INSIGHTS

Cambodia accelerates its push to grant geographical indication status to Koh Kong mud crab, leveraging collective governance and international expertise to transform a local delicacy into a globally protected brand. This initiative builds on the kingdom’s successful GI portfolio, targeting economic upliftment through authenticity safeguards in competitive aquaculture markets.​ Initiative Foundations The Ministry of Commerce, through its Department of Intellectual Property, co

Introduction One of the most basic tenets of corporate law is the doctrine of separate legal personality. It acknowledges that a company is a legal person that is separate and independent of shareholders and directors. Although this principle promotes investment and prevents excessive liability, it may be also abused to avoid personal responsibility. In response to this abuse, the courts came up with the concept of piercing the corporate veil, which permits the court to lift

Restructuring of business is an important part for business. For expansion of business Fast Track Merger without the intervention of the National Company Law Tribunal (NCLT), can be possible under the section 233 of the Companies Act,2013 and rules made thereunder. The benefit of fast-track merger is operational efficiency, reduction of costs, consolidation of resources, elimination of duplicate structures and enhancement of business value. Mergers without the following fast

Introduction: E-Commerce and FDI in India Foreign Direct Investment (FDI) in its legal context as referred to in the Indian context is a capital contribution by a foreign person, in an unlisted Indian company or through the acquisition of at least 10 % of the equity shares of a listed company.[1] In India, the nodal agency in terms of formulation and administration of the FDI policy, along with the sectoral caps, entry routes, and conditions under which FDI may be accepted is

Introduction Parties entering into contracts in any scenario have the aim of achieving the final result to its finest form, and to accomplish the required task, the contract imposes obligations on the parties to perform and deliver it in a certain way, as per their ability. So where precision matters, a single word in such a commercial contract can represent the nature and level of the obligation and set a standard for the parties, which can lead to consequences, whether it b

Section 60 of the Copyright Act, 1957 provides a unique statutory shield against baseless infringement allegations, allowing aggrieved parties to seek declaratory relief, injunctions, and damages when copyright owners issue threats without genuine basis. The Delhi High Court’s ruling in Associated Broadcasting Co. Ltd. v. Google LLC exemplifies this provision’s contemporary relevance, particularly amid digital platform disputes. Statutory Framework Section 60 empowers “any pe

Suppose, you come home after a very exhausting day at work, and all of a sudden you get struck by a headache. You go and open the medicine cabinet, only to realize that it is empty. You do not hesitate at that point, instead you pick up your phone, simply press a button and in the next 10 minutes, you hear your ringing door bell. In our case, it is an act of mere convenience- a luxury of the present and a development that seems like magic. However, for the individual on the o

Introduction The concept of Good Faith acts as a cornerstone principle of Contract Law. It aims to ensure that parties engaging in contract should play their role with honesty, fairness and in a justified manner. The concept of good faith differs in different laws. Somewhere it is in explicit form, on the other hand it acts as an implied term. Definition and Meaning Good faith refers to the duty to act honestly, fairly and lawfully implying the absence of an intention to dece

Business needs funds and funds may be raised by many routes, one of the popular routes is ECB. ECB is an opportunity but comes with a responsibility. Responsibilities include compliances, reporting requirements, Interest costs, tenure limitations, and sectoral exposure often push companies to look forward. ECB is an opportunity to borrow funds from outside India. Sometimes domestic markets are not enough to meet the business requirements due to high interest rates or unavaila

Introduction Regarding the settlement of the international legal dispute the preference for international arbitration to address cross-border corporate matters has surged. Asia, in particular, has emerged as a bustling hub for arbitration, with two of the most prominent entities being the Singapore International Arbitration Centre (SIAC) and the Hong Kong International Arbitration Centre (HKIAC). These institutions are renowned for their impartiality, supportive arbitration p

Introduction With the rapid development of Generative Artificial Intelligence (AI) and the surge in its usage, certain copyright concerns in the context of web-scraped data for training AI models become evident and relevant. These AI systems rely heavily on datasets which are often built using web scraping tools, which includes myriads of articles, blogs, published works, and images that are protected under copyright laws. Data scraping in context of Intellectual Property (IP

I. Introduction Commercial agreements are the life & blood of business in India. Commercial contracts usually detail the consequences of non-performance/breach of contract. They normally contain the liquidated damages clause, or the penalty clause (or both). Notwithstanding the fact that both clauses are a contractual remedy for breach of contract, the Indian legal system recognizes a significant difference between them, and indeed Section 74 of the Indian Contract Act, 187

Introduction In today’s world, where the law is compared to creativity, ownership of an ‘idea’ has become increasingly complex. The Bombay High Court judgment in Sameer Wadekar and Another v. Netflix Entertainment Services Pvt. Ltd. serves as a reminder that copyright laws are not protection from competition, but rather a speed bump to distinguish originality from copying.[1] In a streaming-driven digital world, the case shows how Indian copyright legislation reconciles two o

Introduction You know that feeling, when you’re strolling through a pharmaceutical aisle and you instantly spot a product? Even from a distance where the label can’t be read? For instance, if a consumer picks up a tube of The Derma Co. serum from a pharmacy shelf, there are high chances that the consumer instantly notices its clean orange-and-white color palette and minimalist sans-serif typography. This phenomenon is called brand identity, and in the vocabulary of Intellectu

The Bar Council of India issued workplace safety guidelines on March 3, 2026, making POSH Act compliance mandatory for all legal bodies including bar associations, law firms, and individual chambers. These guidelines establish clear requirements for Internal Complaints Committees and prevention measures, addressing long-standing gaps in protecting women in the legal profession. Core Guidelines Every bar association and law firm with more than ten members must constitute an In

What is EPR? Extended Producer Responsibility (EPR) holds producers responsible for the whole lifecycle of their products, including disposal and recycling. It is a crucial step in preserving the environment and properly disposing of waste. EPR policies were developed in response to the need to address increasing waste and inefficiency in traditional disposal systems. They aim to create a circular economy , in which materials are reused and recycled rather than destroyed. Ind

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 One of the most contentious issues in Indian arbitration has been whether, in the exercise of their supervisory authority under Section 34 of the Arbitration and Conciliation Act, 1996, Indian courts have the authority to modify an arbitral award. This question has been the subject matter of intense doctrinal debate, resulting in a “mosaic of decisions” from various Benches of the Supreme Court and various High Courts. However, in Gayatri Balasamy v. M/S ISG Nova

Introduction Article 226 of the Indian Constitution gives the High Courts of India the authority to issue writs for “any other purpose,” including the protection of fundamental rights. This Article enables the courts to take action in public law cases, safeguarding justice when the government or public authorities fail to fulfill their obligations. However, there persists debate over how far writ authority extends to the private entities. In the case of S. Shobha v. Muthoot F

Introduction In a survey conducted by Deloitte, more than 90 per cent of Indians agree to the terms and conditions contained in the clickwrap agreements without reading them. This is the blind consent that is often employed by modern user interfaces. The UX design and packaged consent clauses conceal important obligations, and the latter can even force privacy disclaimers on such contracts. Misrepresentative or hidden terms can be struck down in the Indian Contract Act, 1872.