What are trade secrets? Merriam-Webster’s dictionary defines trade secrets as “a formula, process, device, or item of information used by a business that has economic value because it is not generally known or easily discovered by observation or examination and for which reasonable efforts to maintain secrecy have been made.” The international view on trade … Continue reading Trade Secrets- Meaning And Protection In The Context Of India And The UAE Stance Of India And The UAE On Trade Secrets

The Supreme Court in “Engineering Analysis Centre of Excellence Private Limited v. The Commission of Income Tax and Anr.”[1] dealt with the classification of the payments under the distribution agreements or the end-user license agreements (EULA). The moot question before the Court was that can these payments amount to the royalty as provided under Section … Continue reading Engineering Analysis Centre Of Excellence Private Limited V. The Commission Of Income Tax And Anr: Raising More Questions Than Answering

Laws governing the duties and rights of India’s working class are referred to as “labour laws” in India. Every worker and employee has certain rights, and the Constitution of India under articles “14-16, 19(1)(c), 23-24, 38, and 41-43A” specifically address labour laws in India in order to safeguard their interests and rights. In India, there are … Continue reading Nuances Overtime Payments Vis-à-vis various Labour Legislations

What is the difference between a Prior Use of a Trademark as opposed to Prior Registration of a Trademark? The Intellectual Property Appellate Board (hereinafter referred to as “the IPAB”) has scrutinized one of the most discussed issues of prior use and prior registration under the trademark law. In the case of Mandom Corporation v. … Continue reading Prior Use V. Prior Registration: Trademark Law

The pandemic has served as an incentive for financial criminals to take advantage of online transactions and threat the economic as well as financial stability of countries across the world. With the stemming financial crime post Covid, numerous challenges were faced in both intra-state and inter-state policy formulation to deal with these threats. This article … Continue reading Increasing Global Financial Crime in the post-covid era

The National Company Law Tribunal and the National Company Law Appellate Tribunal has traditionally held that it is mandatory for the Corporate Insolvency Resolution Process(CIRP) to be initiated once the existence of a debt has been established under Section 7(5) of the Insolvency and Bankruptcy Code, 2016. There was no separate interpretation of Section 7(5) … Continue reading Discretionary power of the Adjudicating Authority to reject CIRP applications under Section 7(5)(a) of the IBC

The evolution of technology has occurred over many years and will continue in the future. The world’s dynamic has shifted away from computers the size of a large room and toward nanoscale technology. This is known as nanotechnology, and it involves the study and manipulation of matter with dimensions of 100 m or less. Nanotechnology … Continue reading Applicability of Intellectual Property Rights on Nanotechnology & Its Relevance in the Indian Context

Legally speaking, the automatic protection of creative artistic, theatrical, musical, and literary works is referred to as copyright. Infringement of copyright happens when a third party infringes on the rights of the copyright holder by utilising the copyright holder’s work without the copyright holder’s consent. IP owners often face the difficult decision of whether to pursue … Continue reading Infringement of Copyright: Will giving Intellectual Property Rights a Criminal Connotation Combat Freedom of Speech?

With digital technology being ubiquitous it has become core of modern economics especially in this pandemic ridden world. Digital networking once a luxury has established itself into an existential necessity. Owing to government efforts for making India digitally able and ever increasing data user base, in 2021 alone India recorded 624 million with the rate … Continue reading Antitrust Laws In The OTT Regime – Old Wine In A New Bottle

Antitrust law thrives to protect market from any kind of distortions occurring due to corrupt business practices. It also promotes competition between different players in the market in order to benefit the consumers and also economy as a whole by keeping monopoly at bay. Today the sports have become a global phenomenon, with the advent … Continue reading Antitrust Aspect of Sports Broadcasting Rights

When the pandemic forced billions of people indoors, it gave an impetus to those envisioning a metaverse. As the metaverse has grown in popularity, corporations have commenced filing fresh trademark applications for the virtual counterparts of products they already provide in the real world. This article discusses some recent instances of this observable trend, and … Continue reading The Utility of Metaverse Trademarks

The jurisdiction of the courts in cases of trademark infringement has been a moot point till now with various facets of IP infringements revealing due to social and technological advancements. With the rise of transactions on the e-commerce platforms and online shopping, the courts have tried to confer the territorial jurisdiction on the competent courts … Continue reading Uncoiling the ‘Serpent’: A Case Comment of Bulgari Spa v. Notandas Gems