INSIGHTS

Introduction India has witnessed an extraordinary expansion in its digital payments ecosystem over the past decade. With numerous fintech companies entering the market, establishing a unique brand identity has become increasingly important. As competition grows, intellectual property disputes particularly those relating to trademarks have also become more common. One such dispute arose between PhonePe and BharatPe before the Delhi High Court. The controversy centred on whethe

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

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 The rapid rise of the E-commerce industry has significantly transformed the way business operates, and interacts with the consumers. The globalization of commerce driven by the rise of E-commerce platforms has encouraged consumers to shift from the traditional way to the modern way of doing business. This shift has eased the way of doing business by unlocking new avenues for growth but at the same time has created more legal complexities and challenges. Let us co

Introduction Leonardo Da Vinci said Time stays long enough for anyone who will use it. This is not only true in everyday life but even in law. The 'Time is of the essence' clause is often referred to as the TIOE clause and is often inserted in contracts. In simple words, it can be read as a clause adding the factor of time and ensuring a party to a contract concerning the timely performance of promises or undertakings. It ensures each party to perform its own obligation in

Introduction The public's confidence in the accuracy of financial reporting has declined in recent years as a result of many business scandals and auditing errors in India. Significant shortcomings in the regulation and accountability of the auditing profession were revealed by the extent of the problems with the financial accounts of major publicly traded companies. The National Financial Reporting Authority (NFRA), an independent regulatory body that oversees the audit pr

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