Perspectives on the Future
105 articles
Beyond consent: navigating India's Digital Personal Data Protection framework
India's first comprehensive regime for the processing of digital personal data, replacing a patchwork of sectoral rules with a unified framework.
Foreign direct investment in India's digital economy
The sectoral cap and route follow the regulated function, not the "technology platform" label.
India's new telecom authorisation framework
Structure and implications of the layered authorisation regime under the Telecommunications Act, 2023.
India's IT Rules, 2021: a compliance primer
For intermediaries, platforms and digital media publishers — including the 2026 rules on synthetically generated information.
OpenAI v ANI: copyright meets AI training
A primer on the litigation shaping how Indian copyright law applies to the training of generative AI systems.
The patent lifecycle in India
A primer on filing, prosecution and maintenance for applicants and assignees.
PROGA and the business of online gaming
A single central framework that prohibits online money games outright — for skill, chance, or both.
Authorising satellite capacity over India
A primer on the IN-SPACe NGP framework for satellite capacity provisioned over India.
LEGAL ANALYSIS OF TOBACCO AND ALCOHOL ADVERTISING LAWS IN INDIA
The detrimental health consequences associated with tobacco consumption and alcohol abuse have long been acknowledged on a global scale. Tobacco use…
TATA SIA AIRLINES PRIVATE LIMITED v. THE UNION OF INDIA: WELL-KNOWN TRADE MARKS
Much of the chatter around the enactment of the Trade Marks Rules, 2017 (‘Rules’) revolved around Rule 124, which lays down the procedure for the
RECENT DEVELOPMENTS IN INDIAN LAWS
In this ever-evolving world of industrialization, corporate law and taxation, it is crucial for individuals and businesses alike to stay updated with…
The Wildfire of Misinformation
“Cabinet Committee on security has decided to remove Sikhs from the Indian Army”, “Modi government declares war against Sikh soldiers”. In early 2022…
Need for codification of publicity rights in India
Personality rights generally refer to a set of rights that protect an individual's image, name, voice, likeness, and other personal characteristics…
AI and Law: Judiciary and ChatGPT
Artificial Intelligence (AI) is no longer an unknown term and is very much a part of our day-to-day lives be it unlocking mobile phones, personalized…
Accessing Netflix? Subscriber vs. Dependents?
In these past few years, with the pandemic fueling the rage further, the consumption of data, content and shift towards buying-into streaming…
UPI accessibility to foreign nationals and NRIs, a nod towards a cashless economy.
The recent notification amending the Master Direction on Prepaid Payment Instruments (PPI-MD) by the Reserve Bank of India (RBI) dated February 10…
Fundamental Rights and Internet Gatekeepers- A New Take on Judicial Approach
Technology has long acted as an agent of disruption across all spheres: social, economic, and legal. Naturally, constitutional rights jurisprudence is…
A.I. V/s. I.P. Navigating the Legal Labyrinth of Generative AI
You might be living under a rock, if you have not heard or used the viral AI application Chat GPT.
Right to be Forgotten
is a right to have private information removed from the internet search engine, database, websites or other public platforms.
AI Works – The Future of Intellectual Property Law
AI has developed substantially and over the course of time carried out feats describable as miraculous.
PRIVILEGE AND PREJUDICE Admissibility Of "Without Prejudice" Communications Into Evidence
It is a truth universally acknowledged…that communications made 'without prejudice', cannot generally be admitted in evidence. Though this cardinal ru
OPEN-SOURCE SOFTWARE – USAGE & ITS LEGAL IMPLICATIONS
“Open source is the ground zero for the development of technologies like the Metaverse. All the biggest projects in the last five to ten years that…
Resolving admiralty disputes through cross border insolvency
In India, Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (“Admiralty Act”) governs maritime disputes, including arrest of ships…
Caught on Camera: The Legal Challenges of India’s Paparazzi Industry
Caught on Camera: The Legal Challenges of India's Paparazzi Industry The paparazzi - the glitzy, glamorous side of journalism that gets up close and…
AI’s disruption in IP and evolution of jurisprudence so far
AI and IP: The Disruption and Evolving Jurisprudence IP laws have, until now, in the absence of AI, contemplated ‘intellectual property’ to be the…
Moving from Dot Courts to Bot Courts: The (Artificially) Intelligent Solution?
