INSIGHTS

Introduction In present times, when you think about property, intangible property is commonly included in such a definition. With the increase of commercial value of intellectual property, people are now extremely interested in the ownership of such property. Hence, they are now on par with tangible property. Therefore, the question arises, how are such properties, more specifically trademarks, distributed in the case of inheritance and succession and how effective is the cur

Introduction Tarot cards are no longer just a mystical tool but they have become a whole new industry of wellness and creativity. Just on a single social media platform, on a regular basis, we see a lot of creators from India become Tarot readers, this tarot reader economy then becomes businesses, communities with loyal followings and customers. The readers of Tarot cards and the community they have feel a sense of belongingness, beyond it just being a commercial means of inc

Introduction Few judgments in the field of Indian labour laws have been as controversial as the judgment which was given in Bangalore Water Supply & Sewerage Board vs. A Rajappa (1978). In a judgment by a seven-judge bench, the Supreme Court had interpreted the term “industry” in Section 2(j) of the Industrial Disputes Act, (IDA) 1947 in such a way that it included within its ambit not just commercial enterprises and factories but also hospitals, charitable institutions, scho

Introduction Counterfeiting in the physical world is often identifiable through sensory cues. As you go through the crowded, underground lanes of the Palika Bazaar of New Delhi, a fake Nike sneaker gives itself away in its irregular stitching, the characteristic odor of cheap synthetic rubber, or slightly off-centered logo. However, the rise of immersive digital platforms and virtual commerce has shifted counterfeiting concerns into digital environments, where the traditional

Introduction A first-time user's experience with a software-as-a-service app isn't limited to using a product they configure. What they experience is a curated design journey - a carefully contemplated experience. This experience is the onboarding journey, and for many SaaS companies, it can be a key differentiator. But brand equity has been developed by companies like Duolingo, Notion, and Slack, not only through the functionality of the product, but the unique feeling one g

Introduction Educational Institutions play a significant role in shaping the society by imposing discipline, uniformity, ideal behaviors and social responsibilities. One of the important and essential aspects of school life is dress code or uniform. This initiative was brought to introduce uniformity, secularity, and equality etc. irrespective of the students’ background (financial conditions, caste, religion and community). But these educational institutions' culture has bec

Introduction When Cross-Border Contracts Become Complex Consider a situation where an Indian importer makes a long-term supply agreement with a manufacturer. The transaction starts well. A dispute arises later about defective goods and delayed payments. The Indian party wants to solve the dispute in the courts, but the Vietnamese party wants it in Vietnam. Questions come up about who decides, which laws apply and how to enforce any decision made. These situations happen ofte

Introduction India’s approach to branding has become different. A decade back, the rule was to start in English and then localize. Now, brands starting D2C or regional first take the opposite route, choosing a Hindi name, a Devanagari-Roman combination logo, or even building the mark to be flexible with scripts from the beginning. While this may be seen as only a marketing decision, it places the brand firmly within an area that remains largely unaddressed in India’s trademar

Introduction The constant inception of new technologies by industries puts patents at risk. Having more than 3.7 million patents means IP attorneys struggle to manually assess whether someone has infringed on their invention. Despite the traditional methods, the challenge and patent avalanche are too great. The current era is only beginning to patent inventions, and the actual value of an invention comes from the fact that the rights of the patentee are protected by their rig

Introduction India’s first accepted olfactory trademark is a significant moment in Indian trademark law. The acceptance of Sumitomo Rubber Industries’ rose-scent application raises important questions about graphical representation, distinctiveness, and functionality, as well as the recognition of non-traditional trademarks under the Trade Marks Act, 1999. This article examines the challenges related to olfactory marks, referencing the landmark Sieckmann decision. It also ana

Introduction In the digital age, content knows no borders, but ownership remains trapped in grey zones, Copyright wars shatter creativity, and the law still stays in its ambiguous zone. Infringers wage a silent war that slowly unfolds - where echoes of ownership grow cold. Over-the-top Platforms came to the rescue of people during the quarantine phase, bringing the industry to a boom. The global market size of the digital platform was $0.45 trillion in 2024, attracting around

Introduction A modern infusion pump, pacemaker programmer or radiology workstation is rarely a finished object at the point of sale. The manufacturer keeps changing it: firmware patches, feature unlocks, and now machine-learning models that are retrained and pushed out long after the device has left the factory. That ongoing change creates a problem Indian intellectual property law never set out to solve. When the code on a device that has already been sold is rewritten, does