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Fairness to ‘Self’, ‘Brief’ & ‘Client’ through ethical legal practice.
Articles & Publications
Title: The Copyright–Design Conundrum: When Does Art Become a Design?
The overlap between copyright and design law has long remained one of the more intricate areas of Indian intellectual property jurisprudence. Businesses routinely commercialise original artistic works by reproducing them across apparel, accessories, home decor, packaging and countless other products. Yet, a deceptively simple question often arises: Does copyright continue to protect an artistic work once it finds industrial application, or does the law require the owner to seek protection under the Indian Designs Act, 2000 instead?
Articles & Publications
Recognition of Concurrent Wills in India
With the growth of cross-border mobility, it is increasingly common for Indian citizens and Non-Resident Indians (NRIs) to hold various assets – including homes, bank accounts, business interests, and investments – across multiple jurisdictions. This raises a crucial question in estate planning: whether a person must rely on a single Will to govern all their assets, or if separate Wills can be made for different jurisdictions.
Articles & Publications
Trademark Bullying: A Case Against Excessive Trademark Enforcement
Trademark bullying refers to the aggressive and often unjustified enforcement of trademark rights by resource-rich entities against smaller businesses, leveraging their financial and legal power to intimidate or suppress competition. While trademark law in India is governed under the Trade Marks Act, 1999 and is designed to protect brand identity and at the same time prevent consumer confusion, some entities exploit legal provisions to assert exaggerated or baseless claims. This practice undermines the legislative intent of fostering fair competition and protecting honest users, as outlined in Section 142 of the Act, which safeguards against groundless threats of legal action. In India’s rapidly globalizing economy, trademark bullying has emerged as a significant concern, driven by robust enforcement strategies that erode protections for smaller entity.
Articles & Publications
Safeguarding Confidentiality in Investor Relations: Start-ups Edition
In the dynamic realm of investor relations, safeguarding confidential information is paramount for both start-ups and investors. In today’s business environment, start-ups and investors commonly engage in transactions where conducting due diligence is recognized as the crucial first step whereby the confidential business information is shared with the investors/venture capitalists.
Articles & Publications
Commercial Exploitation of Personality Rights in the Digital Era
There has been a significant rise and attention in the domain of Intellectual property rights with special reference to personality rights in the last few years in India. Personality rights are something that protects an individual’s persona from unauthorized commercial exploitation.