INSIGHTS

Introduction Indian trademark law is structured upon a dual foundation: the statutory regime under the Trade Marks Act, 1999 and the common law remedy of passing off, which the statute expressly preserves.¹ While these two systems ordinarily function in harmony viz. registration conferring exclusive statutory rights and passing off protecting goodwill generated through use, tensions arise when both sets of rights vest in different parties in respect of the same mark and

Introduction In the context of Indian corporate governance, Related Party Transactions (RPTs) have been the point of discussion. While it is true and definite for a company's interaction with its related parties, such as promoters, directors, etc., there can always be a possibility of a conflict of interest during business operations. Such conflicts tend to open the doors to unfair benefits at the expense of the company for its related parties. Post recognition of this issue,

Introduction: E-Commerce and FDI in India Foreign Direct Investment (FDI) in its legal context as referred to in the Indian context is a capital contribution by a foreign person, in an unlisted Indian company or through the acquisition of at least 10 % of the equity shares of a listed company.[1] In India, the nodal agency in terms of formulation and administration of the FDI policy, along with the sectoral caps, entry routes, and conditions under which FDI may be accepted is

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