Evolution Of Corporate Governance In India

India, today, is a widely preferred business location for companies all over the world because of its robust regulatory framework, sustainable environment and a polished talent pool. However, was this the case in the earlier days after independence too? The answer, without any thinking is, a clear 'No'. So, what has made a difference? The answer to this question is the advancement that has been constantly and promptly captured and curated in the corporate governance sphere. Decades ago,...

Declaratory Judgment Provisions In India And US: A Relief From Potential Patent Infringement?

Launching a new product or entering a new business area always raises valid concerns about possible infringements of third-party patent rights. To reduce this risk, companies conduct Freedom to Operate (FTO) studies, which can provide some assurance. However, the threat of legal action remains, especially when patents closely relate to a product or process.[1] It's important to note that an FTO does not protect against an infringement lawsuit. Therefore, one effective strategy in India is to use...

The Working Of The IBC – Some Thoughts And Reflections : Justice Anand Venkatesh Writes

1. The Insolvency and Bankruptcy Code (IBC), 2016 aims at timely reorganization and resolution of corporates, firms and individuals; to maximize the assets of such debtors for the benefit of all stakeholders. It has been said that introspection is a powerful tool for self-betterment. Aristotle is believed to have said that knowing yourself is the beginning of all wisdom. There is no doubt that what is true for individuals is true for institutions which they man and run. An institution which does...

Snipped And Sued: The 10-Second Clip That Sparked A Copyright War

The Mohak Mangal and ANI controversy has grabbed national interest and sparked debates across platforms regarding the 'fairness' of the use of a 10 second clip owned by ANI in a video made by Mangal spanning close to 30 minutes. On one side we have a party seeking compensation for use of its copyrighted material whereas proponents of the opponent side claim that the usage of the clip was incidental and would fall under the exception of 'Fair Use'.This controversy also brings to the fore the...

Can Arbitral Awards Be Modified In Setting-Aside Proceedings? – A Brief On Supreme Court's Re-Interpretation Of Section 34 Of Arbitration Act

Section 34 of the Arbitration and Conciliation Act, 1996 ('Act'), governs the setting-aside of awards arising from arbitrations seated in India. This provision does not provide any powers for the setting-aside court to vary or modify portions of the award. This was the legal position in vogue under Indian law, until the Hon'ble Supreme Court's reinterpretation of Section 34, by its judgment dated 30th April 2025 in Gayatri Balasamy v. M/s ISG Novasoft Technologies Limited ('Balasamy'). By their...

Patent Pooling And Diffusion Of Green Technology: A Critical Analysis

Patent pool is a consortium of two or more patent-holders to promote a particular technology and share the market monopoly.Patent pool is an association of two or more companies to cross-license their patents in respect to a particular technology. In other words, this is an agreement between companies to license or permit one another or any third party to use the patents owned by them."The aggregation of intellectual property rights which are the subject of cross-licensing, whether they are...

Power Of Court To Modify An Arbitral Award – A Legal Quagmire

The issue whether courts can modify arbitral awards in exercise of their powers under Sec. 34 and Sec. 37 of the Arbitration and Conciliation Act, 1996 (hereinafter 'ACA') has been a long standing issue of debate within the legal fraternity with the presence of conflicting judgments. To put quietus to this issue, a three-judge bench of the Supreme Court consisting of Chief Justice of India Sanjiv Khanna and Justices Sanjay Kumar and KV Vishwanathan has referred this matter to a five-judge...