INSIGHTS

Introduction Shein has rapidly emerged as a dominant global force in e-commerce, with an estimated valuation of $45 billion as of January 2024, by capitalising on an ultra fast production cycle. The commercial success is fundamentally predicated on a technological infrastructure that integrates data analysis, proprietary algorithms and artificial intelligence to identify and respond instantly to market trends. The core mechanism involves collecting vast amounts of consumer da

Introduction Indian markets are facing a meaning plethora of options in every product category and service. Trust building is a major problem faced by all businesses as trust is an unevenly forged commodity. Besides, the classical trademark serves the primary function of identifying the source; there are two supplementary devices in the Indian trademark regime in the shape of certification marks and collective marks, which carry further connotative dimensions regarding qualit

Introduction The Digital Personal Data Protection Act, 2023 (DPDP Act), [1] is a significant development in the Indian privacy regime. The DPDP Act cautions the rights of data principals (individuals) and obligations on data fiduciaries concerning consent, purpose restriction, data minimisation, and the right to correct/erase. Conversely, the Indian IP regime regarding copyrights, patents, trade secrets, database protection, and contract licenses treats information and creat

Introduction: A Turning Point in Indian Trademark Jurisprudence The recognition of the first scents-based trademark for India in the year 2025 is a turning point for the intellectual property regime of this nation. The concept of trademarking, as it stands in India, has always been based on visual and graphical elements such as words, logos, symbols, labels, and shapes that can be easily distinguished and depicted graphically. The recognition of a scent as a trademark upsets

Introduction The foundation of AI systems is built on the data collected from various sources. The richness and size of datasets is usually correlated with the performance of AI models. Yet, the majority of the data used to develop these datasets contains Personally Identifiable Information (PII), including text, photos, videos, and digital media, and will likely be used in great amounts when developing AI systems. As a result, the Digital Personal Data Protection Act of 2023

Introduction The hybrid working arrangements and economic variability, post-pandemic, has raised the culture of moonlighting. Employees take additional tasks and roles as a source of supplement earning, providing financial security and skill development. However, employers, on the other hand, employers take it as a threat to loyalty, productivity, and confidentiality. Indian jurisprudence on labour, however, stays silent on the legal provisions surrounding moonlighting, which

Abstract The Indian music streaming market has been consolidated partially, and its competitors are beginning to behave in a manner that creates serious legal problems under Competition Act 2002 and Copyright Act 1997 . Having a narrower focus on the statutory licensing provision, abuse of dominance, exclusive dealing, and the restriction of licensing, this paper will examine the primary legal risks caused by competitor actions. This paper explains ways in which courts and re

Introduction In recent years, trademark owners especially large corporations and online companies have increasingly shown reliance on defensive trademark registration as a means to secure their possible future commercial interests. These trademark registrations are usually done not with the intention to utilize them commercially in the near future, but to reserve the right to prevent other individuals or companies from using similar trademarks defensively, it becomes a seriou

Introduction The relationship between intellectual property rights and the secondary market for products has always posed a great problem to Courts across the globe. The main issue pertains is related to resale of branded product and their qualification as to trademark infringement. Secondly, to what extent transparency and honest disclosure can serve as a shield for resellers when they are dealing with products of unauthorised nature. While the Delhi High Court has examined

Introduction: The Bargain and The Barrier Patent law operates on a bargain: innovators disclose their inventions in exchange for a time-bound exclusivity. Yet, not all innovations qualify for this bargain. Section 3(b)  of the Patents Act, 1970   (Hereafter referred to as ‘The Act’) carves out an exception for inventions which are not patentable. At first glance, the provision seems straightforward; the difficulty, however, lies in evaluating whether the harm is real or merel

Introduction The Trade Marks Act, 1999, tries to strike a balance between the proprietary rights and ensuring fairness in this competitive world. The general rule is that a registered proprietor exclusively enjoys exclusive rights to their mark. But there are certain exceptions to this general rule, one of such is Section 12 . Section 12 of the Trademarks Act, 1999  states that when more than one proprietor of a similar or identical trademark registers the trademark in an hon

A. From Bottlenecks to Breakthroughs: A Comparative Analysis of India’s IPO Reforms The Indian startup ecosystem has come a long way over the past ten years, but regulatory challenges were always a hindrance to IPO plans, particularly for firms with overseas structures. The much-awaited reform of the 2025 SEBI ICDR Regulations [i] transformation signals a move away from an antiquated, promoter-centric IPO regime to the modern, institutional-friendly, and technology-savvy reg