ATB LEGAL
Dispute Resolution Employment Corporate & Commercial Personal Status Intellectual Property Regulatory & Compliance International Trade Insights People About Contact Us
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

Revocation of Novartis’ Vymada Patent in India: A Legal Analysis

The Indian Patent Office (IPO) has revoked Novartis’ patent in India for its cardiac drug Vymada on the grounds of lack of novelty and inventive step. This decision not only impacts the pharmaceutical industry but also reinforces India’s jurisprudence on the delicate balance between rewarding innovation and safeguarding public health.  Legal Basis for Revocation  The […]

Hemakshi Prabhu · 18 Sep 2025 · 5 minRead →
India

Beyond Logos: The Rise of Color, Sound & Smell Marks in India – Branding in the Age of Experience

Think of the distinctive Airtel jingle. Or the iconic, red-soled shoe crafted by Christian Louboutin. Or even the familiar whiff of popcorn that greets you at a movie theatre. These are not just products or advertisements; they are experiences. In the modern marketplace, brands are no longer confined to logos, slogans, and names. Instead, they […]

Hemakshi Prabhu · 11 Sep 2025 · 5 minRead →
India

Demergers in India: Legal Framework, Process, and Tax Implications

What is Demerger A demerger is a form of corporate restructuring in which a company separates its business into two or more independent entities. The primary objective of this process is to enable the resulting entity to concentrate on its core activities, thereby improving operational efficiency, competitiveness, and above all shareholder value. Unlike a merger, […]

Mathew Jones varghese · 11 Sep 2025 · 6 minRead →
Copyright Broadcast

Design Protection for Fashion and Jewelry in India: An Untapped Opportunity for Startups

India’s fashion and jewellery industries have always been celebrated globally for their artistry, craftsmanship, and cultural richness. The intricate weaves of Banarasi sarees, the elaborate zari embroidery from Lucknow, and the gemstone artistry of Jaipur represent not only aesthetic brilliance but also centuries of tradition. Yet, these industries face a persistent and damaging challenge: piracy […]

Hemakshi Prabhu · 11 Sep 2025 · 7 minRead →
Commercial Dispute

Landmark IBC Judgments of 2025

The year 2025 has witnessed several significant judgments by the Supreme Court, NCLAT, and NCLT that have shaped the evolving jurisprudence under the Insolvency and Bankruptcy Code, 2016 (IBC). These rulings have clarified critical aspects of the Code, ranging from the scope of judicial interference under Article 226, the sanctity of statutory timelines, the rights […]

Mathew Jones varghese · 10 Sep 2025 · 9 minRead →
Commercial Dispute

Enforceability of Foreign Judgments and Arbitration Awards by the NCLT: A Comprehensive Overview

In today’s interconnected global economy, disputes involving international commercial contracts frequently lead to foreign judgments or arbitration awards. For Indian companies entangled in such disputes, understanding the enforceability of these foreign decisions under Indian law, particularly through the National Company Law Tribunal (“NCLT”), is vital. This article unpacks the legal framework, practical considerations, and recent […]

Sudha Sampath · 1 Sep 2025 · 8 minRead →
Foreign Trademarks in India

Use of Foreign Trademarks in India: Parallel Imports, Exhaustion Doctrine & Legal Risks

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 […]

Hemakshi Prabhu · 29 Aug 2025 · 5 minRead →
India

Statutory Timelines and Practical Realities under the Insolvency and Bankruptcy Code, 2016

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. […]

Jerome Jose · 28 Aug 2025 · 9 minRead →
Commercial Dispute

Limited Role of NCLT in Fast Track Mergers in India

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 […]

Vipul Kulshreshtha · 21 Aug 2025 · 7 minRead →
India

Sector-Specific Patent Insights in India: Pharma, Software and AI, Green Tech, and Traditional Knowledge

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 […]

Hemakshi Prabhu · 20 Aug 2025 · 6 minRead →