At the crux of jurisprudence lies a good judge. The maxim, ‘Boni judicis est ampliare jurisdictionem elucidates that a good judge should amplify…
Junk Fees: how to know the value of anything?
Bagmisikha Puhan Alaqshendra Singh It has become more than a habit, a practice, for all of us to conclude a transaction, without wanting to review the…
Charting the Future of financial payments systems in India
The Indian financial ecosystem has witnessed tremendous overhaul in these past recent times and continues to get a lot of prominence amongst its up…
Copyright Law & Internet Memes
The word meme, coined by the English evolutionary biologist, Richard Dawkins, in his pathbreaking book The Selfish Gene, was derived from the Greek…
TAKING STOCK OF USAGE OF "STOCK IMAGEs" AND "STOCK FOOTAGE
TAKING STOCK OF USAGE OF “STOCK IMAGEs” AND “STOCK FOOTAGE” We often stumble upon terms like “stock images” and “stock footage” in the media and…
Ineffective copyright protection in the metaverse
Recently, Pooja Entertainment purchased virtual land in the metaverse and named it Poojaverse
The Battle for Ownership – Miramax vs Tarantino
Ownership, as a concept, is simple enough to understand. Or at least it used to be, back when the world and all our possessions within it were…
CSAM: Is It Time to Age Gate the Internet?
As digital platforms cater to an ever-increasing user base, service providers and regulators are increasingly cognizant of the addictive nature of the…
NFTS, DE-FI, METAVERSE – WHAT’S NEXT?
The pandemic led to the sports and gaming industry witnessing several (older ones grew by leaps and bounds and newer ones gained popularity) alternate…
Arbitration and Commercial Courts: A Jurisdictional Conflict – Part II
The Commercial Courts Act, 2015 (“the CC Act”) has been enacted with the primary goal to expedite the resolution of commercial disputes in a time…
Privacy & Cybersecurity
Source PDF available for Privacy & Cybersecurity.
Copyright Owner as an assignee has the right to sub-title and dub its film: Delhi High Court vacates stay on Hindi dub of Telugu Movie "Bheemla Nayak
" Recently, the Delhi High Court in ‘JA Entertainment Pvt Ltd. vs MS Sithara Entertainment
E-doping needs laws to keep e-sports clean
While the electronic sports (e-sports) industry has always been popular amongst the young, its global growth accelerated, dramatically, because of the…
Primer on CCPA Guidelines, 2022
Source PDF available for Primer on CCPA Guidelines, 2022.
ORPHAN DRUGS AND DISEASE: REGULATORY AND LEGAL FRAMEWORK
Orphan Drugs and Disease : Regulatory and Legal Framework History and Background The healthcare system in India and across the globe has been…
Unilateral Appointment of Arbitrators – Finding the Greys in the Supreme Court’s Black and White Interpretation
Shilpa Gamnani It is a truth universally acknowledged – the central touchstone of the law of arbitration is party autonomy. But
ESG IN FINANCE: THROUGH THE LOOKING GLASS
Rajeev Parashar Bagmisikha Puhan Introduction Environmental, social, governance (ESG) is the focal point of all regulatory and policymaking agendas…
Software as a Medical Device [SaMD] – Blurred Lines for Regulation?
The COVID – 19 pandemic, acted as a catalyst to accelerate the uptake of technological solutions in the healthcare industry, for the purposes of…
Section 63 of the Copyright Act held to be cognizable and non-bailable the Apex Court
Putting an end to the ambiguity with respect to whether, or not, Section of the Copyright Act, 1957 (the Copyright Act) was cognizable and…
A Primer on the EU Digital Services Package
Background The ubiquity of “Big Tech” entities across the digital sector, has led to unprecedented interactions between users, and collection of…
The Big “Monster”: User Generated Content in the Indian Landscape
Meghana Chandorkar, Partner; Urjitah Srikanth, Senior Associate, TMT Law Practice Introduction The most popular way of finding a new song, or…
MSMED & Arbitration law interplay: Silpi Industries judgment– Adds to the confusion or a step towards conclusion?
