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Tag: Publishing Laws in India

July 15, 2019
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Protecting pseudonymous works

The works of writers like Enid Blyton, George Eliot, Premchand, and Saki, have come to be embedded in our minds for generations, such as. We associate these names with canonical literature, but sometimes forget that these were not the authors’ real names. They were, in fact, pseudonyms, or pen names, adopted by their owners. The motivation for adopting a pseudonym for a creative work is not always clear, and can include a wish to create a separate identity from one’s real life persona. Whatever be the reason, the manner of protecting copyright in pseudonymous works is slightly different from that of a conventional copyright, which is the subject of this piece....
May 20, 2019

Maps in publications: Permissions, restrictions and leg...

Maps make stories easier to understand. Whether it is history, geography or political science, a map can break down complex details into a simple picture, and bring immediate clarity. The boundaries depicted by a map are often fundamental to the story. As a result, the accuracy of maps is of particular concern, and often requires navigating legal and regulatory paths to avoid argument and controversy. This note offers a brief look at the issues that private publishers must keep in mind when publishing maps...
May 14, 2018

Personality Rights in India

The twentieth century rock icon, Jim Morrison, reportedly once said, “The most important kind of freedom is to be what you really are.” Although it was said in another context, Morrison’s quote reinforces the significance of rights that persons have in protecting their individuality, and the traits and characteristics associated with their person. This is where the notion of ‘personality rights’, as we define it in legal parlance, comes in....
April 18, 2018

Unauthorized Biographies: Balancing the right to privac...

Indian Courts have consistently upheld the existence of the right to privacy of individuals. While biographies are important sources informing people of the life stories of their leaders and celebrities, it is important for the authors and the publishers to strictly follow the broad principles that have been laid down by the Courts. There are clear guidelines on how only what is in public domain may be reproduced in a publication. What qualifies as public domain, and where might the author be required to produce written consent is an important understanding to avoid injunctions and other repercussions....

Pharmacyclics Continues the Divisional Applications Debate in India

In 2024, the Indian Patent Office (“IPO”) issued the Patents (Amendment) Rules, 2024 (“Rules”), which, among other things, amended the rules relating to filing of divisional applications.

An Analysis of the Reserve Bank of India’s Master Direction on Regulation of Payment...

On September 15, 2025, the Reserve Bank of India ("RBI") issued the Master Direction on Regulation of Payment Aggregators, 2025 ("Master Direction"), a framework governing both bank and non-bank entities engaged in the business of payment aggregation ("Payment Aggregators" or "PA").

Removal of fetters on the Arbitration process: Arbitration is not foreclosed due to pendin...

The Arbitration and Conciliation Act, 1996 was enacted to facilitate expeditious and affordable resolution of disputes pertaining to in-personam rights arising out of contractual disputes between private parties.

Timing it Right: Delhi High Court on Pre-Grant Oppositions in India

What happens when a pre-grant opposition is filed after the Controller signs a patent application to grant? This knotty question was answered by the Delhi High Court in a recent case.

Navigating Share Transfer Restrictions in Shareholders’ Agreements Part 2

In our previous Article, we explored the foundational aspects of share transfer restrictions in shareholder agreements ("SHAs"), with a focus on concepts such as tag-along rights, drag-along rights, permitted and automatic transfers, amongst others and the interplay with the Companies Act, 2013 (the "Act").

Collection of Children’s Data under the Digital Personal Data Protection Act: Not Ch...

The protection of children's personal data has and continues to present regulatory and practical challenges for lawmakers, businesses, organisations, institutions and establishments that deal with personal data ("Data Fiduciary").

When “Ok” Becomes “Not Ok”: A cautionary tale of miscommunication from the Indian Patent O...

An important step during patent prosecution in India is the hearing. As the Indian Patent Office (IPO) tends to issue only a single examination report, hearings before the Controller are common.

Navigating Share Transfer Restrictions in Shareholders’ Agreements

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.

The Infringer’s Burden in Process Patent Suits in India

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.

NCLT’s Jurisdiction for Fraud in Oppression and Mismanagement Petitions: The Supreme...

The role of the National Company Law Tribunal ("NCLT") as a specialised forum under company law has often led to questions around the exact scope of its jurisdiction.