Introduction India's intellectual property landscape is currently experiencing a significant paradigm shift, moving away from the nation's traditional reliance on textual and visual identifiers toward an immersive, multisensory framework for brand protection. The objectives of the Trademark Act are to safeguard consumers' rights and prevent potential confusion, while simultaneously protecting manufacturers or owners from unauthorized … Continue reading Sound and Smell Marks: A New Era in India’s Trademark Law
Understanding Derivative Action under the Companies Act, 2013
Introduction The Companies Act, 2013 provides multiple remedies to shareholders when corporate affairs are conducted improperly. However, not every wrongdoing can be addressed through the same legal route. One concept that is frequently misunderstood and often confused with class action proceedings is the derivative action. Indian courts and tribunals have consistently clarified that a derivative … Continue reading Understanding Derivative Action under the Companies Act, 2013
Where Aesthetics Align with Law: Decoding Indian Design Protection Framework
In an era of aesthetic innovation, where products and its packing is constantly evolving, design rights have emerged as effective pillar of intellectual property. A customer is often influenced by his choice of an article not only by its practical efficiency but also by its appearance. A physical appearance really means a design and its … Continue reading Where Aesthetics Align with Law: Decoding Indian Design Protection Framework
SME IPO in India: Regulatory Architecture, Profitability Threshold & Market Valuation Approach
Introduction Over the past decade, the SME listing route has transformed capital access for emerging Indian businesses. Instead of relying solely on private equity, debt funding, or promoter capital, growth-stage companies can now tap public markets through dedicated SME segments of recognized stock exchanges. In India, SME listings take place on: BSE SME Platform NSE … Continue reading SME IPO in India: Regulatory Architecture, Profitability Threshold & Market Valuation Approach
Understanding the Merger Cooperation Agreement
INTRODUCTION TO MERGER COOPERATION AGREEMENT When companies agree upon the scheme of compromise or arrangement between shareholders and company i.e. merger, in such case to define the road map of complete merger transaction, companies enter into the merger cooperation agreement. It is a pre-closing contract entered into between the companies that have agreed in principle … Continue reading Understanding the Merger Cooperation Agreement
Understanding Slump Sale vs Demerger: Key Tax Differences
A company can sell its assets and liabilities through slump sale. As per section 2(42C) of the Income Tax Act, "slump sale" means the transfer of one or more undertaking, by any means (“by any means” was substituted with “as result of sale” as per the Finance Act, 2021. In my opinion and understanding, it … Continue reading Understanding Slump Sale vs Demerger: Key Tax Differences
POSITION OF CREDITORS IN THE CASE OF DEMERGER AND SCOPE OF SECTION 230-232 OF THE COMPANIES ACT WRT TO CREDITORS
UNDERSTANDING THE “UNDERTAKING” As we all know that in the case of Demerger, company transfer’s its undertaking as going concern to the resulting company which can be a new company or existing company. Interestingly, “undertaking” has not been defined under this section but under the explanation to section 180 (1)(a) which says that undertaking means … Continue reading POSITION OF CREDITORS IN THE CASE OF DEMERGER AND SCOPE OF SECTION 230-232 OF THE COMPANIES ACT WRT TO CREDITORS
How Share Capital will be treated in case of Demerger b/w Listed Holding Company and its Subsidiary
As we have already discussed in our previous article about the basics of demerger so, in this article we will keep the scope limited to the treatment of share capital in the case of demerger. For any demerger transaction between holding and its wholly owned subsidiary it is mandatory to obtain a share valuation report … Continue reading How Share Capital will be treated in case of Demerger b/w Listed Holding Company and its Subsidiary
Capital Reduction via Buy Back is not permissible under Section 66 of Companies Act 2013
Section 66 of the Companies Act, 2013 speaks about the Capital reduction and capital reduction of the shares can be done only through a special resolution but tribunal approval is required i.e. NCLT for the purpose of Capital Reduction. A company can reduce its capital by cancelling or extinguishing the shares subject to the special … Continue reading Capital Reduction via Buy Back is not permissible under Section 66 of Companies Act 2013
Understanding Statement of Use in U.S. Trademark Law
Statement of Use (SOU) in US Trademark Law A Statement of Use or SOU is a formal declaration filed with the United States Patent and Trademark Office (USPTO) to show that you are actually using a trademark in U.S. commerce. It is only required when an application was filed on an intent-to-use basis Section 1(b) … Continue reading Understanding Statement of Use in U.S. Trademark Law
DUCTUS EDGE 