By Naomi Chandra Introduction The June 2021 judgment of the Supreme Court - Silpi Industries etc. vs. Kerala State Road Transp
Artistic Freedom versus Censorship in the OTT Age
In India, there is constant struggle between freedom of expression and reasonable restrictions especially in the field of entertainment. The battle…
FAN TOKENS AN ADDITION, OR A SOLUTION, TO THE MONETARY MISERY?
Lionel Messi’s transfer to Paris Saint-Germain (PSG) was in itself a massive commercial attraction, however, what added more to it was the initiation…
Force Majeure in Times of War
The future is uncertain. It would be prudent to act in a risk-averse manner, leaving room for the unknown, particularly in these volatile times. The…
Children in the online world: are they safe?
With the dawn of an era which intends to preserve the rights manifested with respect to data privacy and associated rights bestowed upon an…
Cryptocurrency: Taxation and Legality
Much has transpired since our last piece here on the ubiquity and viability of crypto-based transactions in India. In other words, the conversation…
Key Exit Strategies: An Investors’ Perspective
It is important for any investor to divest its holdings and exit in the most profitable manner. As such, exit strategies are a very critical part of…
Rise or fall of Surrogacy Laws in India?
Article: Rise or fall of Surrogacy Laws in India? This past year, brought about two important legislations, The Surrogacy (Regulation) Act, 2019 (SR…
Proposed National Anti-Doping Bill, 2021
The proposed National Anti-Doping Bill, 2021 – is it the need of the hour? A swinging increase in competition and unparalleled expectations, combined…
COPYRIGHT SOCIEITES AND THE “BUSINESS” OF LICENSING
Abhishek Malhotra & Gurmukh Choudhary Recently, the Madras High Court in M/s Novex Communications Pvt Ltd. v. DXC Technology Pvt Ltd., (C.S No. 407 of…
Current wave of ‘Blockchain’ in M&A
Mergers & Acquisitions (M&A) can be complex, time and cost intensive. While there have been discussions around inflow of technology in executing M&A…
Trends in Digital Healthcare
The digital healthcare ecosystem in the country is heterogenous in nature, and as such does not really cater to the seamless transfer of records…
Primer on Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022
Re: Primer on Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022. On June 9, 2022, the…
Arbitration and Commercial Courts: A Jurisdictional Conflict
The Commercial Courts Act, 2015 (“the Act”) has been enacted with the primary goal to expedite the resolution of commercial disputes in a time bound…
Telecommunication Regulation
Future of Law: Telecommunication Regulation The telecommunication sector providers experienced a massive windfall over the last few years, owing to…
Nuances of Performer’s Royalties
Abhishek Malhotra and Urjitah Srikanth A typical song has multiple layers – the music composition, lyrics, and vocal performances, finally put…
Crystal gazing into the future of competition and digital markets
The rise in the use of digital platforms and emerging technology has forced competition regulators globally to keep up, innovate and widen their…
Future of FinTech and Finance in India
The banking and financial services sector have oft been pioneers of [and centers of] employing technological innovations, towards the delivery of…
Note on Consumer Protection (Direct Selling) Rules, 2021
The Consumer Protection (Direct Selling) Rules, 2021 (Rules) were notified by the Government on December 28, 2021 to set out (i) the duties and…
DOCTRINE OF DE MINIMIS VIS-À-VIS COPYRIGHT INFRINGEMENT
In the world of social media where people are hooked onto reels, memes and tend to click pictures, vlog their experiences, and post the same on their…
Producer is the owner of Copyright in a Cinematograph Film
“Producer is the owner of copyright in a cinematograph film-Madras High Court reaffirms” By Anjali Tiwari CASE ANALYSIS: ‘S.J Suryah (a.k.a. S. Justin…
Cryptocurrencies in India: fad or future?
