top of page

INSIGHTS
Search


Intermediary Liability for Copyright Infringement
Introduction : Online platforms frequently make content available without storing the relevant file on their own servers. A website may embed a video hosted elsewhere, display an image through an external URL, provide a hyperlink to an infringing page or redirect users to a third-party site. These technical arrangements complicate copyright liability because the platform may facilitate access without making a conventional copy of the work. The legal issue is whether such faci
Sep 38 min read


Liquidation of Intellectual Property Assets during CIRP under the Insolvency and Bankruptcy Code
Introduction : Intellectual-property assets can represent a company’s most important source of value. Patents may protect commercially successful technology, trademarks may embody years of consumer goodwill, copyright may subsist in software and databases, and trade secrets may contain the operational knowledge necessary to compete. Unlike machinery or land, these assets are intangible and their value often depends on continuing commercial use. When a company enters corporate
Sep 38 min read


Brand Protection against Deceptive Website Names in India
Introduction : A domain name is not merely an internet address. In online commerce, it can identify the business operating a website, distinguish its goods or services and carry the goodwill of an established brand. This commercial significance makes domain names vulnerable to deliberate misuse. Cybersquatting occurs when a person registers a domain name corresponding to a famous or distinctive brand, usually to demand money from the legitimate owner, divert traffic or exploi
Sep 36 min read


Digital Art Fraud in India: NFT Misappropriation, AI Scraping, Style Mimicry and Print-on-Demand Theft
Introduction : Digital art has expanded the creative economy by allowing artists to produce, publish and monetise work without traditional galleries or physical intermediaries. The same features that make digital art accessible also make it vulnerable to rapid copying. A work can be downloaded, altered, uploaded to a marketplace, used to train an artificial-intelligence system or printed on commercial products within minutes. Four forms of misuse are particularly significant
Sep 27 min read


Can Competitors Buy Trademarked Keywords in Indian Online Advertising
Introduction : Search engines allow advertisers to bid on words that trigger the display of sponsored results. This creates a commercially important question: may a company purchase its competitor’s trademark as a keyword so that its advertisement appears when users search for the competitor? For example, a restaurant may bid on “McDonald’s” so that its advertisement appears when a user searches for McDonald’s restaurants. The advertiser may never display the word in the visi
Sep 28 min read


Copyrightability of Computer Programmes as Literary Works
Introduction : Software is often described as a technical product, but copyright law approaches it through its expressive form. A computer programme is made up of instructions written in source code, translated into object code and executed by a computer to produce a result. The fact that code performs a functional operation does not remove it from copyright protection. The legal question is whether the code constitutes an original expression fixed in a legally recognisable f
Sep 29 min read


Procedural Flexibility in Trademark Evidence: The Impact of the Black Diamond Motors Judgment
Introduction : Trademark opposition and rectification proceedings depend heavily on documentary evidence. Parties must establish prior use, reputation, ownership, distinctiveness, bad faith and other facts that cannot ordinarily be proved through pleadings alone. Rule 45 of the Trade Marks Rules 2017 prescribes a two-month period for filing evidence in support of opposition or rectification proceedings. The legal controversy has been whether this period is mandatory, so that
Sep 16 min read


IP Protection for Digital Replicas of Industrial Equipment: Ownership, Access and Contractual Control
Introduction : In an industrial setting, a digital twin rarely consists of a single component. It may be embodied in CAD files, executable code, models, software algorithms, technical documentation, process instructions, sensor logs and historical operating data. This layered structure creates potential ambiguities over ownership at the time of procurement. The manufacturer may own the physical equipment and certain pre-existing engineering specifications relating to it. The
Sep 19 min read


Cyber Incident Disclosure by Listed Indian Companies
Introduction : There are multiple disclosure obligations, with multiple clocks, multiple audiences, and multiple statutes, that apply to a listed Indian company in the event of a cyber incident. The Securities and Exchange Board of India ("SEBI") mandates that material events be disclosed to stock exchanges in hours and the Indian Computer Emergency Response Team ("CERT-In") mandates that specified cyber incidents be reported to the government within 6 hours of an entity bein
Aug 3111 min read


Demystifying Insolvency vs Bankruptcy under the Insolvency and Bankruptcy Code, 2016: Why Terminological Confusion Still Persists in Practice
Introduction : Terms in law are not synonymous as even words that might have a similar meaning can be completely different in their impact and therefore, the consequences. One such set of words which are similar in everyday language yet completely different in the legal language are “insolvency”, “bankruptcy”, “liquidation” and “winding up”. A layman might use them synonymously but the issue arises when such usage also happens within the legal world where it has significant r
Aug 317 min read


Personality Rights Enforcement Against AI Deepfakes in 2026: Is Indian Law Ready for the Digital Doppelgänger Era?
Introduction : The creation of pictures, videos, and music has been altered by generative AI. A person's face may be convincingly superimposed on another's body, a voice can be copied from a brief recording, and a synthetic video can show a public figure promoting a product or making a political statement that they never authorized or uttered in 2026. These technologies are suitable for use in creative expression, dvertising, movies, and accessibility. Nevertheless, they have
Aug 317 min read


Tax Treatment of Employee Mobility and Short-Term Secondments
Introduction : The internationalization of the operations of firms has become common today and one way this manifests itself is through the mobility of personnel from one country to another. International mobility is simply a part of the operations of contemporary businesses. The firm may send its workers from one nation to another for a certain period of time to provide some kind of expertise to other units of the firm in order to manage the projects or expand the business.
Aug 277 min read
bottom of page
