INSIGHTS

Introduction : Intellectual-property assets can represent a company’s most important source of value. Patents may protect commercially successful technology, trademarks may embody years of consumer goodwill, copyright may subsist in software and databases, and trade secrets may contain the operational knowledge necessary to compete. Unlike machinery or land, these assets are intangible and their value often depends on continuing commercial use. When a company enters corporate

Introduction : In an industrial setting, a digital twin rarely consists of a single component. It may be embodied in CAD files, executable code, models, software algorithms, technical documentation, process instructions, sensor logs and historical operating data. This layered structure creates potential ambiguities over ownership at the time of procurement. The manufacturer may own the physical equipment and certain pre-existing engineering specifications relating to it. The

Introduction : The growth features of the startups are agility and innovation. They can bring in contractors or other specialized vendors to get the engineering done, which can result in rapid expansion, cost savings and the access to specialized skills. But when this topic of ownership of IP raised in collaboration brings up the question: who's responsible for the IP developed as a partnership? Owning the invention is not just something legal, it's the core that makes the st

Introduction : The verdict delivered by the Chief Judicial Magistrate, Central District, Delhi in State v. Satish Gupta & Anr. offers a careful reminder of the limits of Enforcing criminal remedies against Intellectual property Infringement. The accused Vinod Rathore and Satish Gupta were charged under Section 63 and 65 of the copyright Act and Section 103 and 104 of the trademark Act because automotive parts allegedly bearing the marks of Tata, Bosch and Kirloskar were seize

Introduction : Home buyers in India had a choice as to whether to file a dispute against errant builders in the state Real Estate Regulatory Authority (RERA) or the consumer forum. They could not have both as simultaneously as one venue would bar them from using the other. However, the Supreme Court in M/s Kabra and Associates & Ors. v. Rekha Rajkumar Hemdev & Ors has made the choice of either the RERA or the consumer forum a potentially crucial one as it sets out its impact

Introduction : Picture this. A marketing staff member writes a presentation for a new product launch that takes him 3 weeks to create. She uses a personal laptop, uploads drafts to a personal Google Drive folder, uses an AI writing assistant to review drafts and sends versions to colleagues for their feedback via WhatsApp. Six months later, she starts working for a competitor. Now, her previous employer claims the ownership of the presentation. But, she argues that it was don

Introduction : The real estate industry is growing at a rapid pace in India, and the sector is poised to play a crucial role in the nation’s economic development and urbanization in the years to come. Joint Development Agreements (“JDAs”) have become increasingly popular as urban land becomes more and more limited, whereby landowners contribute their land and developers commit to construction and the execution of the project. In recent years, however, the use of JDAs has give

Introduction : Regional Handicrafts in India embodies a blend of cultural heritage and traditional knowledge passed through the generations. These crafts are often deeply rooted in the customs, and geographical characteristics of a particular region. The rapid expansion of the digital and e-commerce market has transformed the commercial landscape along which these goods circulate. The rise of e-commerce platforms, social media channels, websites, and other online marketplaces

Introduction : Intellectual Property (IP) in technology sectors consists of trademarks, copyrights, and patents. Apart from this, one of the most valuable assets is the screen of the interface- the layout, arrangement of icons, transitions and animations or even the ease of operating the website, matters as much as the technology working in the background. This is significant in today’s world when businesses are giving priority to user experience instead of just focussing on

Introduction What is open-source software, exactly? Open-source software (OSS) is software where the source code of the actual instructions that make the program work is made available to the public. Anyone can look at it, use it, modify it, and in most cases, distribute it. The deals look and sound so naïve and easy that however it would become a big risk if you did not manage it and lead to misconception. Open-source software is not free from legal obligations. Open-source

Introduction The constant inception of new technologies by industries puts patents at risk. Having more than 3.7 million patents means IP attorneys struggle to manually assess whether someone has infringed on their invention. Despite the traditional methods, the challenge and patent avalanche are too great. The current era is only beginning to patent inventions, and the actual value of an invention comes from the fact that the rights of the patentee are protected by their rig

Introduction: The market for digital collectibles has quietly outlasted the frenzy that briefly surrounded it. When NFT prices collapsed and the speculation cooled, many commentators were quick to call the entire space a failed experiment. That conclusion misses something important. Digital collectibles, limited-edition digital art, in-game assets, virtual trading cards, branded merchandise existing only online have continued to be bought, sold, and commercially exploited.

Introduction The contemporary restaurant offers more than just food. Exposed Edison bulbs, reclaimed-wood communal tables, a peculiar shade of teal on the walls, and a signature playlist, the choreography of an open kitchen, and others are all deliberately designed to invoke a familiar “feel” that is associated with one brand, before customers taste a dish. With experiential branding being the focus of the hospitality commerce, a tricky legal issue arises, one which is perhap

Introduction: The globalization of business operations has transformed intellectual property (“IP”) from a legal asset into a driver of enterprise value. Patents, Trademarks, Copyrights, software, trade secrets and proprietary know-how frequently constitute the valuable assets held by a multi-national enterprise (MNEs) or any company. As a result, many corporations have adopted mechanisms that centralize the ownership of intellectual property in offshore entities or Permanent

Introduction: Any time you see a credit card transaction approved in a few milliseconds, an application reviewed by an algorithm that's never been read by a pair of human eyeballs, or your social media feed rearranged itself according to your preferences, an algorithm has made a choice. Algorithms aren't tools that gather dust. They're the corporate heartbeats of some of the planet's most profitable businesses, working in silence, earning quietly, and largely kept hidden away

Introduction: The Collapse of Reality and Identity With the advent of deepfakes technology, the notion of what constitutes one’s identity in the modern world has changed dramatically. The idea that there exists a constant and reliable identity of a person in his or her appearance and personality has become questionable, since the face, voice, and other unique features of any person can be convincingly mimicked through such software, producing a deepfake video with the depicte

Introduction Intellectual property has quietly become the most valuable thing an Indian startup owns and the hardest thing to price. According to WIPO's Global Intangible Finance Tracker, global corporate intangible assets reached USD 61.9 trillion in 2023, ten times their 1996 value, with India ranking among the top twenty most intangible asset-intensive economies globally. Against this backdrop, Southeast Asian joint venture investors are increasingly looking at Indian tech

Introduction In the present times, Offshore Permanent Establishments are leading in the field of international taxation and intellectual property laws. Several multinational and transnational companies including startups have started to transport their intellectual property assets, commonly trademark, patent, copyright and design into offshore permanent establishments. This choice to transfer PEs is a strategic reaction to increased taxation and open ended research and devel

Introduction AI, which stands for artificial intelligence, is the most powerful technical force that is changing human life in the 21st century. Already in 2025, artificial intelligence will be integrated into our everyday lives to the point where it will even influence how we work, learn, read news, receive medical help, and make decisions for ourselves. AI systems are affecting billions of interactions every day, from driverless cars to custom-made education and predictive

Introduction In a significant move toward enhancing the economy and supporting innovation, Thailand has introduced a draft to amend its existing Patent Law, whereby the Industrial Designs that are currently governed under the Act, which are not at par with the international standard, are going to undergo significant changes. Between December 16, 2024 and the end of January 2025, the public hearing was conducted by the Department of Intellectual Property (DIP), where the opini