INSIGHTS

Your Face Is Not Your Own Anymore: Deepfakes, Personality Rights and Why Indian IP Law is Falling behind. Somewhere in late 2023, a video started spreading on the Indian social media. Actress Rashmika Mandanna was in it, seemingly doing something she had not done, saying something she had not said. The video looked real. It sounded real. It was fake as well, it was a deepfake, a fake made by an artificial intelligence that had superimposed her face on another body with distur

Introduction The advent of digital advertising has brought trademark law into direct conflict with online market practices, particularly keyword bidding. The use of competitors’ trademarks by businesses to promote their own goods and services, albeit as invisible keywords, has often been debated as “infringement”, thereby causing unfair advantages and consumer confusion. Courts reveal a relatively permissive stance, as per established precedents, but the enactment of the Dark

Introduction The classical function of trademark law was to identify the source of each good or service in the market. Trademarks were meant to help consumers distinguish between similar ones. As per its definition, a trademark is a “ distinctive mark capable of graphical representation, which is used in commerce and is distinguishable from other marks in the market ” [1] . However, of late, trademarks have come to symbolise status, social affiliation, and personality [2] . T

Introduction Design rights and trademark protection overlap ever-so-briefly when the “design” of a commodity transcends its aesthetic nature and steps into the shoes of being a source-identifier. However, such evergreening of monopolistic rights has often been denied by Courts. Recently, in Godrej v. Reckitt [1] (“ the Harpic case ”), the Hon’ble Calcutta High Court upheld the tenets of fair competition in the market by refusing to protect the shape and structure of Harpic

Financial activity as principal business is when a company’s financial assets constitute more than 50 per cent of the total assets (netted off by intangible assets) and income from financial assets constitute more than 50 per cent of the gross income. Although the term principal business has not been defined in the Act, but in FAQ issued by the RBI it has been cleared for better understanding and desirous company has to fulfil both the criteria. The Reserve Bank has also def

Introduction For decades, India’s corporate governance framework has been shaped largely by the provisions of the Companies Act, 2013 [1] , which placed a strong emphasis on procedural compliance backed by criminal sanctions for defaults. This approach aimed to ensure strict adherence to statutory requirements, but over time it also exposed several practical limitations. Many businesses, especially small and medium-sized enterprises, found themselves navigating a complex web

Abstract Sidhu Moosewala’s 2026 Sign to God Hologram tour is creating excitement among his fan base, but raises questions related to Intellectual Property laws. This blog dives into India’s IP laws and examines questions like the ownership of Artificially Generated performances, posthumous rights to protect Moosewala’s legacy and the implications of the use of his brand on trademark matters. It also explores rights under the Copyright Act and Posthumous Rights. Introduction I

Introduction In a competitive market, businesses usually try to choose brand names that clearly show the nature and quality of their products. A name that tells customers what a product does, how it feels, or why it’s helpful seems appealing because it gets noticed right away. However, a name is attractive for selling doesn’t mean it can be legally protected. According to the Trademarks Act, 1999, whether a word can serve as a trademark isn’t just about being easy to market,

Introduction One of the most contentious issues in Indian arbitration has been whether, in the exercise of their supervisory authority under Section 34 of the Arbitration and Conciliation Act, 1996, Indian courts have the authority to modify an arbitral award. This question has been the subject matter of intense doctrinal debate, resulting in a “mosaic of decisions” from various Benches of the Supreme Court and various High Courts. However, in Gayatri Balasamy v. M/S ISG Nova

Introduction Article 226 of the Indian Constitution gives the High Courts of India the authority to issue writs for “any other purpose,” including the protection of fundamental rights. This Article enables the courts to take action in public law cases, safeguarding justice when the government or public authorities fail to fulfill their obligations. However, there persists debate over how far writ authority extends to the private entities. In the case of S. Shobha v. Muthoot F

A New Mandatory Representation Requirement Takes Effect The United States Patent and Trademark Office (USPTO) has issued a final rule amending its Rules of Practice in patent cases, a formal regulatory amendment that introduces a new mandatory requirement affecting all foreign patent applicants and patent owners. The rule mandates that any applicant/inventor or patent owner whose domicile is outside the United States or its territories must be represented by a patent attorney

Introduction In today’s world, artificial intelligence technology is used for many purposes, helping across many domains. But what if the content created by generative artificial intelligence technology infringes certain laws or breaches the standard criteria for publishing such content? Who will be accountable for the same? When any such question comes into play, everyone points a finger at someone else, and no one actually takes responsibility. This is what we are referring