Latest IP Insights
10 Glorious Years of Startup India: IP as the Backbone of India’s Startup Led Innovation Economy
As India marks ten years of the Startup India Initiative, the programme has evolved from a policy experiment into one of the largest and most geographically diverse startup ecosystems in the world. According to the latest data released by the Government of India in January 2026, over 2 lakh startups have been recognised by DPIIT as of December 2025, firmly positioning India as a global innovation hub.
This scale, however, tells only part of the story. The deeper transformation lies in the institutional foundations that now support entrepreneurship, particularly the deliberate integration of intellectual property (IP) creation, protection, and commercialisation into the startup lifecycle.
The India–EU FTA: The “Mother of All Deals” and Its Far-Reaching IP Implications
The recently concluded India–European Union Free Trade Agreement (India–EU FTA) has been aptly hailed as the “Mother of All Trade Deals”, a phrase that captures the scale, ambition, and strategic importance of the Agreement. Announced jointly by the Hon’ble Prime Minister of India, Shri Narendra Modi, and the President of the European Commission, H.E. Ms. Ursula von der Leyen, at the 16th India–EU Summit held in New Delhi, the Agreement marks a historic milestone in India’s global trade engagement after nearly two decades of negotiations.
The FTA brings together the fourth-largest and second-largest economies in the world, collectively accounting for nearly 25% of global GDP and about one-third of global trade, and creates a preferential trade framework covering a market of close to two billion people.
Proof of Right in Indian Patent Filings: Delhi High Court Brings Much-Needed Clarity for Employers
In a significant ruling that directly impacts corporate patent applicants, employers, and innovation driven businesses, the Delhi High Court in Nippon Steel Corporation v. Controller of Patents (C.A.(COMM.IPD PAT) 10/2025, decided on 24 December 2025) has clarified the scope and standard of “proof of right” under the Indian Patents Act, 1970.
The judgment is particularly relevant for companies filing patent applications in India based on inventions created by employees, including situations particularly where one of the inventors is deceased at the time of filing. By adopting a commercially pragmatic and internationally aligned approach, the Court has reduced procedural uncertainty that has increasingly concerned patent applicants.
One Word, Big Impact: How ‘Comprising’ Shapes Patent Protection in India
In the case of Frimline Private Limited & Anr. v. K-Smatco Lifesciences Private Limited & Ors., the Hon’ble Delhi High Court examined the scope of patent protection where the claims employ the transitional term “comprising”. The decision reiterates settled principles relating to claim construction and provides guidance on how specifications may influence the interpretation of patent claims, particularly in pharmaceutical patents.
When Description is NOT Disqualification: Delhi High Court rules in favour of Composite Marks
The jurisprudence surrounding the concept of ‘descriptiveness’ under the Indian trademark law has been witnessing renewed judicial attention in recent months. With brands increasingly using semi-descriptive and suggestive trade marks to retain consumer recall value, the question of where descriptiveness ends and distinctiveness begins has become critical to the questions of registrability and enforcement.
From Fandom to Fortune: How IP Fuels Pop Culture Merchandise
Success and experience, no matter how impactful, are often short-lived if not consistently reinvented and reinforced, and that is exactly what many iconic brands have mastered. Brands have recognized that an emotional connection with fans is crucial to preserving a brand’s legacy, as it turns consumers into loyal advocates and keeps the story alive across generations.
For instance, J.K. Rowling’s Harry Potter universe did not end with the books or movies, through merchandising, licensing, spin-offs, and theme park attractions, the magic continues to thrive in everyday life. The collection recently launched by Miniso featured everything from plushies and tumblers to scarves and stationery, and they even created immersive Harry Potter pop-up stores that blended retail with experiential storytelling, keeping the craze alive.
