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Audit Rights in Commercial Contracts
Introduction : Where self - reporting of figures forms the basis of business transactions, whether for calculating royalties, licensing of software or revenue sharing, trust will only get you half the way. Without an audit mechanism for verifying the figures used, the mistake of mis-estimating finances or non-compliance will cause financial strain without you knowing for many years. That is where an audit right comes in as an answer. A well-crafted audit provision may act as
1 day ago9 min read


AI Governance and Confidential Data in Law Firms
Introduction : Artificial intelligence has moved quickly from an experimental tool to part of everyday legal work. Lawyers now use AI for research, first drafts, document review, translation, chronologies, and transaction support. But for law firms, the benefits come with a familiar professional question : how do we use a powerful technology without weakening the confidentiality that clients place in us? The answer is not to prohibit AI altogether. It is to govern it delibera
1 day ago8 min read


Business Ethics Clauses in Supplier Contracts : Turning Responsible Conduct into Enforceable Obligations
Introduction : The firm is never independent of those people and other entities who help by supplying raw material and components, logistics, technologies, and any other services to make the firm work. Hence, the behaviour of the supplier can pose a threat to the business of the buying firm. Unreported payment of kickback for securing a government contract, unsafe working conditions, illegal exploitation of children labor, fake invoices, or retaliation to the complainant can
1 day ago8 min read


Beyond Deal Closure: Navigating Post-Closing Integration Challenges in Indian M&A Transactions
Introduction : Closing structure and post-closing integration obligations in M&A transactions heavily influence the provisions of the operative transaction agreement and hence should be considered early on in the deal negotiation process. The terms and conditions of an agreement vary depending on whether the transaction is structured as a simultaneous signing and closing or as a deferred closing, so it is very important to understand the difference between the two. A simultan
4 days ago8 min read


Partnership Dissolution: Can the Reconstituted Firm Keep Using Old Assets?
Introduction : Winding up of a partnership business in India is not usual, but a simple case of one of the partners leaving and the other partners recruiting another family member or a new partner, while continuing with the same old business from the same old shop, using the same old name and serving the same old clientele. The expectation is always that the outgoing partner would be “settled” in the long run. This expectation was tested in V. Sumitra Reddy v. K. Ranganadha R
4 days ago9 min read


Streaming Royalties and Equity: Examining Fair Remuneration under Copyright Law in the Digital Music Economy
Introduction : Over the past ten years, India's digital music market has grown exponentially thanks to the quick development of streaming services like Spotify, Apple Music, and YouTube Music. While these platforms have changed music access and made it possible for Indian content to be released globally, they have also brought up a basic legal issue: can India's current copyright structure sufficiently guarantee artists in the streaming economy get fair compensation?The India
4 days ago11 min read


Trade Mark Risks in Influencer-Led Product Launches
Introduction : There's a press release in the consumer brand launch world these days, too. There's a launch when the same unboxing video appears from a dozen influencers at the same time in the morning, the product sells out in the evening, and the campaign hashtag is trending at night. Speed is the essence of influencer marketing for business. Legally speaking, the goodwill accrues faster than the paperwork: before anyone even asks if the name's available, the logo is viewed
5 days ago9 min read


When Packaging Becomes A Brand : The Limits Of Trade Dress Protection In India
Introduction : A consumer standing before a supermarket shelf may not always read the brand name before recognising a product. Sometimes, the colour of the packaging, the shape of the bottle, the arrangement of images, or even the overall visual appearance is enough to trigger recognition. This raises an important question for trademark law. This is the essence of "trade dress," and it is precisely what was at stake in the recent, closely watched dispute between Emami Limited
5 days ago5 min read


Trade Mark Cancellation Risks from Non-Use in India: Proof of Use, Licensing and the Limits of Token Use
Introduction : A trade mark certificate can be easily framed and put up on the office wall. Defending it, on the other hand, is a more involved process. Section 28 of the Trademarks Act, 1999 grants the registered proprietor with an exclusive right to use the mark for the goods/service covered by the registration, but the same statute puts a rider on that right. Marks left idle for too long can be removed at the instance of any person aggrieved. Since 2021, when the Intellect
5 days ago7 min read


Artists Keep Winning the Case yet, Losing the War
Introduction : My dream of becoming an artist was hushed down when the people around me echoed that it’s not a safe career for earning enough to sustain. I still think of pursuing art but those words are now working out like prophecy, not because artists lack talent, but because the AI systems now learning from their work were never asked for permission. Every few months, a court somewhere in the world is asked the same question, “Can an artificial intelligence system own the
6 days ago10 min read


Convertible Notes and SAFE-Style Instruments in India
Introduction : Early-stage start-ups often struggle to agree upon a price for their equity. Priced rounds are time-consuming and costly, which encourages investors and founders alike to defer valuation. Early-stage financing therefore frequently employs instruments such as the convertible note and the iSAFE to postpone valuation discussions until a later round. A convertible note is a legally recognised debt instrument that converts into equity upon the occurrence of specifie
6 days ago9 min read


Software Escrow as a Business-Continuity Tool
Introduction : In today’s world organisations have become primary users of software applications in this digital environment to offer their services and also to have a competitive edge. This dependency also poses major risks if the vendor goes bankrupt, is acquired, fails to provide support, or any other anticipated events occur. Operational, regulatory compliance and trust of customers are all affected areas of impact that can be caused by these kinds of disruptions to organ
Oct 135 min read
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