INSIGHTS

Introduction : Refurbished goods lie between the ordinary resale of genuine goods and counterfeiting. An authentic item might go back into commerce after laboratory testing, reconditioning, software updating, remanufacture, rebranding, and a new warranty. Trademark law safeguards source-identifying signs, but generally does not give owners indefinite monopoly over all subsequent sales. This arose in the context of the end of life hard drives manufactured by Western Digital an

Introduction : Cloud computing has fundamentally transformed the manner in which businesses procure computing resources. Instead of purchasing and maintaining physical servers, enterprises increasingly subscribe to Infrastructure-as-a-Service (IaaS), Platform-as-a-Service (PaaS), managed hosting, colocation facilities, and other cloud-based solutions offered by multinational service providers. While these arrangements improve operational efficiency and scalability, they simul

Introduction : On AO3 right now, there are thousands of stories being built around Sherlock Holmes, Jane Austen's Elizabeth Bennet, and half the Marvel roster, written by fans who own none of the source material. On Wattpad, Indian readers do the same thing with Chulbul Pandey from Dabangg, Bajirao from Bajirao Mastani, and the extended universe of Yash Raj Films. Both sets of writers are doing something identical: borrowing a character someone else invented and taking it som

Introduction : Speed, affordability and finality are supposed to be the bedrock of commercial arbitration. When companies choose alternative dispute resolution over traditional litigation, they do so mainly to avoid the slow pace of the court system. In India however, a critical flaw in the statutory scheme often undermines this exact purpose. For instance, a situation where an arbitral tribunal issues a well-researched commercial award that happened to contain small, easily

Introduction : The verdict delivered by the Chief Judicial Magistrate, Central District, Delhi in State v. Satish Gupta & Anr. offers a careful reminder of the limits of Enforcing criminal remedies against Intellectual property Infringement. The accused Vinod Rathore and Satish Gupta were charged under Section 63 and 65 of the copyright Act and Section 103 and 104 of the trademark Act because automotive parts allegedly bearing the marks of Tata, Bosch and Kirloskar were seize

Introduction : The notice of invocation under Section 21 of the Arbitration and Conciliation Act, 1996 ("Act") has always been a tricky one in the arena of Indian arbitration law as it falls somewhere between the strictures of procedure and the consent of the parties. The Section 21 notice is actually a formal step under the statute which will begin the formal proceedings of the arbitration, in particular the suspension of the Limitation Act 1963-time bar. Commercial litigant

Introduction : It’s 2026, and the way we live has been truly revolutionised by contemporary technology. We are surrounded by hundreds of these minuscule pieces of silicon holding billions of microscopic switches called transistors, which are present in virtually everything from your car, refrigerator and home appliances to your phone, your Wi-fi, the earphones you have plugged in and even the laptop you’re using to read this article. Considering that most of us cannot imagine

Introduction : In the contemporary integrated cyber supply chain and cloud workflows, media organizations and production houses are the primary targets of digital blackmail. A data breach in M&E can put a company's most prized possession - intellectual property - at stake. In other industries, such as the healthcare sector, data breaches are mostly personal information. Whereas in the M&E sector, unreleased movies, proprietary algorithms, and celebrity contracts can be prompt

Introduction : The assignment of leasehold rights of the industrial plots has been a highly debatable issue under the Goods and Services Tax regime in India. Across India the State Industrial Development Corporation allots industrial plots through long-term leases, typically for 30 years or more rather than a sale. Generally two types of transactions arise from it; First, the primary allotment of the lease by the State Corporation and Second, the secondary assignment of the l

Introduction : In 2021, an employee working in Italy was penalized for visiting websites unrelated to his duties because of reasons like "The computer is the company's computer, therefore we can monitor everything." But here emerges the issue: is such monitoring necessary, legal, transparent, and proportional? It is just one of the numerous instances in which monitoring of the employees has become extremely invasive due to technological advancements and remote employment. The

Introduction : Let’s consider the case of a foreign investor who invested in an Indian company prior to 1 April 2017 and aims to exit in 2026 via a restructuring. The investment was grandfathered, but it was unclear whether the subsequent transfer would be subject to the General Anti-Avoidance Rules (“GAAR”). The uncertainty was further compounded by the Supreme Court decision in the Authority for Advance Rulings (Income Tax) & Ors. v. Tiger Global International III, which co

Introduction : Imagine that there is a theft of your watch which cost you a fortune, so what will one do, he can go to police to register an FIR. Here the word theft is only used for tangible assets. So what will happen to the assets which are intangible? Suppose you made a very beautiful painting using your thought process, investing your time and money and someone took out a photo of that painting and recreated it in the same way and sold it without your consent. Basically,