top of page

INSIGHTS
Search


Protecting Ideas Without Stifling Markets: The IP-Competition Law Nexus
Introduction The objective of this article is to outline an economic analysis of Intellectual Property Right (IPR) law and its association with competition policy. The relevant economic literature on this is immense and complicated. Here we will aim for straightforwardness to derive the main principles and proposing clear rules that might help to shape the implementation and structure of both Intellectual property and Antitrust laws. While our analysis does not include every
Jun 268 min read


Safari Retreats and the Functional Plant Test: Rethinking Blocked Credits under GST
Introduction From its inception, the Goods and Services Tax (GST) was sold politically and constitutionally as a “good and simple tax” premised on seamless input tax credit (ITC) and tax neutrality. Yet some of the most litigated provisions in the regime are precisely those that block ITC, especially Section 17(5)(c)/(d) of the Central Goods and Services Tax Act, 2017 (CGST Act). The Supreme Court’s judgment in Chief Commissioner of Central Goods and Service Tax & Ors. v. Saf
Jun 268 min read


India’s Labour Law Reforms: Examining the New Labour Codes
Introduction The origin of labour legislation in India is the protection of the workers by ensuring minimum wages, safe working environments and industrial dispute resolution procedures. Yet, as time progressed, the system of labour laws in India got complicated as a number of laws were enacted to solve the problems that were specific to the industry and social issues. Consequently, employers, workers and regulators tended to go through the disjointed legal system with a lot
Jun 255 min read


Trademark Infringement in the Era of Influencer Marketing
Introduction The fusion of trade and social media has altered the brand customer relationship. While the Indian influencer marketing sector is currently valued at 3600 crores (approximately) in 2024, it is predicted to increase by 25% in 2026. Both established and emerging brands collaborate with influencers and market their products to huge masses of users over various social media networks like Instagram, Youtube and short form video based social media networks. The fast b
Jun 257 min read


Transferring IP via Offshore PEs: Lessons from Recent BGH & IPAB Decisions
Introduction: The globalization of business operations has transformed intellectual property (“IP”) from a legal asset into a driver of enterprise value. Patents, Trademarks, Copyrights, software, trade secrets and proprietary know-how frequently constitute the valuable assets held by a multi-national enterprise (MNEs) or any company. As a result, many corporations have adopted mechanisms that centralize the ownership of intellectual property in offshore entities or Permanent
Jun 257 min read


The Commercial Afterlife of Expired Trademarks
Introduction: In the commercial sphere, trademarks are more than a legal identification of a brand; they are powerful symbols of reputation, consumer trust, and brand identity. A trademark enables consumers to distinguish the goods or services of one enterprise from those of another, while simultaneously embodying the goodwill and commercial value developed by a business over time. As pointed out by Andy Warhol, A Coke is a Coke, and no amount of money can get you a better Co
Jun 257 min read


Analysing Boundaries of legal Personhood: Artificial Intelligence And Copyrights Conundrum in the E-sports Industry
Introduction The Esports industry has evolved from being just a mere interest to almost a 2 billion dollar industry in the Global market. Over the last decade, it has evolved to become one of the most active and rewarding sectors of the Economy. At the heart of such electronic renaissance, rests Artificial Intelligence. AI has played a very important role within the gaming sector, not only has it helped in creation of several features within the game, like that of maps and co
Jun 255 min read


AI-Generated Content and the Copyright Act, 1957 — Is There a Gap in Indian Law?
Introduction The rapid advancement of Artificial Intelligence has fundamentally disrupted the creative ecosystem. Tools such as ChatGPT, DALL-E, Midjourney, and Suno AI are today capable of generating text, images, music, poetry, legal briefs, and cinematic script outputs that are, in many cases, indistinguishable from human-created works. These AI systems do not merely assist human creativity; they independently generate original creative output with minimal or no human auth
Jun 248 min read


The Death of Physical AGMs: Legal Challenges of Fully Digital Shareholder Democracy
Introduction The holding of a physical AGM over the virtual AGM became a mandate during the COVID-19 pandemic which allowed shareholders flexibility in holding a meeting with zero contact. However, with its advantages to its functionality, there were various disadvantages related to trust, data security, technical glitches etc. By issuing a circular in 2011 under Corporate Governance the Ministry of Corporate Affairs has promoted less pollution and wastage, and moved towards
Jun 246 min read


The Spotify Clause: How Streaming Royalty Disputes are Exposing The Fault Lines in India’s Copyright Act
Introduction Spotify, one of the leading music platforms in India, entered the market on 28 February 2019, though with its entry into the market, most of the major music labels went against it, landing it in a legal storm. Warner Music Group and Saregama India filed for injunctions, and Saregama succeeded. The launch that had been waited for was immediately mired in litigation. This was not merely corporate posturing, it was a symptom of a much deeper structural problem embed
Jun 2411 min read


AI Algorithms as Trade Secrets: Hiding the Brains Behind the Machine
Introduction: Any time you see a credit card transaction approved in a few milliseconds, an application reviewed by an algorithm that's never been read by a pair of human eyeballs, or your social media feed rearranged itself according to your preferences, an algorithm has made a choice. Algorithms aren't tools that gather dust. They're the corporate heartbeats of some of the planet's most profitable businesses, working in silence, earning quietly, and largely kept hidden away
Jun 2410 min read


Artificial Intelligence and Copyright : Who owns AI-Generated Content?
Introduction AI is a heavily debated subject in the current tech. landscape. The capability of a machine to execute tasks that necessitate human intelligence is referred to as AI. John McCarthy stated that “Artificial Intelligence is the engineering and science of creating intelligent machines, particularly intelligent software programs”. Artificial intelligence is mainly created to replicate the ability to think and solve problems like humans. AI has rapidly developed, causi
Jun 236 min read
bottom of page