Inspiration or Infringement?: The Case of Anupamaa Dayal vs Rapsodia
In the fashion world, people constantly walk a thin line between being inspired by someone else’s work and straight-up copying it. For independent designers, it gets even tougher, as they often do not have big legal teams or tons of resources, but their work still gets picked up sometimes unfairly by global brands.
Therefore, in the rapidly globalizing fashion industry, the protection of traditional and artistic designs faces unique challenges, particularly when IP rights cross national boundaries. This article examines the plagiarism allegations by Indian designer Anupamaa Dayal against Argentine brand Rapsodia, analyzing the legal frameworks applicable in India and abroad. The case illuminates the systemic vulnerability of independent designers in protecting their aesthetic innovations, especially where cultural expression meets commercial exploitation.
Designs that Drive Success: Unlocking Legal Insights for Business Growth in India
In India, the protection of industrial designs is governed by the Designs Act, 2000. This legislation aims to promote innovation and creativity by providing legal protection to the visual appearance of products. Central to this framework are the definitions of “article” and “design,” which play a pivotal role in determining what can be registered and protected under the law.
Philips v. Bathla: A Defining Moment for SEP Enforcement in India
On October 13th, 2025, the Hon’ble Delhi High Court ended one of India’s longest-running patent disputes in the case of Philips v. M. Bathla & Ors., a case that spanned more than two decades and culminated in India’s first reported finding of non-infringement in a Standard Essential Patent (SEP) dispute.
While the technology involved Video Compact Disc (VCD) audio compression, which had long faded from commercial relevance, the judgment has immediate and far-reaching consequences for SEP enforcement, patent litigation strategy, and licensing negotiations in India. The Court’s decision recalibrates how infringement, essentiality and evidence will be assessed going forward, particularly in disputes involving global patent holders and Indian implementers.
Delhi High Court Orders Seizure of Counterfeit ESSE cigarettes across Delhi NCR in Major IP Enforcement Action
In a significant anti-counterfeiting action, the Hon’ble Delhi High Court granted an ex-parte ad-interim order in favour of KT&G Corporation concerning large-scale infringement of the ESSE family of trademarks.
After considering the material placed on record, the Hon’ble Court appointed twelve Court-appointed Local Commissioners to visit and inspect the defendants’ premises and seize counterfeit products bearing KT&G’s registered trademarks. The Court also extended relief against unknown entities by passing a John Doe order.
Latest Corporate Insights
Is Your “Herbal Tea” Legally “Tea”? Fssai Issues Clarification
On December 24, 2025, the Food Safety and Standards Authority of India (FSSAI) issued a regulatory advisory (RCD-02004/7/2025) directing food business operators, beverage manufacturers, brand owners, advertisers, and e-commerce platforms to desist from using the term “tea” for beverages that are not derived from the Camellia sinensis plant. This advisory underscores a critical aspect of food labelling compliance, specifically targeting misbranding and misleading descriptions in the fast-expanding wellness beverage market. It has broader implications for consumer protection, regulatory enforcement, and legal risk in India’s food industry.
Shehnaz Gill Secures HC Relief in Unfair Contract Case
The entertainment industry is seen as a world of glamour, fame and opportunity. It is considered as a dream destination for countless aspiring artists. Everyone wants to be a part of it, hoping to make their mark and build a successful career. However, behind the glittering façade lies a hard reality: breaking into the industry is not only competitive but also fought with legal and contractual hurdles.
Many newcomers, eager for a breakthrough, sign agreements without fully understanding their implications. These contracts often contain restrictive clauses, such as exclusivity and long-term obligations, which severely limit creative freedom and earning potential. The imbalance of bargaining power between established labels and emerging talent makes it even harder for artists to assert their rights.
