HSPA phones/devices, 19/03/13-earlier interim order 1.25% of Net Selling Price 1.75% of Net Selling Price 2% of Net Selling Price 2% of Net Selling Price Date of filing of the suit to 12/11/15-later interim order 0.8% of Net Selling Price 0.8% of Net Selling Price 1% of Net Selling Price 1% of Net Selling Price 13/11/15-12/11/16 0.8% of Net Selling Price 0.8% of Net Selling Price 1.1% of Net Selling Price 1.1% of Net Selling Price 13/11/16-12/11/20 0.8% of Net Selling Price 1% of Net Selling Price 1.3% of Net Selling Price 1.3% of Net Selling Price

Micromax complained that the royalty demanded by Ericsson was unfair related to the SEPs. They contended that the royalty should be based on the patents relating to the chipset technology and not in an unfair and arbitrary manner by calculating royalty as a percentage of Net Selling Price of the licensed downstream product.

According to Ericsson since there was no one in the market with even a close alternate technology and that is why they believed that they had the right to charge royalty at the rates mentioned above.

The Court agreed with Ericsson and held that the net Selling Price of the downstream product is a valid base for calculation of royalty. The Court ordered that FRAND licensing agreement should calculate royalty derived from “sound economic reasoning.”

When the case(Micromax) was before the CCI before coming to the Delhi High Court. On 12/11/2013, the CCI held that as per Section 26(1) of the Competition Act, 2002, “Ericsson holds a dominant position in the market for devices that use GPS/GPRS/EDGE standards as it is the largest holder of SEPs in India relating to 2G,3G, and 4G.”

Did Indian players dispute Ericsson’s rights or was there a dispute on the quantum of royalty?

Although there was an Issue framed regarding the validity of the suit patents and whether Ericsson’s patent rights were valid or not? The primary issue ( and discussion) was regarding the method of calculation of royalty and whether such royalty was charged on FRAND terms or not.

Is this an IP issue or a competition law issue? What is the competition law angle?

This case had issues related to both Competition Law as well as Patent Law as well.

One issue regarding the “jurisdiction” of the CCI. It was dismissed simply by highlighting the fact that the matter had issues concerning purely Competition Law as well. Namely, Whether there was a prima facie case of abuse of dominance as the royalty charged by Ericsson was on the sale price of the product and not on the value of the technology of the SEP.

The judgment on the above-mentioned issue was challenged by Ericsson in the High Court saying that the Patent Act had the remedy about Licensing and the Patent Act, 1970 would override the Competition Act, 2002.

After dealing with this question of “inconsistency,” of both the Acts the Court held that the remedies for abuse of patent rights provided by both laws are quite different. The Patent Act provides the remedy of compulsory licensing for abuse of patents, i.e., a remedy in personam, while Section 27 of the Act provides various remedies that include levying penalties, cease and desist order, i.e., remedies in rem.

And hence, there was no such issue of inconsistency between both the regimes which could not be harmonized. Also, it was held that the CCI could exercise jurisdiction even though there was a pending civil suit for infringement.

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