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TMT Videos & Webinars

By: Nandini Kumar – Senior Associate – TMT Law Practice

Trademarks Act, 1999 including discussion on lifecycle of a trademark in India and Protection of Film Titles

An introduction to trademark laws in India and in-depth discussion of the life cycle of a trademark from its adoption to registration. The discussion included (i) hierarchy of a strength of trademark; (ii) grounds for refusal; (iii) concurrent use; (iv) registration of parts of trademark. Practical and strategic learnings from the jurisprudential evolution were also discussed.

The second leg of the presentation was related to the current position on film title protection. The discussion included (i)Copyright vs. trademark protection of film title; (ii) Industry Practice of registering Title with Association; (iii) need for timely action to protect film title; (iv) role of goodwill of title while seeking injunction.

Importance of Trademarks in the Business of Sports.

A session on importance of intellectual property, especially trademark, in the business of sports, illustrated with the help of both International and Indian Law Jurisprudence. An in depth discussion on various aspects of trademark law: Who should register and own a trademark (Roger Federer – Nike), exploitation of image rights (case studies of the Beckham Brand, MSD and Virushka), image rights in video games (Maradona – Konami issue), ambush marketing (1996 Olympics and 1996 Cricket World Cup) advertising laws (alcohol and tobacco brands), virtual advertising (FIFA regulations), sponsorship (monetary and barter deals and use of trademarks) and merchandizing (Arsenal v. Reed and Puma – Swiss International Football team issue), obligation of players (honoring team sponsor commitments vs. individual endorsements), exclusivity and non-compete clauses (Mohamed Salah), termination of contracts, passing off (Gautam Gambhir v. Gautam Gautam Gambhir). The session concluded with a Q&A session with a detailed dialogue on advertising commitments from an organizer and broadcaster perspective.

By: Aahna Mehrotra – Partner – TMT Law Practice

By: Abhishek Malhotra – Managing Partner – TMT Law Practice

By: Sapna Chaurasia – Partner – TMT Law Practice

The Copyright Act, 1957 (as amended in 2012) from the royalty perspective.

An insight on the Copyright Act, 1957, as amended in 2012 (“Act”) from music license and royalty perspective including reviewing the relevant definitions, sections, proviso and rules to derive the possibility of inclusion / non-inclusion of certain words / phrases in the Act.

The discussion proceeded with cautiously reading certain portions of the judgements passed by the Courts on the topics since 1977 and the intent of the Parliament whilst introducing the 2012 amendment to the Act.

The session was concluded with an evaluation of the sub-judice matters on the topic and the possible stance taken by the respective parties before the Court.

Insight on Privacy Principles and EU GDPR.

A detailed discussion on the principles and concepts typical to data privacy and protection. Review of the general concepts and applicability of EUGDPR and the necessary tenets of the Personal Data Protection Bill, 2019. The discussion also accounted for data residency and data localization.

Handholding for Personal Data Inventory, Data Protection Impact Assessment, Cross-border transfers with specific reference to binding corporate rules and standard contractual clauses, was also conducted during the interaction.

By: Bagmisikha Puhan – Senior Associate – TMT Law Practice

By: Deepak Biswas – Of Counsel – TMT Law Practice

By: Sneha Herwade – Senior Associate – TMT Law Practice

By: Shilpa Gamnani – Associate – TMT Law Practice

Everything you need to know about the Insolvency and Bankruptcy Code, 2016

Beginning with the insolvency laws and restructuring prior to Insolvency and Bankruptcy Code, 2016 (IBC), the participants were given an insight on the importance and evolution of IBC. All the fundamental concepts/ definitions were explained along with relevant judgements to track the amendments and the legislative intent behind the amendments. Subsequent to this, the participants were taken through the procedural aspects of (i) Filing applications for initiating Corporate Insolvency Resolution Process (CIRP); (ii) CIRP and the conduct of CIRP by interim resolution professional/ resolution professional and committee of creditors; (iii) Fast-track CIRP; and (iv) Liquidation process. The most controversial Section 29A of IBC pertaining to eligibility criteria of a resolution applicant and interplay between IBC and PMLA were among the other aspects that were covered in the session.

Without Prejudice Correspondence

A discussion on the “Without Prejudice” privilege and the circumstances in which it is attracted. The discussion focussed on the key aspects of the rule governing “without prejudice” communications, the recognized exceptions thereto along with global as well as Indian jurisprudence on its application.

By: Shilpa Gamnani – Associate – TMT Law Practice

By: Shilpa Gamnani – Associate – TMT Law Practice

By: Atmaja Tripathy – Associate – TMT Law Practice

Basics for initiation of Arbitration

The presentation focused on how to commence arbitration in India, with a focussed discourse on he following aspects: (a) How to draft the perfect arbitration clause? (b) How to set the arbitration into motion and notice requirements under Section 21 of the Arbitration and Conciliation Act, (c) Judicial Intervention prior to commencement of the arbitration – Analysis of Section 8, 9 and 11 of the Act, (d) Reference of Disputes to Arbitration, (e) Factors that a Section 11 Court will consider while appointing an Arbitrator (f)Preliminary Jurisdictional Challenges to the Arbitration under Section 16 of the Act, (g) Concept of Arbitrability of Disputes and Arraying Non- Signatories to Arbitration. The discussion focused on a detailed analysis of precedents and the jurisprudence in the above segments. The presentation briefly captured the impact of Arbitration Amendment Act, 2019 on Section 11 petitions and ongoing arbitrations. Lastly, the session was concluded with certain pointers that parties must necessarily keep in mind to effectively invoke an arbitration and get the benefit of the arbitration proceeding.

TMT Law Practice

Established in 2008, with offices in New Delhi and Mumbai, with a network of Of Counsels across the country, TMT Law Practice is India’s premiere Law Firm in the segment of Technology, Media and Telecom, that has advised iconic clients and has been instrumental in securing landmark judgements, and is often cited for “Where Law Meets Innovation”…