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Ritika Pvt. Ltd. vs. Biba Apparels Pvt. Ltd. (2016)- Design vs Copyright ?
The Indian fashion market is all about rapid innovations, going with the trend, setting up new trends and reaching out to your audiences before the trend or that innovation dies. When a brand or individual comes up with a new idea in his artistic work it is not mandatory for him to get it registered under The Copyright Act, 1957 to file a suit for copyright infringement. However, it helps in establishing prima facie evidence in claiming the ownership of that artistic work. Th
Jun 126 min read


Related Party Transactions Under the Companies Act, 2013: The Governance Gap India Cannot Afford to Ignore
Introduction In the field of Indian corporate law, related party transactions (“RPTs”) are in a grey area. On the other hand, group corporate structures, such as holding companies, subsidiaries and associate companies, inevitably involve internal transactions with other members of the group, for operational efficiency and sharing of resources. However, at the same time, RPTs are the most potent tool in creating the diversion of corporate funds from minority shareholders to co
Jun 125 min read


Brand Personality on Trial: When Trademarks Collide with Personality Rights
Introduction: The Identity Economy and Its Legal Discontents In days gone by, a celebrities name, or catchphrase, or a vocal identity can be a proven source of considerable amount of brand income; therefore, in these days the legal issue of control of a public figure's identity has gained acute commercial and constitutional importance. From giving the brand of clothes or face of a film star a connection with a movie, or providing AI-generated voice of a singer, without permis
Jun 129 min read


The Legal Risks of Using Images from the Internet
Today, a digital image is considered a free resource in many parts of the world. You find it on the Internet, you download it, you use it. If somebody objects, maybe you take it down, but nobody really wants to take it further than that. But something fundamental has altered over the last decade. Pictures on the internet are not free. Copyright protects them. Courts will enforce copyright. Detection and enforcement mechanisms are becoming increasingly sophisticated, leading t
Jun 107 min read


Intellectual Property Valuation in Indian Unicorn Start-Ups: Legal and Governance Challenges
In January 2016, Prime Minister Narendra Modi launched Startup India with a clarion call to transform the country into a nation of job creators rather than job seekers. A decade on, the numbers are striking. India has grown from 4 unicorns in 2014 to over 130 today, with a combined valuation exceeding USD 350 billion, cementing its place as the world's third-largest unicorn ecosystem behind only the United States and China. Companies like Zerodha, Razorpay, CRED, Meesho, Phon
Jun 107 min read


Fund Raising in Unlisted Companies: Why CCPS, CCDs and Convertible Notes Have Become the Preferred Investment Instruments
Introduction Capital is the basic need of business expansion or business growth. Fund raising is a complicated exercise in unlisted companies . Balance of equity and debt is always the first priority of investors. CCPS, CCDs and CNS is the main source of financing in start up and many other countries. The rise of venture capital, private equity, angel investment and strategic funding has fundamentally transformed the way capital is infused into companies. These investors are
Jun 106 min read


Trade Secrets in the Age of AI: Can Internal AI Models Be Protected?
Introduction AI ("Artificial Intelligence") has come a long way from being an experimental technology to one of the most valuable commercial assets of the modern economy. From automating processes to generating insights, from enhancing decision-making to personalizing customer experiences, from detecting fraud to optimizing supply chains, and from creating competitive advantages to what was once impossible, businesses across industries are increasingly turning to AI systems t
Jun 1012 min read


Striking the Balance: The Interplay between Intellectual Property Rights and Competition Law in India
Introduction Many times the exclusive Intellectual Property Rights coexist with various sectors and industries like pharmaceuticals, technology and digital markets, often leading to clashes primarily between two demands, firstly to keep and maximise competitive pricing and secondly, to protect the welfare of consumers. In this fast changing and dynamic economic landscape, a blend of various regulatory mechanisms is needed for market control and governance, which are designed
Jun 107 min read


Bigg Boss Contestants: Artists or Just Participants?
Introduction : Even if you have seen Bigg Boss during the period when you were waiting for other shows to begin, then there is one point that you cannot overlook that no one is playing the part of a normal human being inside that house. They cry about their meals, fight for beds, form alliances, break them within days, and turn what could have been a common argument into a nationwide debate. But now we come to our main concern: Are these people artists or mere participants re
Jun 57 min read


FLA Return under FEMA: Complete Guide for Startups, Companies, and Foreign Investors
Due to expansion of business, now the FDI and ODI is part of our business and it creates opportunities and smooth the business operation but foreign transaction also come with certain obligation of compliance. However, it is not restrictions. With the active compliance management Entities may create goodwill and trust among the investors. FDI or ODI is a very common in case of cross border merger, Startups, and newly incorporated company. FLA (Foreign Liabilities and Assets)
Jun 36 min read


Legal and Practical Measures for Protecting Trade Secrets from Cyber Threats
Introduction The protection of trade secrets, which contain proprietary business data that provides competitive advantages through its formulas, processes and design specifications, needs to be maintained because its disclosure threatens cybersecurity systems with both financial losses and reputational harm. The system of legal protection, which includes the Uniform Trade Secrets Act and the Defend Trade Secrets Act, protects against trade secret theft while organisations fac
May 266 min read


Unauthorised Use of Match Highlights on Social Media: Copyright Challenges and Fair Dealing in Sports Broadcasting
Introduction Sports is not left behind in the intellectual property law, especially in the digital age where sporting content can be consumed, shared, and discussed like any other form of content in a digital environment. The emergence of social media as a communication tool, including Instagram and Youtube, has altered the way broadcasters deliver sporting events in that fans can upload and share the highlights of matches in real-time to the rest of the world. What was once
May 259 min read
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