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February 26, 2025

MIB Issues Latest Advisory for OTT Platforms Amid Conte...

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. ......
November 18, 2020

OTT Platforms brought under Government Regulation

On November 09, 2020, the Central Government issued a notification bringing digital/online media platforms under the ambit of the Ministry of Information and Broadcasting ("MIB"). While there exists a legal framework and judicial pronouncements in respect of electronic and print media, there was no equivalent in respect of digital media. ......
September 23, 2019

Regulating the Unregulated: Stories of OTT Platforms in...

The scope of public internet that started back in the 1980s has grown over the decades. It allows a telecom subscriber to access almost all the services required for information, education and entertainment etc. It has altogether redefined the conventional marketplace. Even personalized services, such as a taxi ride can be accessed on a person’s fingertips. This growth has also brought about a fundamental shift in other spheres including telecom and TV. Earlier, networks used to be built around specific applications, say voice, internet or Pay TV. Voice, message and video content have now been reduced to mere bytes.There has been a rapid proliferation of voice, video and Over-the-top ("OTT") application services being delivered over networks....

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 ...

When the Internet Refuses to Move On: Media Reporting, Discharge and Dignity

In the case of IE Online Media Services Private Limited v. Nitin Bhatnagar and Ors. , the High Court of Delhi ("High Court") upheld an interim injunction directing restraint on...

A Reset of India’s Export Import Rules

To promote ease of doing business in cross-border trade through simplified procedures and reduced compliance burdens, the Reserve Bank of India ("RBI"), on January 16...

The Judicial Stance on Contractual Bars and Pendente Lite Interest in Arbitration

In the realm of commercial disputes, debates pertaining to awarding of interest remains constant. For every business that deals with contracts, clauses pertaining to...

Defining Patent Ownership in India: Employment Contracts as Valid Proof of Right

In India, a patent application can be filed not just by the true and first inventor, but also by the assignee of an inventor. This is provided for under Section 6 of the Indian Patents Act...