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....
With India’s booming tech sector and the global shift toward software-driven innovation, the demand for software patents is steadily increasing. Companies ranging from startups to multinational tech giants are looking to protect their software-based inventions to gain competitive advantage. However, patenting software in India is legally complex and subject to distinct statutory limitations. This article...
In a significant and unusual case unfolding in India’s intellectual property landscape, McPatel Foods Pvt Ltd, a Gujarat-based business, has brought legal action against the multinational fast-food conglomerate McDonald’s Corporation, challenging the latter’s claim of exclusive rights over the prefix “Mc” in India. The dispute not only raises critical questions regarding the scope of trademark...
