Before making a purchase, or engaging a service provider, or even simply responding to an email, consumers search for a company online to verify its authenticity.
In the matter of Union of India v. Ahluwalia Contracts (India) Ltd , the Hon’ble High Court of Delhi ("Court") addressed the evidentiary standards required for claiming loss of profits in arbitral proceedings.
The Controller General of Patents has ordered the removal of a patent agent from its register, following a committee report on his professional misconduct. The report was made following directions from the Delhi High Court in a case where the applicant raised concerns about their agent. ...
Pursuant to the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the personal data of a 'Data Principal' can be processed only in accordance with the DPDP Act and for a lawful purpose for which the Data Principal has given consent. This consent needs to be 'free, specific, informed, unconditional and unambiguous' with a clear affirmative action. ...
Pursuant to the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the personal data of a 'Data Principal' can be processed only in accordance with the DPDP Act and for a lawful purpose for which the Data Principal has given consent. This consent needs to be 'free, specific, informed, unconditional and unambiguous' with a clear affirmative action. ...
The odds of successfully obtaining or protecting a trademark depend on various factors. For example, the presence of identical or similar marks, either pre-existing on the trade marks register or available in the market is a fundamental test. Another factor is the proposed mark’s distinctiveness, or its ability to stand out on its own. ...
When hardcoded statutory deadlines are violated, can delays be condoned? This was the central question answered by the Delhi High Court in The European Union Represented by the European Commission vs. Union of India. The court allowed for an extension of a non-extendable statutory deadline in a patent matter because of the exceptional circumstances of the case. ...
Cinema is a way of life in India, and the one film that epitomizes this national obsession is Sholay. Released nearly half a century ago, Sholay is a genre-defining film, whose appeal transcends all boundaries of geography, language, ideology, and class, and that established standards for what we now call “masala” blockbusters. ...
Trademarks in India are governed by the Trade Marks Act, 1999 (“Act”) and Trademark Rules, 2017. The Act provides the procedure for the registration of any mark capable of being represented graphically as a word, device, label, numerals, or combination of colours, shape or sound, and capable of distinguishing the goods or services of one person from another. In other words, a trademark is a source identifier of businesses, products and services. ...
The forum for adjudicating commercial suits in India is governed by the Commercial Courts Act, 2015 (“CCA”), where cases are heard by courts at different levels depending on the valuation of the suits. Lesser-valued cases are heard by courts lower in the judicial hierarchy and fall outside the direct scrutiny of the CCA, thus being subject to relatively lower regulation. ...
Inventions that fall within, or overlap with, disclosures in the prior art are called “selection inventions”. Generally, selection inventions involve the selection of one or more specific embodiments, such as individual elements, subsets, or sub-ranges, within a larger known set or range disclosed in the prior art. This raises critical questions around how the novelty and inventive step of selection patents should be judged. ...
The Digital Personal Data Protection Act, 2023 ("Act") establishes a comprehensive framework for the protection of personal data in commercial processing including through the requirement of consent, while preserving...
After years fighting over the geographical indication (GI) “Pisco” on foreign shores, the long-running transnational dispute between Peru and Chile has spilled over into Indian courts as well.
On June 12, 2026, the Ministry of Finance (Department of Economic Affairs) notified the Foreign Exchange Management (Non-Debt Instruments) (Third Amendment) Rules, 2026 ("Amendment Rules"), introducing...
Trademark exclusivity has its limits, particularly in relation to common or descriptive elements forming part of composite trademarks. In Anuradha Sharma v. Jiva Ayurvedic Pharmacy Ltd.
India's gig economy has grown exponentially over the past decade, but its legal framework has struggled to keep pace. While digital platforms have transformed sectors such as food delivery...
The Government of India, in its continued effort to decriminalise and rationalise offences and promote trust-based governance to improve the ease of living and doing business, has enacted the Jan Vishwas...
When you buy that drink because you like its quirky-shaped bottle, or fondly recall the unique colour of that box of cookies your favourite aunt gifted you, you are subconsciously focusing...
On June 3, 2026, the Supreme Court released a preliminary draft of Regulations for Use of Artificial Intelligence in Courts, 2026 ("Draft Regulations"), inviting comments and suggestions from stakeholders...
Trademark law often works on a simple premise: if you want to keep your rights, you must actively maintain them. Renewing a trademark, therefore, gains particular significance...
Delays in the trademark registration process are a major concern for brand owners. To address this, many entities apply to expedite trademark applications for reasons of commercial expediency...
Have you have ever accidentally clicked on the more expensive option while booking plane tickets because of a misleading color scheme? Have you bought a t-shirt impulsively because the website...
The Delhi High Court has clarified that Indian patent applications cannot be refused solely because approval from the National Biodiversity Authority (NBA) is pending...