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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

Trending Intellectual Property Issues in India: From AI Films to Cricket Brands

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 […]

Hemakshi Prabhu · 16 Aug 2025 · 6 minRead →
Copyright Broadcast

Guardians of Creativity: Copyright Law in India and Its Rising Importance in the Digital Era

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. […]

Hemakshi Prabhu · 13 Aug 2025 · 6 minRead →
India

Software Patents in India: Legal Landscape, Rising Trends, and Practical Realities

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 […]

Hemakshi Prabhu · 1 Aug 2025 · 5 minRead →
India

McPatel vs. McDonald’s: A Defining Moment in India’s Trademark Jurisprudence

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 […]

Hemakshi Prabhu · 29 Jul 2025 · 5 minRead →
India

Current Trends in India’s Patenting Landscape: Innovation on the Rise

India’s innovation landscape is rapidly evolving. From tech start-ups to research universities, and from government push to corporate strategy, patenting activity in India is gaining serious momentum. A recent brief by the Observer Research Foundation (ORF) highlights how India’s patent ecosystem is undergoing a remarkable transformation. But what’s really driving this growth—and what challenges still […]

Hemakshi Prabhu · 25 Jul 2025 · 5 minRead →
India

Non-Use Cancellation & Defensive Marks in India

In a highly competitive marketplace, protecting a trademark goes beyond mere registration. Trademark owners—especially multinational companies—often seek to safeguard their marks even when they are not actively using them in a jurisdiction. Indian trademark law allows registration without immediate use, but it also imposes certain conditions to retain that protection. This article examines how Indian […]

Hemakshi Prabhu · 21 Jul 2025 · 5 minRead →
Copyright Broadcast

Broadcast Reproduction Rights and Performers’ Rights: Lesser-Known Areas of Indian IP Law

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 […]

Hemakshi Prabhu · 11 Jul 2025 · 5 minRead →
Geographical Indication

Indian Folk Art and Traditional Works: Copyright vs. Cultural Misappropriation

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, […]

Hemakshi Prabhu · 7 Jul 2025 · 6 minRead →
India

Trademark Watch and Enforcement in India: Building a Cost-Effective Strategy

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 […]

Hemakshi Prabhu · 1 Jul 2025 · 5 minRead →
Geographical Indication

Trademark Infringement in India: Recent Trends and Notable Judgments

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 […]

Hemakshi Prabhu · 12 Jun 2025 · 6 minRead →