INSIGHTS

Introduction Design rights and trademark protection overlap ever-so-briefly when the “design” of a commodity transcends its aesthetic nature and steps into the shoes of being a source-identifier. However, such evergreening of monopolistic rights has often been denied by Courts. Recently, in Godrej v. Reckitt [1]   (“ the Harpic case ”), the Hon’ble Calcutta High Court upheld the tenets of fair competition in the market by refusing to protect the shape and structure of Harpic

Financial activity as principal business is when a company’s financial assets constitute more than 50 per cent of the total assets (netted off by intangible assets) and income from financial assets constitute more than 50 per cent of the gross income. Although the term principal business has not been defined in the Act, but in FAQ issued by the RBI it has been cleared for better understanding and desirous company has to fulfil both the criteria. The  Reserve Bank has also def

Introduction For decades, India’s corporate governance framework has been shaped largely by the provisions of the Companies Act, 2013 [1] , which placed a strong emphasis on procedural compliance backed by criminal sanctions for defaults. This approach aimed to ensure strict adherence to statutory requirements, but over time it also exposed several practical limitations. Many businesses, especially small and medium-sized enterprises, found themselves navigating a complex web