When discussing intellectual property (IP) in India, trademarks, patents, and copyrights often take center stage. However, two significant yet underexplored domains within the Indian IP framework are Broadcast Reproduction Rights and Performers’ Rights. These rights are critical in safeguarding the interests of artists, musicians, actors, and broadcasters under the Copyright Act, 1957, as amended, especially...
India’s rich cultural fabric is woven with countless threads of traditional and folk-art forms—Madhubani, Warli, Pattachitra, Kalamkari, Chikankari, Chhau masks, and countless others. These expressions are not merely aesthetic; they represent the collective identity, heritage, and spiritual beliefs of the communities that have nurtured them over generations. As global interest in Indian traditional art rises,...
In today’s fast-paced and digitally interconnected world, brand reputation and consumer trust can be undermined instantly through unauthorized use or infringement of trademarks. In India, where brand piracy and counterfeiting are significant challenges, building a cost-effective trademark watch and enforcement strategy is essential for any business seeking long-term protection of its intellectual property (IP). This...
In a fast-evolving marketplace like India, brand identity is one of a company’s most valuable assets. With increasing competition and a surge in digital commerce, trademarks have become critical for distinguishing goods and services. The Trade Marks Act, 1999 governs trademark law in India, offering both civil and criminal remedies against infringement. Recent years have...
Introduction The Delhi High Court’s decision in Haldiram India Pvt. Ltd. v. Berachah Sales Corp. & Ors. stands as a defining moment in Indian trademark protection jurisprudence. The Court not only protected a leading Indian brand from infringement but also formally recognized HALDIRAM as a “well-known trademark” under Section 2(1)(zg) of the Trademarks Act, 1999....
In a landmark judgment that has sent ripples across the Indian e-commerce and intellectual property (IP) landscape, the Delhi High Court has imposed a hefty fine of ₹340 crore on Amazon Seller Services Pvt. Ltd. for trademark infringement. The case, filed by BHPC Associates LLC, owner of the globally recognized fashion brand Beverly Hills Polo...
India, with its rich cultural diversity and centuries-old traditions, is a treasure trove of unique regional products, ranging from Banarasi sarees to Darjeeling tea and beyond. To protect and promote this traditional knowledge and craftsmanship, India has embraced the system of Geographical Indications (GI) under the Geographical Indications of Goods (Registration and Protection) Act, 1999....
Incorporating a private limited company is a popular choice among Indian entrepreneurs due to the benefits of limited liability, separate legal identity, and access to funding. The process is governed by the Companies Act, 2013 and regulated by the Ministry of Corporate Affairs (MCA). Below is a step-by-step explanation of the incorporation process, structured under...
The advent of International Financial Services Centres (IFSCs) in India marks a transformative step in integrating global financial services with domestic regulatory oversight. GIFT City in Gujarat, India’s flagship IFSC, has been established not only as a financial gateway but also as a legal innovation aimed at attracting international business through a tailored regulatory regime....
One of the most critical decisions in starting a business in India is choosing the right legal structure for the business. This choice has lasting implications for taxation, liability, ownership, and compliance requirements. This article outlines the most common types of business structures in India, their legal references and a brief overview of the incorporation...
