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Insights · India

India

Legal analysis and practical guidance on cross-border business, disputes, corporate, employment and IP matters across India and the UAE — including the Legal Help Desk, our Q&A column on the problems clients actually meet.

India

Real Estate Insolvency and Homebuyer Rights in India: The IBC Framework

How the Insolvency and Bankruptcy Code reshaped the position of homebuyers in distressed real estate projects — and what it means in practice. The Insolvency and Bankruptcy Code, 2016 (IBC) recognises homebuyers as financial creditors in real estate insolvency proceedings in India. This means homebuyers can participate in the Corporate Insolvency Resolution Process (CIRP), vote through an authorised representative in the Committee of Creditors (CoC), and […]

Joel John Roy · 19 Jun 2026 · 9 minRead →
India

Automatic Route vs Government Route in India FDI: A Legal Explanation

Foreign Direct Investment (FDI) plays a crucial role in India’s economic growth by bringing foreign capital, technology, management expertise, and employment opportunities into the country. Over the years, India has progressively liberalized its foreign investment regime to attract global investors while maintaining safeguards in sectors that may have strategic, security, or public interest implications. To […]

Vipul Kulshreshtha · 12 Jun 2026 · 8 minRead →
India

Defending Insolvency Petitions Before the NCLT: Strategies for Corporate Debtors Under IBC 2016

The Insolvency and Bankruptcy Code, 2016 (“IBC”) has fundamentally reshaped the way financial distress and debt defaults are addressed in India. For creditors, it provides an effective framework for seeking resolution of unpaid debts. For businesses, however, the receipt of an insolvency petition can be an alarming development with potentially significant legal and commercial consequences. […]

Joel John Roy · 9 Jun 2026 · 9 minRead →
Copyright Broadcast

The Yoga IP Controversy: Can Ancient Indian Practices Be Trademarked Abroad?

Introduction: When Tradition Meets Commercialisation  Yoga, an ancient practice rooted in India’s spiritual and philosophical traditions, has evolved into a global wellness industry worth billions. What was once passed down through generations as shared knowledge is now often packaged, branded, and sold across international markets. This transformation has sparked a significant legal and ethical debate on whether elements of yoga can […]

Hemakshi Prabhu · 9 Jun 2026 · 6 minRead →
India

Protecting and Enforcing Well-Known Trademarks in India: Rights, Reputation and Enforcement Strategies for Global Brands

A comprehensive guide to protecting and enforcing well-known trademarks in India. Understand trans-border reputation, dilution, injunctions, online infringement, customs action, and practical enforcement strategies for global and Indian businesses.   well-known trademark is one of the most commercially valuable intellectual property assets a business can own. In India, well-known trademarks receive broader protection than ordinary […]

Merrya Ginto · 21 May 2026 · 12 minRead →
India

India’s 3-Year IP Fee Waiver for Sports Sector: A Push for Innovation and Commercialisation

By waiving intellectual property filing fees for the sports sector, India has signalled a decisive shift towards recognising sports innovation, branding, and technology as key drivers of economic growth and commercial value   Union Commerce and Industry Minister Piyush Goyal recently announced a landmark initiative granting a complete waiver of government fees for intellectual property […]

Merrya Ginto · 19 May 2026 · 6 minRead →
Copyright Broadcast

Wedding Photography IP Wars: Why Indian Photographers Are Losing Millions

The Evolution of Wedding Photography into an IP Driven Industry Wedding photography in India is no longer just a service it has become a content creation industry with significant intellectual property value. With the rise of cinematic storytelling, drone shoots, curated reels, and luxury destination weddings, photographers are effectively producing high quality visual assets that […]

Hemakshi Prabhu · 18 May 2026 · 6 minRead →
India

Moratorium under the Insolvency and Bankruptcy Code, 2016: Scope, Exceptions, and Practical Implications

The moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 is one of the most significant protections available during the Corporate Insolvency Resolution Process (CIRP). Once an insolvency application is admitted by the National Company Law Tribunal (NCLT), a temporary legal restraint comes into force that prevents creditors and other stakeholders from initiating […]

Joel John Roy · 18 May 2026 · 6 minRead →
India

Recipe Protection, Food Branding, and Culinary Intellectual Property: How Indian Food Entrepreneurs Are Trademarking Taste

The transformation of Indian food businesses from informal street-side ventures to structured, venture-backed startups has triggered a parallel evolution in how culinary assets are protected. What was once guarded through secrecy and tradition is now increasingly secured through formal intellectual property (IP) mechanisms, especially trademarks, trade dress, and branding strategies. In India’s rapidly expanding food […]

Hemakshi Prabhu · 4 May 2026 · 5 minRead →
Company Formation

Legal Guide to Doing Business in India

Background  This guide provides a detailed overview of India’s legal framework for setting up and operating businesses, focusing on corporate forms, foreign investment rules, and compliance. We have compared common business structures – private/public companies, LLPs, partnerships, one-person companies (OPCs), and foreign offices (branch/liaison/project) in terms of formation steps, capital, ownership rules, taxation, and compliance requirements. We have explained India’s FDI regime (automatic vs. […]

Vipul Kulshreshtha · 30 Apr 2026 · 14 minRead →