top of page

INSIGHTS
Search


AI Liability Allocation in Enterprise Software Agreements: Warranties, Indemnities, and Termination Under Indian Law
Introduction : AI is now increasingly becoming part of the core of enterprise software products, from generative AI agents integrated into productivity tools to automatic credit scoring within lending platforms. Unlike a traditional software bug, an AI model could act exactly as intended and still produce a wrong, biased or infringing output because it is a probabilistic technology and not a deterministic one. This presents liability issues that standard software licence temp
Aug 267 min read


Digital Fair Use and the Plight of Content Creators: The Need to Amend the Copyright Act, 1957 for Transformative Works in the Social Media Era
Introduction : YouTube was the main platform for content creation in India before the COVID-19 blackout. However, the extended quarantine period caused widespread boredom among some segments of the populace, which led many to embrace content creation on new social media platforms like Instagram and TikTok, turning what had previously been a recreational activity into a feasible part-time or full-time career. The Copyright Act of 1957 must be immediately amended to protect the
Aug 256 min read


The MARQ Trademark Dispute: Injunctions, Inventory Sell - Off and Consumer Confusion
Introduction : The dispute concerns the competing use of the marks “MARQ” and “MARC” in relation to electrical and electronic goods. The litigation progressed from the Trial Court to the Delhi High Court and ultimately reached the Supreme Court. The principal proceedings before the Delhi High Court arose from the order dated 27 October 2018 passed by the Additional District Judge, Patiala House Courts, New Delhi. The appeal, FAO-IPD 46/2021, was decided by Justice Tejas Karia
Aug 2510 min read


The Legal Viability of "Right to Disconnect" Law in India: Need, Implications, and Way Forward
Introduction : In December 2024, an HR email from the home-salon startup Yes Madam went viral for telling over a hundred employees that the company was "parting ways" with everyone who had admitted, in an internal survey, to feeling significant work stress. YesMadam later said the termination was staged as part of an awareness stunt for a proposed "De-Stress Leave" policy, and that no one was actually let go. Whether or not it was a stunt, the backlash it drew was real, and i
Aug 258 min read


Foreign Direct Investment (FDI) compliance in strategic sectors: Approvals, beneficial ownership, reporting, filing and due diligence.
Introduction : Foreign direct investment is when a company from one country invests in or puts money into a business in another country. India is one of the most open economies in the world for FDI. FDI is an important source of capital, technology and expertise for India’s business and economy. While India permits FDI in most sectors, investments in sectors connected with national security, communications and other sensitive sectors are subjected to additional scrutiny and
Aug 247 min read


The Colour of Identity: Better Protection of Colour Trademarks in India
Introduction : If you are able to recognize a pack of Cadbury from the far end of a supermarket aisle, then you would understand my point. For a long time now, this purple color has served as the brand's identifier even before the concept of jingles or endorsement by celebrities emerged. Simply put, colors have always been more than just aesthetically appealing features; they actually speak a language on their own. Unfortunately, the rules regarding registration of color trad
Aug 244 min read


Tax Planning After the 2026 Buyback Changes
Introduction : Corporate share buybacks have become one of the most scrutinized tools of tax policy in India, and the Finance Act, 2026 marks the third significant change in their taxation since 2019. Under Section 115QA, buybacks were taxed at a flat rate for the company and this income is tax-exempt for the shareholders. The Finance Act, 2024 has abolished this company - level levy and treated the whole buyback proceeds as deemed dividend in the hands of the shareholders. T
Aug 2411 min read


State-wise RERA variations: what buyers and developers must know
Introduction : The RERA Framework The Real Estate (Regulation and Development) Act, 2016 (RERA) makes a significant shift in the regulation of India's real estate sector. Before the act, homebuyers often have to face delayed possession, diversion of project funds, and misleading commitments by developers. To address these concerns, the Act introduced several safeguards which aimed to make the market more transparent and accountable. It standardised the measurement and disclos
Aug 2212 min read


Steam or Splash? When Heat of Patent Law Meets the Cold Reality of Competition Law
Introduction : The Supreme Court of India is currently deciding a major legal issue that deals with exercising patent rights in a way that contributes to an unfair business practice. This situation occurs between new ideas via innovation with keeping the market fair through rules. Recently, in the matter of Competition Commission of India v. Swapan Dey, the Supreme Court stepped into this matter to solve this and determine whether the national chief market watchdog, the Compe
Aug 226 min read


IBC treatment of subsidiaries during group resolution: The Supreme Court’s 2026 discussion of corporate separateness and subsidiaries in CIRP
Introduction : A company incorporated and registered under the Companies Act, 2013, acquires the status of a separate legal entity. In the eyes of the law, it is an artificial person having a separate legal personality from its shareholders, meaning a company has the power to sue and be sued in its own name. When a company defaults, the members are not personally liable for the injury caused. However, in certain circumstances, the law holds its members personally liable, wher
Aug 2210 min read


Invention Capture Policies for Contract Engineering Teams: Law, Agile Practice, and AI Solutions
Introduction : The growth features of the startups are agility and innovation. They can bring in contractors or other specialized vendors to get the engineering done, which can result in rapid expansion, cost savings and the access to specialized skills. But when this topic of ownership of IP raised in collaboration brings up the question: who's responsible for the IP developed as a partnership? Owning the invention is not just something legal, it's the core that makes the st
Aug 216 min read


Regulatory Issues in Telemedicine Platform Models
Introduction : Telemedicine practices have seen an enormous increase in their implementation in India in recent times. Virtual consultations gained traction during the COVID -19 pandemic, and have since continued to be an essential part of the healthcare framework. Today, many telemedicine platforms do not just connect patients with duly registered practitioners but allow users to conduct online consultations, receive e-prescriptions, maintain medical records, and book appoin
Aug 218 min read
bottom of page
