When a Prefix Is Not Enough: Deceptive Similarity and the Essential Feature Doctrine
By Himanshu Deora Introduction In a significant ruling dated February 10, 2026, the Delhi High Court revisited core principles of trademark law particularly prior use, deceptive similarity, and the essential feature doctrine, in the context of competing marks in the same commercial space.
Public Utilities as Fiduciaries, Not Arbitrary Authorities: Calcutta High Court Quashes Inflated Electricity Demand
By Nivedita Bhardwaj Introduction The supply of electricity, a critical public utility, is not merely a commercial activity but a statutory obligation imbued with public law responsibilities. Distribution licensees often state-controlled entities, operate within a framework that demands fairness, transparency, and accountability. Disputes relating to excessive billing, defective meters, and retrospective demands frequently test the …
Strengthening Merger Oversight in India
By Surbhi Kapoor Introduction The merger control regime in India has undergone significant transformation following recent reforms under the Competition Act, 2002. Pursuant to the Competition (Amendment) Act, 2023 and subsequent regulations operationalised in 2024, the Competition Commission of India (CCI) has introduced a more structured, modern, and principle-driven framework for reviewing combinations.
D&O Insurance in the Age of Data Governance: Premium Realities under India’s DPDP Regime
Introduction India’s enactment of the Digital Personal Data Protection Act, 2023 (“DPDP Act”) marks a decisive shift toward a modern data protection regime anchored in accountability, consent, and enforcement. While the statute is primarily directed at “data fiduciaries,” its implications extend well beyond operational compliance. At the boardroom level, the Act has triggered a reassessment …
Strengthening REIT Governance in India: An Analysis of SEBI’s 2023 Regulatory Reforms
By Aurelia Menezes Introduction India’s Real Estate Investment Trust (REIT) regime has witnessed significant regulatory evolution in recent years, driven by the need to enhance governance standards, strengthen investor protection, and align with global best practices. In 2023, the Securities and Exchange Board of India (SEBI) introduced a series of amendments and circulars impacting REITs, …
Digital Forced Labour in the Age of AI: A Human Rights Perspective
By Rohitaashv Sinha Introduction The rapid advancement of Artificial Intelligence (AI) and digital platforms has fundamentally transformed the nature of work. Labour is no longer confined to physical workplaces; instead, it is increasingly mediated through digital infrastructures that enable cross-border participation in global labour markets.
Karta’s Personal Liability Where HUF Assets Are Insufficient to Satisfy an Arbitral Award: Bombay High Court Clarifies Position
By Athira T.S Introduction The Hindu Undivided Family (HUF) occupies a distinctive position in Indian law. While not a separate juristic entity in the same manner as a corporation or partnership, the HUF is nevertheless recognised for purposes of property ownership, taxation, and litigation. The affairs of the HUF are managed by the Karta, who …
From Human Cartels to Digital Coordination: Rethinking Section 3(3) in Algorithmic Markets
By Aniket Ghosh Introduction Traditionally, competition law has viewed cartels as the product of deliberately coordinated human activities. These include activities such as price-fixing, market allocation, limiting output, and bid-rigging. Cartels have historically required the existence of explicitly articulated agreements or tacitly agreed upon actions through communication and conscious coordinated strategic actions among competing businesses. …
Force Majeure in Times of War: Navigating Contractual Risk Under Indian Law in the Context of the Iran-Israel-US Conflict
By Sukrit Kapoor Introduction The resurgence of geopolitical conflict involving Iran, Israel, and the United States has once again foregrounded the vulnerability of international commercial arrangements to external shocks. For Indian businesses engaged in cross-border trade, energy procurement, logistics, and manufacturing, the ripple effects of such a conflict ranging from disrupted shipping routes to sanctions and supply …
From Policy Concept to Market Instrument: The Regulatory Framework for Virtual PPAs in India
By Nivedita Bhardwaj Introduction India’s move towards a clean energy future has resulted in the development of innovative market instruments that will help facilitate the growth of renewable energy while meeting obligations imposed on obligated entities. To this end, the Central Electricity Regulatory Commission (CERC) has proposed regulatory amendments to the Indian power market that …