INSIGHTS

Introduction Copyright ownership is frequently misunderstood in commercial practice. Many businesses assume that the payment for creative or technical work automatically transfers ownership of intellectual property. Under Indian law, this assumption is incorrect. The ownership of copyright depends on statutory law, the terms of the employment contract, and, above all, the contract. The issue of whether one is an employee or an independent contractor is one of the most importa

Introduction In a survey conducted by Deloitte, more than 90 per cent of Indians agree to the terms and conditions contained in the clickwrap agreements without reading them. This is the blind consent that is often employed by modern user interfaces. The UX design and packaged consent clauses conceal important obligations, and the latter can even force privacy disclaimers on such contracts. Misrepresentative or hidden terms can be struck down in the Indian Contract Act, 1872.

I. Introduction The digital ecosystem of India has grown rapidly to create new methods for producing and sharing protected works but this development has also increased the likelihood of copyright violations which occur through online platforms. Online piracy currently operates through multiple channels which include unauthorized streaming services and torrent downloads and mirror websites and illicit digital uploads and these channels are becoming more advanced. Creation of

Introduction Data has emerged as a new core asset with the enforcement of the Digital Personal Data Protection Rules, 2025 (operationalizing the Digital Personal Data Protection Act, 2023) and this has impacted India’s Corporate landscape as well. The DPDP Act, and its accompanying DPDP Rules, effective from January 3, 2025, establish a comprehensive framework for handling digital personal data. Though due diligence lacks statutory compulsion in mergers and acquisitions (M&A)

1. Introduction: The Historic 21 November 2025 Order The Indian intellectual property rights legal framework has undergone a fundamental shift in its structure with the formal acceptance of the country's first-ever trademark for an olfactory mark on November 21, 2025. [1] The order was issued by the Controller General of Patents, Designs, and Trade Marks (CGPDTM) for a rose-scented tyre designed by Japanese tyre producer Sumitomo Rubber Industries. [2] For several decades, t

Introduction “The right to be let alone is indeed the beginning of all freedom.” ~ Justice William O. Douglas The law of trademark was developed to conserve source identification and to shield the consumers against misleading business practices in the territorially delimitated commercial settings. Digitization of business has upset this structural assumption by shifting the transactions to platform mediated ecosystems marked by algorithmic visibility, cross border trade as we

The main aim of the regulator is to protect the interest of investors. Many investors do not know their shares and dividend transferred to Investors Education fund due to unacclaimed it. As per law if any shares and dividend are unclaimed for 7 or more than 7 years then it shall be transferred to Investor Education Protection Fund. For recovering those shares share holders have to follow the certain procedure and compliance checklist. Earlier, the process was very cumberso

Introduction The Supreme Court bench comprising of Justices D.Y. Chandrachud and M.R. Shah in Forum of People’s Collective Efforts (FPCE) & Anr. Vs. State of West Bengal., ruled on the West Bengal state law on real estate regulation. The Apex court declared the West Bengal Housing Industry Regulation Act, 2017 (hereinafter referred to as “HIRA”). WB-HIRA) as unconstitutional. As soon as the WB-HIRA act was passed it was challenged before Supreme Court by the Forum for People’

Introduction The digital revolution has transformed many aspects of governance and legal administration is no different. One of the most significant developments in the area of legal administration has been the implementation and gradual evolution of e-adjudication systems in penalty proceedings under various statutory frameworks in India. In India’s journey to create a digitally empowered society and knowledge economy as embodied in the Digital India initiative, e-adjudicati

Introduction The interaction between intellectual property law and the law of consumer protection yields an interesting convergence of legal norms and societal goals. In India, both the Trademark Act, 1999 and the Consumer Protection Act, 2019 have different yet intersecting goals—one protects commercial goodwill and brand name, while the other protects consumers from deceptive trade practices and dishonest behaviour. Both of them, combined, create a legal system that not onl

Introduction In a world that is progressively heading towards conscious consumption, origin-based branding has become a significant variable in determining trade value. Consumers are increasingly aware and concerned to learn about where their food has been sourced, how it was grown, and the cultural meaning of it - all of which help define "origin". It is clear that, through "Geographical Indications", placing emphasis on how a product is seldom merely a commodity - it is a s

Introduction Every business organisation keeps certain important information. It can be related to the process of any business, any management or administrative activities, or any other secret information that is crucial for the benefit of the company, which can be said to be a trade secret. The world has realised the need for a legal protection mechanism for trade secrets, but there is a need for an effective mechanism to be developed. It is common knowledge that information