top of page

INSIGHTS
Search


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


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


Deepfakes and IP: Is Personality a New Form of Property?
Introduction: The Collapse of Reality and Identity With the advent of deepfakes technology, the notion of what constitutes one’s identity in the modern world has changed dramatically. The idea that there exists a constant and reliable identity of a person in his or her appearance and personality has become questionable, since the face, voice, and other unique features of any person can be convincingly mimicked through such software, producing a deepfake video with the depicte
Jun 196 min read


Standard Essential Patents Extend Beyond 5G to Drive Innovation Across Multiple Technologies
Introduction If you talk about Standard Essential Patents (SEPs), you'll inevitably come to the topic of 5G, which is one of the most important aspects of the discussions. But this approach doesn't do justice to the scope of an institution that regulates almost all of the connected technologies that are in use in commerce today – from the hospital ward Wi-Fi router, to the safety sensor in a modern car. An SEP is a patent that is so basic to a technical standard that any manu
Jun 155 min read


Green Patents: Balancing Innovation, Access and Environmental Protection in India
Introduction Amongst the biggest threats of the 21st century is the climate change phenomenon, which has required governments all over the world to step up their efforts to develop and popularise sustainable technologies. At the core of this transformation are the intellectual property rights, particularly patents, that serve as a mechanism to incentivise innovators by granting them temporary monopoly power to provide sufficient incentive to engage in costly R&D. However, whe
Jun 136 min read


Are Patent Waivers without the disclosure of Trade Secrets effective during Global Pandemics?
Introduction Patents are important because they grant creators a legal monopoly on the use of their inventions for a set period (usually 20 years), allowing them to benefit financially from their creations. But patents don’t include “trade secrets”, i.e., know-how. So while the general public may have access to the product, they do not have access to the actual know-how (such as clinical trial data) required to produce it. Therefore, if you waive the patent over a drug but c
Jun 126 min read


Intellectual Property Valuation in Indian Unicorn Start-Ups: Legal and Governance Challenges
In January 2016, Prime Minister Narendra Modi launched Startup India with a clarion call to transform the country into a nation of job creators rather than job seekers. A decade on, the numbers are striking. India has grown from 4 unicorns in 2014 to over 130 today, with a combined valuation exceeding USD 350 billion, cementing its place as the world's third-largest unicorn ecosystem behind only the United States and China. Companies like Zerodha, Razorpay, CRED, Meesho, Phon
Jun 107 min read


Trade Secrets in the Age of AI: Can Internal AI Models Be Protected?
Introduction AI ("Artificial Intelligence") has come a long way from being an experimental technology to one of the most valuable commercial assets of the modern economy. From automating processes to generating insights, from enhancing decision-making to personalizing customer experiences, from detecting fraud to optimizing supply chains, and from creating competitive advantages to what was once impossible, businesses across industries are increasingly turning to AI systems t
Jun 1012 min read
bottom of page
