SSRana Newsletter 2026 Issue 10

August 26, 2026
IP Monthly Newsletter August

As the legal landscape continues to evolve across corporate law, technology, IP, and compliance, staying informed is more important than ever. This edition explores key developments including WhatsApp’s shift to usernames, CERT-In’s AI vulnerability guidelines, music licensing for digital platforms, FSSAI’s crackdown on misleading claims, and emerging concerns around childcare oversight and children’s data protection. Explore this month’s insights and stay ahead of the developments shaping business and innovation.

Latest IP Insights

Box 1 - Bombay High Court Restrains

Bombay High Court Restrains Hamon Cooling Systems from Using the ‘HAMON’ Mark in John Cockerill Hamon SAS’ Favour

A familiar trademark can carry decades of reputation, and courts are prepared to protect it. In this notable decision, the Bombay High Court restrained the use of the “HAMON” mark, reinforcing the importance of safeguarding brand identity and preventing consumer confusion. Read how the ruling strengthens trademark enforcement for established businesses.

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Box 2 - VAPORUB vs. VAPORIN

VapoRub v. Vaporin: When a Giant’s Grip on ‘Vapo’ Meets Its Match

Can a common prefix become exclusively associated with a famous brand? The VapoRub v. Vaporin dispute examines the limits of trademark protection and the balance between preserving brand identity and allowing fair competition. Dive into this intriguing case to understand how courts assess similarity, distinctiveness, and consumer perception in trademark disputes.

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Box 3 - India–UK Trade CETA

India–UK Trade CETA Comes into Force: The IP Rules Reshaping Global Brands

As India and the UK strengthen their economic partnership, intellectual property is emerging as a cornerstone of the proposed trade framework. This article explores how the IP provisions under the India-UK CETA could influence innovation, investment, and cross-border business opportunities, making it essential reading for companies operating in global markets.

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Box 4 - ZARA v. ZORA

Zara v. Zora: Delhi High Court Holds Prior Well-Known Declaration Not Mandatory to Invoke Section 11(2)

Can a brand protect its reputation without first being officially declared “well-known”? In a significant trademark ruling, the Delhi High Court answered with a clear yes. The judgment strengthens the rights of reputed brands by clarifying that prior recognition as a well-known trademark is not a prerequisite for seeking protection under Section 11(2) of the Trade Marks Act. Discover why this decision could reshape trademark enforcement in India.

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Box 5 - The Fashion Face Off

Buttoned in Controversy: The Fashion Face-Off Chanel v. Shiver Duke

When fashion meets intellectual property, even a button can become the centre of a legal battle. This dispute highlights how iconic design elements can be fiercely protected and where the line is drawn between inspiration and infringement. Explore the case that underscores the growing importance of design rights in the luxury fashion industry.

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Box 6 - ANI Media v open Ai

Copyright: ANI Media Pvt. Ltd. v. OpenAI OpCo LLC

As artificial intelligence continues to challenge traditional copyright principles, the ANI v. OpenAI dispute has become one of India’s most closely watched legal battles. The case explores whether using copyrighted material to train AI models amounts to infringement and raises important questions about fair dealing, innovation, and the future of AI regulation. Read how this landmark litigation could influence India’s evolving AI and copyright landscape.

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Box 7 - IPRS Licence

Do You Need an IPRS Licence for Your App or Digital Platform?

Streaming music, hosting live content, or integrating songs into your app? Your platform may require more than just great technology, it could also need the right licences. This article breaks down when an IPRS licence becomes necessary and helps digital businesses navigate the often-overlooked world of music copyright compliance.

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Box 8 - Two Routes to Music Licensing

Direct Licensing vs. Copyright Society Licensing in India – Which Protects You Better?

Should you negotiate directly with copyright owners or rely on a copyright society? The choice can have significant legal and commercial implications. This article compares both licensing models, explaining their advantages, challenges, and which approach may offer better protection depending on your business needs.