Cryptocurrencies: digital fad or the future? Cryptocurrencies have become synonymous to quick money, “being cool”, and participating in the future…
Unconditional Stay of Arbitral Awards: A Step back for Arbitrations in India
Arbitration has emerged as the forerunner as a means of dispute resolution in recent times. The primary attractions for contracting parties to opt fo
Virtual Spaces and the Metaverse : The ‘next big thing’
At the cusp of the new year, we have almost passed these past two years locked away from the real world and have spent a significant time in the…
Enforcement Directorate’s power of freezing bank accounts – Delhi High Court prescribes Dos & Don’ts.
Recently in JK Tyre & Industries Limited v Directorate of Enforcement – W.P. (C) 5713 of 2020 & connected matters (writ petition/case/matter), the…
Epic Games Vs. Apple – A Primer
EPIC GAMES v. APPLE A PRIMER INTRODUCTION The rise of Big Tech has transformed the business landscape and has caused a similar swing in the…
Infrastructure Sharing in Broadcasting Services
Background: The broadcasting of television (TV) services i.e., channels, to the public has gone under remarkable technological advancement with such…
The Intermediary Rules, 2021- A Half Yearly Review
The Ministry of Electronics and Information Technology of India (MEITY) notified the Information Technology (Intermediary Guidelines and Digital Media…
GTDT Market Intelligence - Privacy & Cybersecurity, 2021
Source PDF available for Privacy & Cybersecurity.
Primer on Pre-Pack Insolvency Resolution Process
The Hon’ble President of India promulgated the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021 on the 4th of April 2021 (“Ordinance”) to…
Questionable Objectivity of Artificial Intelligence: Reasons and Means to Mitigate
Questionable Objectivity of AI: Reasons and Means to Mitigate Introduction: At the inception of the fourth industrial revolution, the world…
Monitoring Search History: Implications on Privacy
India currently has a ban imposed on 800 odd pornographic websites. In a recent development, the police of an Indian state (State Police) devised a…
IP Offences Bailable or Not
COPYRIGHT AND TRADE MARKS INFRINGEMENT- BAILABLE OR NON-BAILABLE? The Bombay High Court, in March 2021, in Piyush Subhashbhai Ranipa Vs. The State of…
Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021
March 10, 2021 Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021 The Information Technology (Guidelines…
Section 10 A of the Insolvency & Bankruptcy Code, 2016 Dispensable or Indispensable?
The Government of India (GoI) imposed an absolute lockdown due to the pandemic on March 24, 2020, which was extended multiple times. Graded re-opening…
LIFE RIGHTS AND COPYRIGHT: THE JHUND JUDGMENT
The Hon’ble Supreme Court recently refused to lift the stay imposed by the civil courts and the Telangana High Court in the case of M/S Super…
Project red card and privacy concerns
PROJECT RED CARD Project Red Card is an initiative by former Cardiff City and Leyton Orient manager Russell Slade wherein a major lawsuit is being…
FAIR DEALING IN VIDEO GAME REVIEWS
Video games, as a form of entertainment, has existed for more than half a century now. Spacewar, created by MIT student Steven Russel in 1961, is…
REPERCUSSIONS OF RETROSPECTIVE TAX AMENDMENTS IN INDIA – IN LIGHT OF CAIRN AND VODAFONE
By Naomi Chandra Early 2000 saw a rise in the trend of corporate (direct) taxes being identified as one of the largest sources of revenue in India…
Pornography in Digital Age
With no clear definition of pornography under Indian laws, one can only rely on dictionary meanings which would refer to pornography being inclusive…
NFTs: Understanding the Non-Familiar Terminology of Non-Fungible Tokens
Collins Dictionary, named an acronym, NFT, a. non-fungible token, as the word of the year (2021) and defines it as “a unique digital certificate…
CELEBRITY RIGHTSTHE SUSHANT SINGH RAJPUT ORDER
Sushant Singh Rajput (“SSR”) was a renowned actor from the Bollywood industry. SSR passed away under suspicious circumstances on 14th June 2020, which…
Genetic privacy and the DNA regulation bill
“You cannot put the cart before the horse”. The importance of Mr. Shashi Tharoor’s statement, spoken during the initial discussions regarding the DNA…
Cyber security in India
“Data is more like sunlight than oil .... it is like sunshine, we keep using it, it keeps regenerating”, said the Google Chief Financial Officer, Ruth…
WHATSAPP PRIVACY POLICY – A REBOOT TO A DANGEROUS PRECEDENT?
