Kavitha Gupta's blog

In the recently published IAM Strategy 300 listing for 2021, Kavitha Gupta, Senior Corporate Counsel, Juniper Networks has been recognized as one of the Top IP Strategists in the world. The listing includes 300 internationally recognized IP Professionals selected through a confidential nomination process followed by research and interviews.  The list includes IP Leaders from the industry, law firms, Research institutions and Universities. INTRODUCTION It is a pleasure to welcome you to the 2021 edition of  IAM Strategy 300: The World’s Leading IP Strategists , our annual listing of individuals who lead the way in the development and implementation of world-class IP value creation programmes. As the only platform that focuses on intellectual property as a business asset,  IAM 's belief is that IP assets are significant enhancers of business value. Among other things, they can help to drive revenues, increase profits, motor collaborations, secure freedom to operate and...

Hard-nosed commercial negotiation that exploits monopoly advantage not duress   Times Travel’s business depended upon selling Pakistan International Airlines’ tickets. The travel agency was pressured by the airline to waive claims for unpaid commissions under its old contract, by the threat of the airline not entering a new contract. The airline had no obligation to enter into the new contract, but the travel agency could not survive without it. The agency signed a waiver agreement but later argued that it should be rescinded for duress. The UK Supreme Court held that, “While this entailed hard-nosed commercial negotiation that exploited [the airline's] position as a monopoly supplier, it did not involve the reprehensible means of applying pressure” and so was not economic, or lawful act, duress. Duress is a common law basis on which to rescind a contract. The essential elements are: there must be a threat or pressure exerted by D that is illegitimate (but not necessarily unla...