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The ‘Skill-Chance’ Duality in Peril: Why India’s New Gaming Law is Heading for a Supreme Court Showdown
Introduction : Imagine waking up to find that your favorite strategy game, the one you have spent months mastering through logic and statistical analysis, is now legally viewed the same as an unregulated game of pure hazard. This is exactly what happened when the government passed the Promotion and Regulation of Online Gaming Act, 2025. As we sit in March 2026, the entire gaming industry has been forced into survival mode. While the government argues that these exacting measu
Oct 97 min read


Simultaneously Leveraging the Brand-New ASPECT Framework: A Practical Guide for Indian Businesses
Introduction : In today’s fast-paced commercial environment, intellectual property (IP) is no longer just a legal formality - it is a core business asset that drives valuation, competitive advantage, and market positioning. However, many Indian businesses, especially startups and SMEs, treat IP protection, contract management, compliance, and enforcement as separate, sequential activities. This siloed approach often leads to gaps in protection, missed commercial opportunities
Oct 86 min read


Shield, Not a Sword: Article 19(1)(g) and the Limits of Trader Monopolies
Introduction : With regard to the Indian commercial law framework, the issue of balancing the need to protect the established businesses and the entry of new entities in the market has always been a contentious one. While the former have always been vocal about their needs, the Judiciary has time and again held that the fundamental right to trade granted by Article 19(1)(g) of the Constitution does not allow them to take away rights of others. A recent Punjab and Haryana High
Oct 85 min read


Copyright and Digital Preservation of Indian Cultural Heritage: Ownership, Consent, and the Limits of Reproduction
Introduction : Enter any large Indian archive nowadays and you will find that conservation is turning into something much more like information technology : manuscripts scanned using high resolution techniques under raking light, oral epics captured to digital tapes, crafts documented frame-by-frame before the last generation of dying craftsmen passes the know-how on, or fails to. The National Mission for Manuscripts, a project of the Ministry of Culture currently reorganized
Oct 810 min read


The Invisible Balance Sheet: Valuing Intellectual Property in Indian Startup Insolvency
Introduction : The Indian startup ecosystem is no longer confined to businesses whose principal assets can be identified on a balance sheet. By 31 March 2026, more than 2.23 lakh entities had been recognised as startups under Startup India. A significant part of the value of technology, biotechnology, software and consumer-facing ventures may instead lie in patents, source code, trademarks, proprietary technology, licences, customer relationships and brand recognition. When s
Oct 75 min read


Customer Wallets In Insolvency : Who Own The Money When The Platform Fails?
Introduction : Digital platforms have fundamentally changed the way consumers pay for goods and services. A customer could top up a wallet on the platform, purchase a prepaid credit, pay in advance for travel, or receive a refund or gift voucher. Such vouchers and credits could sometimes take the form of store deposits or balances. While these are relatively straightforward in the case of a solvent platform, the position can sometimes be less clear if the platform becomes ins
Oct 714 min read


Trade Dress Protection for App Interfaces and UI: Redefining ‘Look and Feel’ in Digital Markets
Introduction : The visual identity of a mobile or web application, its colour palette , icon set , layout grid , navigation gestures, and the whole sensory impression it creates has slowly become as commercially valuable as any word mark or logo. Fintech, ride-hailing, food-delivery , and social media applications increasingly lean on a polished, steady ‘look and feel’ as a brand asset that gets crafted over years of design investment. Still, the design of a screen sits a bit
Oct 712 min read


Deconstructing “Material”: Materiality Scrapes Between Contractual Design and Judicial Defiance
Introduction : M&A contracts, like the Sword of Damocles, constantly hang over the parties to a transaction due to the various vicissitudes that govern the success of a securities deal. The time frame between the execution of the deal and its closing involves the acquirer in risk. If the intervening adverse event adversely affects the financial standing of the target, it could prove to make the buyer's original strategic and economic objectives a hollow gesture. To reduce thi
Oct 69 min read


Board Oversight of Artificial Intelligence Risk and Algorithmic Decision-Making: Directors’ Duties in the Age of the Black Box
Introduction : Artificial intelligence has shifted, in an incredibly short period, from the company`s laboratory to its balance sheet. Algorithmic systems now decide who gets credit, which job applications get forwarded for human consideration, how the price of insurance premiums is calculated, which transactions raise suspicions, how the stock inventory and chain of supply is organized, and increasingly, how the compliance function itself detects and processes any inaccuraci
Oct 628 min read


Criminal Breach of Trust in Failed Commercial Transactions: Where Entrustment Ends and Civil Recovery Begins
Introduction : A business relationship goes bad. Money that was supposed to arrive does not arrive. Goods that were paid for are never delivered. Somewhere in that fact pattern, one side files a police complaint alleging criminal breach of trust, and suddenly a contractual dispute that would ordinarily be fought out in a civil suit is a criminal case, with an FIR, an investigating officer, and the very real possibility of arrest. This happens far more often than the law actua
Oct 610 min read


From Incentives to Intangibles: Semiconductor Layout-Design Protection under the SICLD Act, 2000
Introduction : India’s semiconductor policy has moved beyond the language of aspiration into physical production. In September 2026, the Ministry of Electronics and Information Technology reported that five semiconductor manufacturing plants had commenced commercial production, while the next phase of policy was being directed towards design, materials, fabrication, advanced packaging, research and talent. That development makes an older part of India’s intellectual property
Oct 56 min read


Green Packaging as Brand Identity: Trade Dress Protection for Sustainable Fashion
Introduction : Sustainable fashion in India has moved beyond fabric and production processes. Brands are increasingly investing in distinctive eco-friendly packaging, kraft paper boxes, earthy colour palettes, minimalist labelling with green motifs, reusable cloth bags, as visual identifiers that signal environmental commitment to consumers. This “green branding” has become a competitive asset, distinguishing eco-conscious labels in a crowded marketplace. But as this packagin
Oct 57 min read
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