INTRODUCTION The last few years has seen a sudden rise in the enforcement of a ‘newly discovered’ phenomenon of personality rights. Celebrities, one after the other, have been approaching the Courts to enforce their rights against deepfakes and unauthorized use of certain aspects of their personality. While earlier the trend of enforcing personality rights was limited to the celebrities alone, but recently, people from distinct spheres of lives have begun to approach the Cour

Introduction For the better part of a year and a half, a good chunk of India's copyright bar and most of its nascent AI industry sat through hearing after hearing in a single Delhi High Court courtroom, waiting to find out whether the country's news agencies could stop OpenAI from reading their websites. On 24 July 2026, the Judge gave them an answer and, more importantly, gave Indian law its first sustained judicial engagement with what generative AI actually does to a copyr

The Indian Patent Office (“IPO”) has published the Draft Guidelines for Examination of Patent Applications in the Field of Biotechnology, 2026 (“Draft Guidelines”), updating the legacy 2013 Guidelines. The 2026 Draft Guidelines serve as an operational guide for examiners and practitioners, consolidating statutory amendments, administrative directives, and extensive judicial precedent from the past 13 years into daily prosecution practice. Key Administrative, Digital & Complia

INTRODUCTION As their name suggests, a “well-known trade mark” of a proprietor is that mark which has gained a reputation of such a stature in the market, that even though it relates to a particular goods or service, a usage of a similar or identical mark by anyone else for a different goods or service would give the public the impression that the latter goods or service belong to the proprietor and not anyone else. The recognition of the “well-known” status of any trade ma

Introduction Trademark conflict in the pharmaceutical sector is a unique situation in Indian trademark law. Medicinal products have the potential to cause actual harm to the patient receiving the product if there is any doubt about the correct product, rather than just commercial loss, due to the possibility of someone thinking that two competing marks are the same. This has led to a more demanding approach by courts to pharmaceutical marks, which now require a question to

In the case of Capital Foods Private Limited v. Kishan Rameshbhai Kaswala Trading as K3 Masala[1], the Delhi High Court granted an ex parte ad interim injunction in favour of Capital Foods Private Limited (Plaintiff), restraining the Defendant from using the trade marks “SCHEZWAN DIPPING CHUTNEY” and other deceptively similar variations. Background of the Dispute Capital Foods Private Limited, the company behind the iconic Ching's Secret brand, conceived the mark "SCHEZWAN

Introduction When a statutory intellectual property right gets wiped off the register mid-litigation, who bears the burden of the legal fees incurred along the way? Recently in the case of Crocs Inc. USA v. M/s Bata India Ltd. & Ors.[1], the Delhi High Court examined whether a defendant can recover actual litigation costs under Section 35 of the Code of Civil Procedure, 1908 (CPC), as amended by the Commercial Courts Act, 2015, after a design infringement suit becomes infruct