Swarana Kanta Sharma
2 IP cases indexed. Covers trademark, patent matters.
Cases Presided Over
2 cases indexed | Page 1 of 1
Awl Agri Business Limited & Anr v.Union Of India & Ors
AWL Agri Business Limited filed a writ petition before the Delhi High Court challenging a show cause notice dated 17.07.2026 and an accompanying letter issued by food safety authorities, which effectively treated its product 'Fortune Soya Health Refined Soyabean Oil' as a 'non-compliant product' under the Food Safety and Standards (Advertising and Claims) Regulations, 2018 and the Labelling Regulations, 2020. The petitioner contended that enforcement actions, including stoppage of sale orders in Jharkhand, were taken without following the procedure under the FSS Act or affording an effective hearing. The court addressed the preliminary issue of territorial jurisdiction and held that since the impugned communications were issued by authorities situated in Delhi, a part of the cause of action arose within its territorial jurisdiction under Article 226(2) of the Constitution.
Ms Shri Gorakh Bhandar v.The Commissioner Of Customs Appeals & Ors.
This Delhi High Court order sets the stage for a complex dispute concerning Intellectual Property Rights enforcement at customs. The petitioner has raised several critical questions, including whether protection can be granted without adhering strictly to the IPR (Imported Goods) Enforcement Rules, 2007, and whether failure to mention specific goods in import documents constitutes misdeclaration. The court has allowed procedural applications and scheduled the main hearing for February 12, 2025.
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