Saikrishna & Associates

Our blog on "Strengthening consumer protection by TRAI: Amendment to the TCCCPR" is up!   Read more at - https://lnkd.in/d3FNGZt2   Follow our Trade and Regulatory Compliance Practice blogs for regular updates on cross-sectoral business compliance and regulations. #tradecompliance #TMT #regulations #policy #saikrishnaandassociates #dataprotection #businesscompliance #regulatory #easeofdoingbusiness Sanchit Shrivastava Suvarna Mandal

FR(AND) and Center: Delhi HC's Third POST TRIAL SEP Judgment Reinforces India as a favourable SEP jurisdiction. The Delhi High Court's third post-trial SEP judgment in KONINKLIJKE PHILIPS N.V. vs MAJ(RETD) SUKESH BEHL & ANR (CS(COMM) 423/2016, disposes of 3 suits pertaining to Philips’s DVD SEP. A brief summary is as follows: 📊 Key Highlights: • Philips awarded a total of approx USD 16.94M in damages (₹14.28 Cr) with 12% interest + approx. USD 361K (₹3 Cr) as aggravated damages, with aggravated damages being a first in Indian SEP jurisprudence. •Court upheld Philips' USD 0.03 per DVD standard rate as FRAND •The Directors of the infringing companies were held jointly and severally liable. 🛡️ Technical & Infringement Findings: Court rejected patent validity challenges, finding: •For revocation under S64(1) (m) - non-disclosure must be patent and manifest, not merely clerical errors. •The patent had sufficient technical effect and does not fall within the bar of Section 3(k) restricting patentability of computer programs per se, algorithm, business methods etc. •Court relying on interalia Intex v Ericsson, applied indirect test of infringement to hold that : o  Patent IN No. 218255 recognized as SEP for DVD technology primairily through witness testimony, claim mapping, and technical reports o Products complying with DVD standard deemed necessarily infringing FRAND Determination: o Court accepted Philips' standard rates as FRAND without examining third-party licenses/top down approach placing reliance on Philips standard license agreement and observing that the Defendants did not controvert this evidence. Director Liability ⚠️ Court pierced corporate veil, holding directors jointly and severally liable as: o Director falsely claimed DVD replication stopped while continuing unauthorized production o After "resigning" from first company, established new company at same premises to continue infringement o Directors refused to comply with court orders to furnish sales data  and provided evasive responses during cross-examination Limitation Period ⏰ o Damages calculated from 3 years prior to filing (2009) until patent expiry (2015), despite some Defendants having knowledge as early as 2006. o Departure from the Lava v. Ericsson approach where damages were calculated from date of knowledge although it held damages could be claimed from date of publication. Read the full judgement here: https://lnkd.in/g7Fc5kv9 #PatentLaw #SEP #FRAND #DirectorLiability #IndianLaw #DelhiHC #PatentEnforcement #IPRights #DVDTechnology #Section3k #TechnicalPatents

🌟 Chambers and Partners Patent Litigation Guide 2025 🌟 We are thrilled to announce our contribution to the prestigious Chambers and Partners Patent Litigation Guide 2025 for India. It is an honor to be recognized and trusted to share our expertise in the ever-evolving and increasingly important landscape of patent law. The complete guide offers all the relevant material to navigate India's patent landscape as also a brief on recent trends and developments in the patent landscape making it a one stop shop for all patent queries. Recent trends discussed include the increasing application of patentability of software, expedited trials and the SEP/FRAND landscape. Access our chapter here: https://lnkd.in/gZbP4VWc Chambers and Partners Anu Paarcha Aniruddh Bhatia Mishthi Dubey N. Parvati #IndianPatentLaw #IPLitigation #PatentEnforcement #ChambersGuide2025 #IndianIPStrategy #InnovationProtection #LegalTechIndia #PatentDisputes #SEP #FRAND #SOFTWAREPATENTS

Our blog on the Advertising Standards Council of India's Whitepaper titled “Navigating Cookies – Recalibrating your cookie strategy in light of the DPDPA” is up! Read more at - https://lnkd.in/g6DRgVeF Follow our Trade and Regulatory Compliance Practice blogs for regular updates on cross-sectoral business compliance and regulations. #tradecompliance #TMT #regulations #policy #saikrishnaandassociates #dataprotection #businesscompliance #regulatory #easeofdoingbusiness Suvarna Mandal Jasman Dhanoa Rishikaa . Sanchit Shrivastava

We are pleased to share that Saikrishna & Associates has been recognised for Best Civil Action results for the Financial Year 2024, by Bentley Systems. This recognition is yet again a testament to the dedication and hard work for the Enforcement Litigation Team of the Firm. We take this opportunity to thank Bentley System for placing their trust in us. Aarshia Behl Shruti Baid #Recognition #LegalExcellence #CivilLitigation #SaikrishnaAndAssociates #EnforcementLitigation #TrustedPartner #BentleySystems #LegalSuccess

Our blog on the Draft E-Commerce Principles and Guidelines for Self-Governance is up! Read more at - https://lnkd.in/ggcwuDWh Follow our Trade and Regulatory Compliance Practice blogs for regular updates on cross-sectoral business compliance and regulations. #tradecompliance #TMT #regulations #policy #saikrishnaandassociates #dataprotection #businesscompliance #regulatory #easeofdoingbusiness Ameet Datta Suvarna Mandal Jasman Dhanoa Rishikaa . Sanchit Shrivastava Sapna Singh

Our blog on the Intimation of Personal Data Breach under the Draft Digital Personal Data Protection Rules, 2025 is up! Read more at - https://lnkd.in/gWxEbEc5 Follow our Trade and Regulatory Compliance Practice blogs for regular updates on cross-sectoral business compliance and regulations. #tradecompliance #TMT #regulations #policy #privacy #saikrishnaandassociates #dataprotection #businesscompliance #regulatory #easeofdoingbusiness Ameet Datta Suvarna Mandal Jasman Dhanoa Rishikaa . Sanchit Shrivastava

Our blog on the Key Takeaways from the Draft Digital Personal Data Protection Rules, 2025 is up! Read more at - https://lnkd.in/g5ar_EBG Follow our Trade and Regulatory Compliance Practice blogs for regular updates on cross-sectoral business compliance and regulations. #tradecompliance #TMT #regulations #policy #privacy #saikrishnaandassociates #dataprotection #businesscompliance #regulatory #easeofdoingbusiness Ameet Datta Suvarna Mandal Jasman Dhanoa Rishikaa . Sanchit Shrivastava

Our blog on the Report on AI Governance Guidelines Development is up! Read more at - https://lnkd.in/gN8cSDTN Follow our Trade and Regulatory Compliance Practice blogs for regular updates on cross-sectoral business compliance and regulations. #tradecompliance #TMT #regulations #policy #AI #saikrishnaandassociates #AIGovernance #businesscompliance #regulatory #easeofdoingbusiness Ameet Datta Suvarna Mandal Jasman Dhanoa Rishikaa . Sapna Singh Sanchit Shrivastava

Saikrishna & Associates is delighted to share Vol. 20 of LawPickle - our monthly update on IP trends and topical developments. Our team will identify in LawPickle, significant judgments/issues so that the reader gets a quick and crisp overview without having to read entire judgements or articles. These updates also give the reader a brief and concise insight into the relevance and implications of these developments. Visit https://lnkd.in/gZ7FVsge Editorial Contributors: Snehima Jauhari Disha Sharma Surabhi Pande Aniruddh Bhatia Srishti Dhoundiyal Rimjhim Tiwari Ishi Singh #intellectualproperty #updates #newsletter #legalupdates