In today’s interconnected global economy, multinational brands sell products across multiple jurisdictions, often at varying price points. This has created opportunities for parallel imports, where genuine products are brought into India without the authorization of the foreign trademarks owner. While consumers may benefit from lower prices and increased access, parallel imports often referred to as...
When the Insolvency and Bankruptcy Code (IBC) came into force in 2016, it carried one clear promise: speed. The law hard-wired strict timelines. A Corporate Insolvency Resolution Process (CIRP) was to be completed in 180 days, with one extension of 90 days. In 2019, this was capped at 330 days, including time spent in court....
Introduction Corporate restructuring in India can be achieved through both private and statutory arrangements. Previously, under the Companies Act of 1956, all mergers and restructurings were required to undergo lengthy procedures, with mandatory intervention from the High Court. This made the process time-consuming and expensive, creating various challenges and obstacles in the M&A landscape, particularly...
India’s patent ecosystem is shaped by a delicate balance: encouraging innovation while safeguarding public interest and cultural heritage. This balance plays out differently across industries, where the rules and interpretations of patentability can make or break an innovation strategy. Four sectors: pharmaceuticals, artificial intelligence and software, green technologies, and traditional knowledge illustrate how India applies...
The National Company Law Tribunal (NCLT) serves as India’s primary quasi-judicial body for adjudicating corporate disputes under the Companies Act, 2013, and the Insolvency and Bankruptcy Code, 2016. Understanding the evidence, documentation, and procedural requirements for NCLT proceedings is crucial for legal practitioners, corporate professionals, and litigants seeking effective resolution of corporate disputes. The tribunal...
As businesses evolve, so do their capital structures. A company may at times find itself with surplus capital, accumulated losses, or a need to reorganize its equity base. The legal mechanism available for such restructuring is capital reduction. In India, capital reduction has always been tightly regulated due to its direct impact on shareholders and...
The protection of minority shareholders is fundamental to corporate governance in order to ensure equitable treatment and prevent oppression by majority stakeholders. A company functions through decisions made by its members and its Board of Directors. The appointment of directors is governed by a majority vote, which allows majority shareholders to effectively control the board...
The National Company Law Tribunal (NCLT) has become one of the most significant adjudicating bodies in India for matters related to corporate laws. Established under the Companies Act, 2013, NCLT in India functions as a quasi-judicial authority with the power to adjudicate issues related to companies, including disputes among shareholders, insolvency proceedings, and matters of...
India’s intellectual property (IP) landscape is undergoing one of its most dynamic and challenging phases in decades. From artificial intelligence (AI) reshaping cinematic classics to cricketers trademarking their nicknames, and from deepfake celebrity endorsements to fast-fashion knockoffs, the scope and enforcement of copyright, trademark, and personality rights are being tested in unprecedented ways. This article...
In a world where stories, songs, and designs can travel across continents in the blink of an eye, creativity has never been more powerful. Yet, it has also never been more vulnerable. The same technology that allows a film to premiere globally on streaming platforms also enables a pirated copy to be uploaded within hours....
