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Limits of Vicarious Liability in Case of Defamation: An Analysis of the Google India Priva...
Recently, in the case of Google India Private Limited v. Nayana Krishna , the Karnataka High Court ("Court") examined whether a subsidiary company can be retained as a defendant...
Loss of Profit Must Be Proven, Not Presumed: Delhi High Court Sets Clear Benchmark
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.
Understanding the Consequences of Negligence in Patent Practices in India
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. ...
MIB Issues Latest Advisory for OTT Platforms Amid Content Regulation Debate
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. ...
India’s Draft Guidelines On AYUSH Keep Traditional Knowledge And Innovations In Harmony
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 Differing Scope Of Revocations And Invalidity Defences In India
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. ...
From Distinctiveness to Genericide: Avoiding Trademark Ruin
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. ...
Extraordinary exceptions to deadlines at the Indian Patent Office
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. ...
Bollywood’s Sholay Still Reigns Supreme: Protecting Film Titles in India
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. ...
Filing Trademarks in India: From Application to Renewal
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. ...
Articles
Transfer restrictions in shareholder agreements ("SHA(s)") have come to play a critical role in shaping deal dynamics. With India reporting a steady growth in mergers and acquisitions ("M&A"), questions of control, transfer restrictions, ownership flexibility and exit options have become crucial for investors and companies alike.
Indian patent law contains a unique provision that shifts the burden of proof onto the accused / infringer in process patent suits. But this applies only if certain conditions are met.
In India, the law provides for formal opposition to a trademark application only after it is advertised, but can a third party intervene even during the pre-advertisement stage?
In August 2025, Dream11, an Indian fantasy sports platform, terminated its Rs. 358 Crore sponsorship agreement with the Board of Control for Cricket in India ("BCCI").
On 20th August, 2025, the Ministry of Electronics and Information Technology (“MeitY”) announced the Promotion and Regulation of Online Gaming Bill, 2025 (“the Act”), a significant legislative milestone which has since received the President’s assent and become an Act.
The updated 13th edition of the Nice Classification reclassifies goods and services to streamline the trademark application and registration process.
Brand owners can use quia timet actions in India proactively to stop trademark infringement before it even happens, but must be careful about how, when and before which forum they seek remedies.
In a recent judgment, the Supreme Court ("SC") in BGM and M-RPL-JMCT (JV) v. Eastern Coalfields Limited reiterated that not every inclusion of an arbitration clause in a contract would amount to a valid arbitration agreement...
India's new 2025 CRI Guidelines clarify patentability for computer-related inventions, which will impact applications in cutting edge areas, including AI, ML, and Blockchain technology.
What is the standard that decides whether a design is novel or not? The Delhi High Court clarifies that instructed eye or informed user test remains the primary standard in Indian design law.
Defamation law in India is rooted in a few fundamental elements: (i) the statement must be false and defamatory; (ii) it must be published to someone other than the person defamed.
Recently, in the case of Google India Private Limited v. Nayana Krishna , the Karnataka High Court ("Court") examined whether a subsidiary company can be retained as a defendant...
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