Trap Purchases and Manufactured Jurisdiction in Indian IP Litigation A study of SML Ltd. v. M/s Happy Agro Chemicals and the doctrine of trap transactions Introduction In intellectual property disputes, few procedural issues matter as much as deciding where a case can be filed. The choice of court often shapes the entire journey of the case — from how quickly interim orders are granted, to the attitude of the local lawyers, to the practical burden placed on a defendant who must fight far from home. Because the forum is so important, plaintiffs sometimes try to influence it. The most common method is the trap purchase : a test buy arranged by the plaintiff, where an investigator pretends to be a regular customer, purchases the allegedly infringing product, and keeps the invoice and packaging. Later, this evidence is used not only to show infringement but — more controversially — to argue that the cause of action arose within the territory of the chosen court. Tra...
Minimum Legal Age for Purchase The minimum legal age for the purchase and consumption of liquor in India is not uniform across the country, being a subject falling within the legislative competence of individual states. Depending on the state, this minimum age ranges from 18 years to as high as 25 years, reflecting the diverse socio-cultural and policy considerations that inform alcohol regulation at the state level. Restrictions on Advertising Through Television Indian law imposes significant restrictions on the advertising of alcoholic beverages. With effect from September 8, 2008, the Cable Television Networks (Regulation) Amendment Rules imposed a complete prohibition on the advertisement of cigarettes and alcoholic beverages through television broadcasts in India. Advertising Through Outdoor Media While television advertising remains entirely prohibited, certain states permit advertising of alcoholic beverages through outdoor media such as billboards and hoardings, albeit sub...