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Unambiguous Contract:
July 2, 2025
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Unambiguous Contract: Not a Playground for Internal Aid...

In a recent judgement that reinforces the sanctity of a contract, the Division Bench ("DB") of the Delhi High Court ("DHC") in Oil and Natural Gas Corporation v. JSIW Infrastructure Private Limited has re-affirmed the foundational principle of contractual interpretation, ...
June 18, 2025
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Loss of Profit Must Be Proven, Not Presumed: Delhi High...

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....
Let numbers talk
May 22, 2025
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Let numbers talk: Branding numeric trademarks in India

Is your brand ready for the numeric revolution? The “2929” Delhi High Court decision signals a pivotal shift, proving numbers can be powerful, distinctive trademarks in a rapidly evolving digital landscape. ......
April 16, 2025
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Served or received, that is the question: an Indian tra...

In a recent decision, the Delhi High Court highlights critical issues surrounding the service of notice in trademark proceedings. ......
April 9, 2025

HYPERLINKING A DEFAMATORY ARTICLE: DEFAMATION OR NOT?

In a recent judgment , the Delhi High Court ("Court") has examined whether hyperlinking to alleged defamatory content would amount to republication and therefore give rise to a fresh action for defamation under Section 499 of the Indian Penal Code, 1860. ......
February 11, 2025
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The Differing Scope Of Revocations And Invalidity Defen...

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. ......
February 7, 2025
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Sound Advice: Navigating Phonetic Similarity in Indian ...

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. ......
January 27, 2025
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Are plant treatments to be treated as agriculture?: Ind...

The question of whether an invention for a method of treatment of plants is also a method of agriculture or horticulture, and therefore, excluded from patentability, has been laid to rest by multiple decisions of Indian high courts. This note discusses three recent cases from the Delhi and Calcutta High Courts, which discuss the applicability of Sections 3(h) and 3(i), and will significantly impact patent applications in this space. ... ...
January 9, 2025
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Trademark Tussle: Wipro & Himalaya Fight Over EVEC...

The Delhi High Court restrained Wipro from using the mark ‘EVECARE’ for women’s hygiene products after Himalaya filed a passing off action. The case discusses questions around the elements of passing off involving allied/cognate goods, and the relevance of the NICE system of classification of trademarks in such actions. ......

Startup India 2.0: A Deep Tech Reset

The Indian government has updated the definition, eligibility criteria, recognition process, and compliance framework for startups, and introduced a new category ...
piercing the corporate veil

Limits of Director Liability: The Supreme Court on Piercing the Corporate Veil during Exec...

The corporate veil acts as a legal metaphor for the protective barrier that separates a company's obligations and liabilities from the personal assets of the individuals ...

Riyadh Ready: Harmonising India’s Design laws with Global Standards

Following India becoming a signatory to the Riyadh Design Law Treaty (“DLT”), discussed here, the Department for Promotion of Industry and Internal Trade (DPIIT) has released ...

The Hirotsu decision: India tightens the screws on diagnostic patents

The law on the patentability of diagnostic methods in India is very clear: they are not patentable under Section 3(i) of the Indian Patents Act, 1970. Over the last few years, the jurisprudence surrounding this exception to ...

India’s New Deepfake Regulation: MeitY Notifies Amendments to Information Technology...

On February 10, 2026, the Ministry of Electronics and Information Technology ("MeitY") notified the Information Technology (Intermediary Guidelines and Digital Media Ethics ...

The Registrar’s “Undo” Button: The Lambretta case and Section 19 of India’s Trademark Act

Trademark disputes rarely move in straight lines. Sometimes, well before a mark becomes opposition-worthy, disputes around ownership may emerge.

Data Protection as a Closing Condition: Rethinking Risk Allocation in Indian Tech Deals

Data protection has historically been considered a compliance issue during transactions, which is generally identified during diligence and only tackled after closing ...

Limits of Claim Construction: Preamble vs. Characterising Clauses in Indian Patent Dispute...

Claim construction is an important aspect of infringement analysis. In several jurisdictions, such as the United Kingdom, Germany, and the European Union...

Urgency in IP Suits: No more Pre-Institution Mediation Hurdles in India?

In a jurisdiction beset by large volumes of litigation, litigating parties must naturally be encouraged to explore alternate means of dispute resolution.

The 2026 NICE Refresh: Codifying AI Services in Class 42 and implications for AI businesse...

The 13th edition of the Nice Classification (referred to as NCL 13-2026) came into effect on 1 January 2026. We have already provided an overview of the changes in the new edition ...