Latest Data Protection Insights
Smartphone Companies forced to disclose Source Code? Government issues Clarification
On January 12, 2026, Press Information Bureau (hereinafter referred to as ‘PIB’) posted on ‘X’ denying any claims and reports stating that the Indian Government has proposed to force smartphone makers to give source code of their respective operating systems. PIB clarified that, as a regular and routine consultation, the Ministry of Electronics and Information Technology (hereinafter referred to as ‘MeitY’) has started the process of stakeholders’ consultations with the industry to devise an appropriate regulatory framework. However, no final regulations have been frame yet and any future framework will be formulated only after due consultations with the relevant industry stakeholders.
Centre Brings AI-Based Cancer Detection Tools under Regulatory Oversight
Recently, the Central Drugs Standard Control Organisation (CDSCO) announced that software using Artificial Intelligence (AI) tools for cancer detection such as application analyzing CT scans, X-rays and other radiological data will require mandatory regulatory approval prior to market deployment. Currently, the leading sectors driving AI adoption include industrial and automotive, consumer goods and retail, banking, financial services and insurance, and healthcare. Collectively, these sectors account for approximately 60 percent of the total value generated by AI.
Concerns Mount around AI Guardrails as Grok goes on an Undressing Spree
On January 2, 2026, the Cyber Laws Division of the Ministry of Electronics and Information Technology (hereinafter referred to as ‘MeitY’) issued a notice to the Chief Compliance Officer of India operations of X Corp. This notice was issued in response to users using Grok to publicly convert real images posted by users into synthetically modified images portraying women and children in sexually explicit manner. The notice directs X Corp to take necessary measures to prevent such non-consensual generation of such indecent and obscene images.
Notably, this is not an isolated incident. In 2025, the United Nations Educational, Scientific and Cultural Organization released a Playbook on ‘Red Teaming Artificial Intelligence for Social Good’. The Playbook reasoned that Women are significantly more vulnerable to AI related harms stating that approximately 58% of young women and girls globally have experienced online harassment. It also stated that 96% of deep fake videos were non-consensual intimate content and 100% of the top five deep fake websites are targeting women.
OpenAI CEO Sam Altman flags Ethical and Security Concerns around AI Systems
Recently, the OpenAI CEO, Sam Altman posted on X seeking recruitment applications for the position of ‘Head of Preparedness’. In the post he acknowledged the rising ethical and security concerns around AI systems. This statement from the CEO of a leading AI Company like OpenAI sparked a conversation for an urgent need to frame regulations to address and mitigate AI related harms.
Latest POSH Insights
Internal Committee of the Aggrieved Woman’s Workplace has Jurisdiction: Third Party Sexual Harassment
Can an Internal Committee (IC) can inquire into a sexual harassment complaint when the accused works in another organization or department?
This question often arises in third party sexual harassment cases and has been a recurring concern for employers and IC Members.
In a recent ruling, the Supreme Court has provided a much need clarity by affirming that the IC at the aggrieved woman’s workplace does have the jurisdiction to inquire into the complaint, even when the respondent is from a different organization or workplace.
Supreme Court Flags Gaps in POSH Compliance, Reiterates Statutory Duty to Ensure Safe Workplaces
Over 25 years after the Vishaka guidelines and over a decade since the enactment of the POSH Act, the Supreme Cort had issued a sharp reminder: non-compliance with POSH Law is still widespread and unacceptable.
Taking a firm stand, the Apex Court had:
- Directed all High Courts to report on the constitution of Internal/Gender Sensitization Committees across courts, tribunals, bar associations and allied bodies
- Ordered all States and Union Territories to appoint District and Nodal Officers, as mandated under the POSH Act
- Pulled up authorities for inadequate awareness of the SHe-box portal, stressing the need for wider public outreach.
Consensual Teacher-Student Relationship- A moral Lapse or Sexual Harassment?
What if a teacher and a student were in a consensual relationship – one that continued years after the student left the institution- and no criminal complaint was ever filed?
Can such a relationship be labelled as sexual harassment? Can a teacher be dismissed solely on the grounds of morality?
The recent High Court ruling answers these questions-drawing a sharp line between consent and coercion and ethics and legality.