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Box 9 - protecting silicon innovation

Protecting Silicon Innovation: What India’s Semiconductor IC Layout-Design Numbers Mean for Indian Companies

India’s semiconductor ambitions are gaining momentum, but innovation requires strong legal protection. This article examines the latest trends in Integrated Circuit Layout-Design registrations and what they reveal about the country’s growing chip ecosystem. Find out why these numbers matter and how businesses can leverage IP protection to stay competitive.

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Latest Corporate Insights

Box 10 - WhatsApp's Shift to Usernames

WhatsApp’s Shift to Usernames: Impersonation Risk, Regulatory Pushback and the DPDP Compliance Test

WhatsApp’s proposed move away from phone-number based identification towards a username-based system has, within days of being reported, triggered two distinct but connected reactions in India: public concern voiced by industry founders and privacy experts over impersonation and data-sharing risk, and a reported regulatory direction to Meta to pause the feature’s India rollout pending consultations.

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Box 11 - New AI-Vulnerability Guidelines

CERT-In’s New AI-Vulnerability Guidelines: A Quick Reference for OEMs, Tech Vendors and In-House Counsel

Cybersecurity regulation in India has, until now, largely spoken to the entity that suffers the breach. The 2022 CERT-In Directions issued under Section 70B of the Information Technology Act, 2000 fixed a six-hour reporting clock on the organisation that detects an incident. The new Guidelines flip the lens onto the entity upstream of that breach, the OEM or technology provider that built the product in the first place.

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Box 12 - 100% Labelling Crackdown

FSSAI vs. Misleading Claims: The Legal Story Behind the “100%” Labelling Crackdown

The Food Safety and Standards Authority of India (“FSSAI”) has, over the course of late May 2025, taken two connected regulatory steps aimed at curbing misleading claims on packaged food labels. First, FSSAI issued a formal advisory to all Food Business Operators (“FBOs”) directing them to discontinue the use of the term “100%” on food labels, packaging and promotional material.

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Box 13 - Bengaluru Crèche Abuse Case

Bengaluru Creche Abuse Case: Examining India’s Regulatory Gaps in Childcare Oversight and Data Protection

The registration of a criminal case against five daycare workers at a crèche operating within Capgemini Technology Services India Limited’s Brookefield campus in Bengaluru has brought renewed attention to a persistent gap in Indian law: the absence of a uniform, enforceable regulatory framework for workplace and standalone childcare facilities.

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Box 14 - performance data with third parties

Schools, Coaching Centres & Platforms Processing Children’s Data: Are You Compliant?

Across India, educational institutions and businesses that deal with minors have made it a routine practice to photograph children celebrating achievements, post their names and images on social media, websites, and marketing material, share performance data with third parties, and collect biometric or health-related data – all without obtaining verifiable parental consent.

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Latest POSH Insights

Box 15 - IS A DIRECTOR AN EMPLOYER

Is a Director an Employer or an Employer Under the Posh Act?

Can a Director be proceeded against by the Internal Committee under the POSH Act? Many organizations assume that when allegations of sexual harassment are made against a Director, the matter must automatically be referred to the Local Committee.The recent Kerala High Court judgment examined the distinction between an employee and an employer and clarified who has the authority to inquire into such complaints.

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Box 16 - POSH Inquiry

NCW Releases Comprehensive Handbook on POSH Inquiry Procedures

The implementation of the POSH Act has evolved significantly over the years, with judicial precedents continuously shaping the manner in which workplace inquiries are conducted. The recent released National Commission for Women’s Comprehensive Handbook on POSH Inquiry Procedures is a timely initiative that seeks to bridge the gap between statutory provisions and practical implementation.

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Box 17 - Delhi High Court on Suspension

Delhi High Court on Suspension, Fact-Finding Committee and POSH Compliance

The interface between an employer’s disciplinary powers and the statutory framework under POSH has long remained an area of legal uncertainty. While employers undoubtedly posess administrative authority to maintain workplace discipline, the POSH Act creates a specialized mechanism for dealing with allegations of sexual harassment through IC.

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