INSIGHTS

Introduction : Any business contract normally contains some form of dispute resolution mechanism. Supply contracts have it. Shareholders' contracts have it too. So do guarantees, joint ventures, and license agreements, meaning that a firm facing CIRP may already be embroiled in various arbitrations or enter into contracts with a potential to trigger disputes leading to arbitration. The situation is rather straightforward in theory, but not quite so in practice: the IBC is ess

Introduction : 3D printing is changing the legal meaning of manufacture in a way that fashion law cannot treat as a technological detail. A garment can now be designed digitally, produced layer by layer, adjusted to an individual body and sold as a single commissioned piece or a small run. The central question under India’s Designs Act, 2000 is therefore whether such production is sufficiently industrial for design protection. The first difficulty is terminological. The Desig

Introduction : Financial technology businesses increasingly derive their competitive advantage from information. A digital lender may use a proprietary credit-scoring model, a payments platform may develop fraud-detection systems around transactional patterns, and an account-based service may rely on sophisticated customer segmentation. Alongside these technologies sits personal data belonging to borrowers, account holders and users. The same technological ecosystem can there

Introduction : A company in financial distress that is already attempting to restructure its debts through a scheme of arrangement, might believe it is already taking action, while creditors may not be willing to wait for the restructuring process to conclude. The company pursuing a scheme might expect that because restructuring proceedings are already before a court, parallel insolvency proceedings should not be allowed to disrupt them. But can a creditor invoke IBC on an on

Introduction : In the event of financial difficulty, there is a critical difference between a commitment to arrange or provide equity and a legally binding guarantee, and lenders will typically look to sponsors or promoters to provide risk-mitigation measures such as third-party guarantees, support agreements, letters of comfort, shortfall undertakings, and non-disposal covenants. This article deals with conditions precedent of a contract of guarantee under the Indian Contrac

Introduction : The essay explores the myriad legal conundrums arising from the gradual adoption of Artificial Intelligence in public, professional, and creative spheres to conceive of various categories of Intellectual property. The essay re-iterates quintessential intellectual quandaries regarding ownership rights in Generative AI’s training models and algorithms, and whether works created using AI would be eligible under cyber law and international law to gain copyright pro

Introduction : Generative design software can generate scores of packaging ideas within minutes. A brand manager can ask for “a premium glucose-biscuit pack in warm yellow with child illustration” and get beautifully designed packages before lunchtime. However, these models are trained on extensive databases of images, including images of actual products placed on actual store shelves. Hence, an output generated by these models may unconsciously incorporate the very colour sc

Introduction : The concept of “Convenience" is too often mistaken for Compliance”. In fact, it is because of rapid development in information technology that we see the digital world filled with great opportunities ranging from creation of highly realistic content to various processes of content manipulation. The mere fact of having access to the digital content does not mean that it is legally okay to use it or commercially exploit it. As a result, the fast-forward movement

Introduction : Naming a brand has entered an era in which one types a product description into a generative algorithm and sees an instantly produced list of pithy, available-sounding names to choose from as the first step in the launch process. What one types into the algorithm and the list it produces have little bearing on the ability of the selected name to withstand claims of trademark infringement: whether the name one chose appears among hundreds of unregistered marks u

Introduction : The rise of the commercial side of generative artificial intelligence brought about a unique intellectual asset, prompt. Prompt became not a spontaneous message to be entered into a chatbot, but an elaborate set of instructions tested in a loop until it yielded the required result from the large language model. Enterprises develop prompt libraries which are considered their proprietary assets, comparable to source code in terms of internal business significance

Introduction : Recently, the Carnatic region was caught in a strife between its Multiplex Association and the Producer’s Council. The discord was rooted in a question asked by filmmakers across the country: “Can Producers push for Over-The-Top (OTT) Releases within four weeks of a theatrical release, or must there be a mandatory eight-week window?” If so, “What rights do Film Exhibitors and Producers have?” The traditional film was shot and released in theatres, where it cel

Introduction : Now, businesses such as retailers, hotels, landlords, and airlines use advanced revenue-management systems. These include tools that analyse market information to suggest recommendations or automatically set the prices. When the same system is used by several market players, a question arises: Should one think about these businesses as having coordinated their actions/action? The competition law allows firms to compare their prices with those of their competito