INSIGHTS

Introduction : Contracts being mutually decided obligations between parties are enforceable by the court of law. This means once entered as per the statutory requirements, the defaulting party has to make good of losses incurred by an aggrieved party due to failure to perform such contractual obligation. Including a liability clause, in a contract, ensures the inclusion of liquidated damages, decided by the parties themselves. Such a liquidated damage is entitled to the party

Introduction : A performer’s voice has traditionally been inseparable from the performance in which it is expressed. An actor speaks a dialogue, a singer records a song, and the law can identify a concrete performance, a recording and the economic rights attached to them. Artificial intelligence disrupts that relationship. A voice can now be extracted as a recognisable personal attribute, analysed through existing recordings and reproduced in an entirely new performance that

Introduction : Imagine that you receive a new client who seeks to bring an action for copyright infringement. As you learn more about the case, you realise that your client is ‘morally’ aggrieved or rather, ‘algorithmically disappointed’ and legally injured because a work it created after hours of painstaking neural-network processes involving training, association formation, perturbation, monitoring, stabilisation, and output generation has been infringed. Sounds absurd? Per

Introduction : In a judgment delivered on 22 January 2026, in the case of Gloster Limited v. Gloster Cables Limited & Ors., a bench of Justices J.B. Pardiwala and K.V. Viswanathan allowed cross-appeals against an order of the NCLT. The ground was lack of jurisdiction to decide the disputes under Section 60(5)(c) of the Insolvency and Bankruptcy Code, 2016. The most interesting point of this decision is the fact that even a judicial acknowledgement of the "clean slate" concept

Introduction : Artificial intelligence (AI) is increasingly reliant on vast amounts of human generated content. Large language models (LLMs) are trained on data sets of books, articles and other written materials. This allows the AI to learn patterns of information and create responses, but it raises important copyright issues. When the AI learns from a copyrighted work, is that unlawful copying? This question was considered by the United States District Court for the Norther

Introduction : A startup does not usually make a sale in one meeting with a large business. Customers would like to verify that the product works for their data and operations while companies would like to get income after that. This is where a pilot is introduced. This instrument fills the void between both parties but at the same time represents the biggest risk for them as well since the customer has wide access to the product, its processes and often specialists; so on th

Introduction : Imagine waking up to find that your favorite strategy game, the one you have spent months mastering through logic and statistical analysis, is now legally viewed the same as an unregulated game of pure hazard. This is exactly what happened when the government passed the Promotion and Regulation of Online Gaming Act, 2025. As we sit in March 2026, the entire gaming industry has been forced into survival mode. While the government argues that these exacting measu

Introduction : In today’s fast-paced commercial environment, intellectual property (IP) is no longer just a legal formality - it is a core business asset that drives valuation, competitive advantage, and market positioning. However, many Indian businesses, especially startups and SMEs, treat IP protection, contract management, compliance, and enforcement as separate, sequential activities. This siloed approach often leads to gaps in protection, missed commercial opportunities

Introduction : With regard to the Indian commercial law framework, the issue of balancing the need to protect the established businesses and the entry of new entities in the market has always been a contentious one. While the former have always been vocal about their needs, the Judiciary has time and again held that the fundamental right to trade granted by Article 19(1)(g) of the Constitution does not allow them to take away rights of others. A recent Punjab and Haryana High

Introduction : Enter any large Indian archive nowadays and you will find that conservation is turning into something much more like information technology : manuscripts scanned using high resolution techniques under raking light, oral epics captured to digital tapes, crafts documented frame-by-frame before the last generation of dying craftsmen passes the know-how on, or fails to. The National Mission for Manuscripts, a project of the Ministry of Culture currently reorganized

Introduction : The Indian startup ecosystem is no longer confined to businesses whose principal assets can be identified on a balance sheet. By 31 March 2026, more than 2.23 lakh entities had been recognised as startups under Startup India. A significant part of the value of technology, biotechnology, software and consumer-facing ventures may instead lie in patents, source code, trademarks, proprietary technology, licences, customer relationships and brand recognition. When s

Introduction : Digital platforms have fundamentally changed the way consumers pay for goods and services. A customer could top up a wallet on the platform, purchase a prepaid credit, pay in advance for travel, or receive a refund or gift voucher. Such vouchers and credits could sometimes take the form of store deposits or balances. While these are relatively straightforward in the case of a solvent platform, the position can sometimes be less clear if the platform becomes ins