Wadhwa Law Offices

Our Insights

Is a Lock-in Period for Employees a Restraint of Trade?

Recently, in Lily Packers Private Limited v Vaishnavi Vijay Umak, Delhi High Court held lock-in periods in employment agreements to be legally valid.

If you would like a more specific insight on the subject, reach us at [email protected] and [email protected].

A Deep Dive into India’s SEPs Litigation

The introduction of Commercial Courts Act in 2015 (amended in 2018) (“Commercial Courts Act”) categorized the IP disputes, including patent disputes, as commercial disputes to expedite commercial litigation.

If you would like a more specific insight on the subject, reach us at [email protected] and [email protected].

LGBTQ+ Allyship At The Workplace

With Pride month gone by, the gaps in the Indian legal landscape that, in effect, deny equal opportunities and safety for the LGBTQ+ community in the workplace continue to remain unaddressed.

If you would like a more specific insight on the subject, reach us at [email protected] and [email protected].

Constructive dismissal: The quiet firing

Constructive dismissal, although not expressly defined and recognised under Indian law, is a significant concern in the country’s employment landscape.
It refers to an employer’s conduct that effectively alters the terms and conditions of employment, such that it makes the work environment unbearable for an employee.

If you would like a more specific insight on the subject, reach us at [email protected] and [email protected].

Equal opportunities for women: Looking beyond sexual harassment

While workplaces in India have made significant progress during the past decade in implementing the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH act), the law still needs to address gaps in moving towards safer workplaces for women.

If you would like a more specific insight on the subject, reach us at [email protected] and [email protected].

Hanging in the balance

India’s business laws are distinctive for the severe penalties of imprisonment and public disgrace that they impose for rule violations.

Any questions, reach our Founder and Managing Partner at [email protected].

The Jan Vishwas (Amendment of Provisions) Act, 2023

The provisions of the Act pertaining to Intellectual Property—Patents, Trademarks, Copyrights, and Geographical Indications—have come into force starting August 1, 2024, pursuant to the notification by the Department for Promotion of Industry and Internal Trade. It amends certain provisions to decriminalise and rationalise offences to further enhance trust-based governance for ease of living and doing business.

If you have any questions regarding Jan Vishwas (Amendment of Provisions) Act, 2023 reach us at [email protected] and [email protected].

The Patents (Amendment) Rules, 2024

Details of corresponding foreign applications in Form-3 are now required to be filed within six months from the date of filing of the Indian application (same as earlier); and within three months of issuance of First Examination Report (FER). There is no obligation to submit regular updates within six months of filing of any new corresponding foreign application.

If you have any questions regarding Patent (Amendment) Rules, reach us at [email protected] and [email protected].

The Digital Personal Data Protection Act, 2023: Implications for B2C Entities

The Act applies to businesses that collect, store and process, and/or decide the purpose and means of processing, personal data (“Data Fiduciaries”) of their customers (“Data Principals”).

If you have any questions regarding guidance for businesses on the DPDP Act, reach us at [email protected].

The Digital Personal Data Protection Act, 2023: Implications for B2B Entities

The Act applies to businesses that collect, store and process, and/or decide the purpose and means of processing, personal data (“Data Fiduciaries”) that belongs to (among others) customers/clients, employees, shareholders, vendors, suppliers, and other service providers (each, a “Data Principal”).

If you have any questions regarding guidance for businesses on the DPDP Act, reach us at [email protected].

The Digital Personal Data Protection Act, 2023: Implications for Employers

The Act applies to employers who collect, store and process their employees’ personal data background verification, health and medical information, financial information, provision of social security benefits, security protocols such as biometrics and CCTV footage and documents pursuant to internal policies and procedures.

If you have any questions regarding India’s emerging data protection framework and its potential impact on employers, reach us at [email protected].

Second Edition | IPulse | A Quarterly IPR Update

After 25 years of negotiations, WIPO adopted the Treaty on Intellectual Property, Genetic Resources, and Traditional Knowledge associated with Genetic Resources. The Treaty is a significant win for India. India has been a proponent of this for a long time.

If you would like a copy of the newsletter, reach us at [email protected].

First Edition | IPulse | A Quarterly IPR Update

The Indian Patent Office granted over one lakh patents in the year from 15-Mar-2023 to 14-Mar-2024 which amounts to 250 patents every working day. A record number of 1532 patent orders were issued in a single day!

If you would like a copy of the newsletter, reach us at [email protected].

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