INSIGHTS

Introduction A product’s visual identity now rivals its name or logo in importance. Packaging, color schemes, shapes, and overall design are not merely aesthetic choices; they are powerful tools of brand communication that shape consumer perception and purchasing decisions. This distinctive visual presentation, legally recognized as trade dress, has become a cornerstone of intellectual property protection worldwide. In India, where consumer markets are diverse and highly comp

Introduction A car where the back seat heater will only turn on if you pay the monthly fee. A smart speaker that quietly loses a feature it originally had only because the company after a year decided to take fees for that feature, the biggest example is Spotify. No new sales But the manufacturer introduced a firmware update and now the owner cannot do anything with the thing that they have purchased. This is the new way of owning hardware. Devices not sold and left alone. It

Introduction Regulation 2 (w) of the ICDR Regulations, 2018 defines Initial Public Offer [“IPO”] as an offer of specified securities by an unlisted issuer to the public for subscription and includes an offer for sale of specified securities to the public by any existing holders of such specified securities in an unlisted issuer. In easy words, an Initial Public Offering is the process by which a private company sells its shares to the public for the first time to raise equity

Introduction The landscape of cross-border intellectual property transfers and tax liability in India has undergone a significant shift over the years. Indian jurisdiction is moving more towards the principle of economic substance instead of emphasizing on formal documentation. For multinational enterprises the intersection of IP situs, royalty characterization, and General Anti-Avoidance Rules (GAAR) now demands a strategy which is grounded in operational reality rather than

Introduction India's franchise sector has expanded significantly in food chains, retail stores, and coaching centers, enabling brands to grow without substantial investments. However, when companies license their name and logo to numerous partners without quality oversight, consumer experiences vary across outlets. Consequently, the legal value of the mark diminishes, as trademarks are intended to ensure consumers receive consistent experiences. Every franchise deal is really

Introduction Intellectual property law in 2026 is being shaped by a new generation of disputes that go far beyond traditional brand or copyright questions. Courts are now dealing with AI training data, digital impersonation, celebrity identity, and the reach of agency power in patent and IP matters. What makes this year important is that many of these disputes are not isolated problems. They reflect a larger legal question about how old IP rules should work in a world of gene

Introduction In the contemporary global economy, patents are now an important form of intellectual property, as they increasingly focus on technological innovation. There is an unprecedented surge in patent filings, as businesses across sectors are investing significantly on resources for the purpose of research and development. However, obtaining a patent does not naturally result in commercial success. Every year, across the globe many patents are granted; only a small numb

Introduction Are a 'well-known trademark' under Section 11 and a 'trademark having a reputation' under Section 29(4) of the Trade Marks Act, 1999 the same thing? If courts have treated them as equivalent, are they right to do so? Indian trademark law draws a critical but mostly overlooked distinction between a well-known mark under Section 11 and a mark with a reputation under Section 29(4). The former provides us with an absolute bar on registration of a conflicting mark, th

Introduction It is rather easy for data to move across borders in the contemporary digital environment, sometimes without us even realising it. Data pertaining to the person in question gets shared each time there is an exchange conducted online, while engaging socially over social networking sites, using cloud storage facilities, and other methods involving digital products or services. It has now become a matter of major importance when it comes to current day data protecti

Introduction AI-generated works are those produced with the aid of AI systems, such as software that generates output based on data and algorithms. It can range from simple texts and images to complex literary, artistic, musical, and cinematographic works. The ownership of author’s work created by generative AI has raised complex legal issues in copyright law. The challenges faced by ‘traditional ownership concept’ is that the existing Copyright Act is not well equipped to fa

Introduction Read any of the sustainability reports of the Indian conglomerates. You will see pictures of smiling employees in branded T-shirts planting saplings, tribal women learning coding, or solar panels shining bright in golden light. You can find the stamp of full CSR compliance on the same company's Board's Report. When you go to their investor relations page, you will see three ESG ratings, a sustainability award and a pledge to become a net zero. Today companies are

Introduction Imagine a scenario where: It is the last over of a thrilling IPL match at the jam-packed Chinnaswamy Stadium in Bangalore. The stadium is alive with a diverse set of people cheering, phones held aloft to record and capture everything, and millions watching it around the world. While the media focuses on the skills of the players and the electrifying atmosphere, there’s another force playing out in parallel - Intellectual Property. Right from the use of the team l