The year 2021 began with a lot of skepticism. WhatsApp’s in-app notification informing a change in the privacy policy (Policy) triggered a series of…
INFLUENCER'S GUIDE TO ADVERTISING ON DIGITAL MEDIA PLATFORMS
Influencer’s Guide to Advertising on Digital Media Platforms Social media has spared none. With pandemic hitting the world, the nation has seen a…
Anti - Suit Injunctions: Delhi High Court Shows the Way
Anti-Suit Injunctions (“ASI”) are court orders restraining a defendant from commencing, advancing, or pursuing its claim in another jurisdiction or…
e-RUPI: a path to digital, financial inclusion?
In August, the Prime Minister, launched the e-RUPI. Simply put, e-RUPI is a digital prepaid, purpose and person specific payment utility system, which…
PATENT WAIVER AND VACCINE DIPLOMACY?
The ongoing Covid-19 crisis has challenged the healthcare systems of the most advanced, and the fledging economies, alike. Amidst all of this, a…
Inheritance of Personality/Privacy Rights
POSTHUMOUS SURVIVAL OF PRIVACY & PERSONALITY RIGHTS PART 2 Introduction: In Part 1 of this article, the author carved out the distinction between…
POSTHUMOUS SURVIVAL OF PRIVACY & PERSONALITY RIGHTS
PART 1 Introduction: Every individual is entitled to various rights during his lifetime, of which, one of the most basic, is the right to privacy…
EVOLUTION OF ESPORTS – A TRANSACTIONAL VIEW
Owing to the dismal happenings around us caused by a pandemic, the year 2020 had horror in store for every sector, across industries and…
What To Do When You’re Broke: The Laws Governing Personal Bankruptcy In India
by Shilpa Gamnani, Senior Associate – TMT Law Practice The ongoing pandemic and the related economic downturn have affected most citizens of the…
The Indian Copyright Amendment Act, 2012 At (Dis)Harmony with the world
Copyright Amendment Act, 2012 – At (Dis)Harmony with the world The law of copyright in our country has not been “happily worded”, remarks the Supreme…
FACELESS, PAPERLESS, CASHLESS: NAVIGATING THE INDIAN DIGITAL PAYMENTS LANDSCAPE
Everything is just a click away these days, skimming through various applications one can indulge as per ones’ choice and make payments on fingertips!…
Regulation of Content on OTT Platforms - a work in progress
REGULATION OF CONTENT ON OTT PLATFORMS: A WORK-IN-PROGRESS Introduction April 2020 marked the start of a very important transition period when, NBC…
Superior Forces - Is COVID 19 Dangerous for your Contracts & Disputes ?
SUPERIOR FORCES – IS COVID-19 DANGEROUS FOR YOUR CONTRACTS AND DISPUTES? Shilpa Gamnani and Atmaja Tripathy As the world hunkers down indoors…
Overview of The Insolvency and Bankruptcy (Amendment) Act, 2020
The Central Government, on 13 March 2020 while repealing The Insolvency and Bankruptcy Code (Amendment) Ordinance, 2019 has notified 14 amendments to…
Amazon vs. Amway: E-Commerce Websites Permitted to Sell Products of Direct Selling Entities Without Their Consent
In the battle between the Direct Selling Entities(“DSEs”) and e-commerce platforms like Amazon and Snapdeal, the Hon’ble High