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Intellectual Property Risks When Employees Leave Creative Agencies
Introduction Imagine a senior designer decides to quit your agency today. Tomorrow, they start working for your biggest competitor. Do they have the right to take the logo drafts they made last week? Can they call your clients and offer them a better deal? These are questions that agency owners face all the time. A creative business sells thoughts and ideas, not physical goods. So when a worker leaves, a piece of your business might leave with them. They assume the law prote
Jul 155 min read


Data Governance Models in Smart Cities: Privacy by Design or Surveillance by Default?
Introduction Urbanisation comes with its own problems. As the population grows, the demands increase as well. As the need for infrastructure grows, governments have started using technology to manage transportation, resources and public services. Smart cities are often found as a good solution to these problems, since they are built by integrating information and communication technologies with urban infrastructure. They offer efficiency, sustainability and quick resolution u
Jul 146 min read


When Technology Becomes a Brand: Can Algorithms Acquire Trademark Significance
Introduction Today’s consumers don’t encounter brands via logos and slogans/brands’ websites. Instead of encountering brands’ websites or seeing the logos/identifiers you would associate with a particular company/brand on their respective websites, you encounter brands via algorithm-generated experiences, which create the framing of choice, preference, and behaviour. In today’s digital marketplace, the most prominent and frequently cited point of engagement between the consum
Jul 147 min read


Can a Recipe have a Passport? The Future of Food Protection Under Indian GI Regime
Introduction Geographical Indications (GIs) are an important form of intellectual property that helps protect traditional food products which have unique qualities characteristics, or a good reputation because of where they come from In India, which has a long and rich history of diverse food traditions, GI protection has become more important for traditional foods like Darjeeling Tea, Basmati Rice, Tirupati Laddu, and Hyderabad Haleem. However, there are complex legal issues
Jul 146 min read


Beyond the Will: How Trademark Rights Pass to Successors and Heirs
Introduction In present times, when you think about property, intangible property is commonly included in such a definition. With the increase of commercial value of intellectual property, people are now extremely interested in the ownership of such property. Hence, they are now on par with tangible property. Therefore, the question arises, how are such properties, more specifically trademarks, distributed in the case of inheritance and succession and how effective is the cur
Jul 136 min read


Beyond the Stars: How Indian IP Law Fails the Booming Tarot Industry
Introduction Tarot cards are no longer just a mystical tool but they have become a whole new industry of wellness and creativity. Just on a single social media platform, on a regular basis, we see a lot of creators from India become Tarot readers, this tarot reader economy then becomes businesses, communities with loyal followings and customers. The readers of Tarot cards and the community they have feel a sense of belongingness, beyond it just being a commercial means of inc
Jul 137 min read


Reconsidering the ‘Industry’ Doctrine: The Supreme Court’s Nine-Judge Review of Bangalore Water Supply v. A. Rajappa
Introduction Few judgments in the field of Indian labour laws have been as controversial as the judgment which was given in Bangalore Water Supply & Sewerage Board vs. A Rajappa (1978). In a judgment by a seven-judge bench, the Supreme Court had interpreted the term “industry” in Section 2(j) of the Industrial Disputes Act, (IDA) 1947 in such a way that it included within its ambit not just commercial enterprises and factories but also hospitals, charitable institutions, scho
Jul 138 min read


The Palika Bazaar of the Metaverse: Is the Trade Marks Act, 1999 Equipped to Regulate Digital Counterfeits?
Introduction Counterfeiting in the physical world is often identifiable through sensory cues. As you go through the crowded, underground lanes of the Palika Bazaar of New Delhi, a fake Nike sneaker gives itself away in its irregular stitching, the characteristic odor of cheap synthetic rubber, or slightly off-centered logo. However, the rise of immersive digital platforms and virtual commerce has shifted counterfeiting concerns into digital environments, where the traditional
Jul 116 min read


Protecting the Journey: Intellectual Property in SaaS Onboarding Experiences
Introduction A first-time user's experience with a software-as-a-service app isn't limited to using a product they configure. What they experience is a curated design journey - a carefully contemplated experience. This experience is the onboarding journey, and for many SaaS companies, it can be a key differentiator. But brand equity has been developed by companies like Duolingo, Notion, and Slack, not only through the functionality of the product, but the unique feeling one g
Jul 117 min read


School Dress Codes and Constitutionality Morality in India
Introduction Educational Institutions play a significant role in shaping the society by imposing discipline, uniformity, ideal behaviors and social responsibilities. One of the important and essential aspects of school life is dress code or uniform. This initiative was brought to introduce uniformity, secularity, and equality etc. irrespective of the students’ background (financial conditions, caste, religion and community). But these educational institutions' culture has bec
Jul 118 min read


Dispute Resolution Choices in Cross-Border Commercial Agreements: The Role of UNIDROIT Principles and CISG
Introduction When Cross-Border Contracts Become Complex Consider a situation where an Indian importer makes a long-term supply agreement with a manufacturer. The transaction starts well. A dispute arises later about defective goods and delayed payments. The Indian party wants to solve the dispute in the courts, but the Vietnamese party wants it in Vietnam. Questions come up about who decides, which laws apply and how to enforce any decision made. These situations happen ofte
Jul 105 min read


Trademark Strategy for Vernacular-First Brands: Navigating India's Multilingual Mark Space
Introduction India’s approach to branding has become different. A decade back, the rule was to start in English and then localize. Now, brands starting D2C or regional first take the opposite route, choosing a Hindi name, a Devanagari-Roman combination logo, or even building the mark to be flexible with scripts from the beginning. While this may be seen as only a marketing decision, it places the brand firmly within an area that remains largely unaddressed in India’s trademar
Jul 107 min read
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