Khurana & Khurana

25/08/2026

Digital Fair Use and the Plight of Content Creators

Social media has transformed how content is created, remixed and shared. Yet India’s Copyright Act, 1957 was not designed for today’s fast-moving digital creator economy.

Content creators often use clips, music, images and other copyrighted material to create commentary, criticism, parody and transformative works—but the legal boundaries can remain uncertain.

A modern framework could:

🔹 Provide clearer rules for transformative digital content
🔹 Protect creators while respecting copyright owners
🔹 Address platform-driven content sharing
🔹 Reduce uncertainty around fair use and fair dealing

India’s copyright framework must evolve with the digital economy—protecting both creativity and creators.

Learn More: https://www.khuranaandkhurana.com/digital-fair-use-and-the-plight-of-content-creators

Introduction : YouTube was the main platform for content creation in India before the COVID-19 blackout. However, the extended quarantine period caused widespread boredom among some segments of the populace, which led many to embrace content creation on new social media platforms like Instagram and....

25/08/2026

The MARQ Trademark Dispute: Injunctions, Inventory Sell-Off & Consumer Confusion

Trademark disputes can extend beyond stopping the use of a mark—they can also raise difficult questions around existing inventory, sell-off periods and consumer confusion.

The MARQ dispute highlights important considerations for businesses:

🔹 When should an injunction be granted?
🔹 Can existing stock be permitted to be sold off?
🔹 How should courts assess potential consumer confusion?
🔹 What safeguards can balance trademark protection with commercial realities?

The case demonstrates why businesses should conduct strong trademark clearance, brand monitoring and enforcement strategies before investing heavily in a brand.

Learn More: https://www.khuranaandkhurana.com/the-marq-trademark-dispute-injunctions-inventory-sell-off-and-consumer-confusion

25/08/2026

The Legal Viability of “Right to Disconnect” Law in India

In today’s always-connected workplace, emails, calls and messages often continue beyond official working hours.

India’s proposed Right to Disconnect framework aims to give employees greater control over their personal time while addressing burnout and digital fatigue.

Key questions remain:

🔹 How should “working hours” be defined?
🔹 What exceptions should apply during emergencies?
🔹 How can employee rights be balanced with business needs?
🔹 What enforcement mechanism would be practical?

A flexible, sector-specific approach—with clear workplace policies and grievance mechanisms—could make the right effective without disrupting business continuity.

The future of work may require not just the right to work, but also the right to switch off.

Learn More: https://www.khuranaandkhurana.com/the-legal-viability-of-right-to-disconnect-law-in-india-need-implications-and-way-forward

24/08/2026

Foreign Direct Investment (FDI) Compliance in Strategic Sectors

Investing in India’s strategic sectors can offer significant opportunities—but navigating the regulatory framework requires careful planning.

For foreign investors, FDI compliance goes beyond obtaining approvals. A robust approach should address:

🔹 Sector-specific entry routes and government approvals
🔹 Beneficial ownership and ownership structures
🔹 Mandatory reporting and regulatory filings
🔹 Transaction-level due diligence
🔹 Ongoing compliance and documentation

Early legal and regulatory assessment can help identify potential issues before they affect the transaction.

For strategic-sector investments, compliance should be built into the deal structure—not addressed at the end.

Learn More: https://www.khuranaandkhurana.com/foreign-direct-investment-fdi-compliance-in-strategic-sectors

Introduction : Foreign direct investment is when a company from one country invests in or puts money into a business in another country. India is one of the most open economies in the world for FDI. FDI is an important source of capital, technology and expertise for India’s business and economy. W...

24/08/2026

The Colour of Identity: Better Protection of Colour Trademarks in India

A brand can sometimes be recognized before its name or logo is even seen.

Colour can become a powerful source of brand identity—but securing trademark protection for a colour or colour combination in India requires more than simply claiming a particular shade.

Businesses seeking stronger colour trademark protection should consider:

🔹 Distinctiveness and consumer recognition
🔹 Consistent and extensive use of the colour
🔹 Clear identification of the claimed shade or combination
🔹 Evidence of acquired distinctiveness
🔹 Proper trademark strategy and enforcement

As branding becomes increasingly visual, the legal protection of colour as a source identifier deserves greater attention.

Can a colour become a trademark? Yes—but proving that it identifies the source of goods or services is the key.

Learn More: https://www.khuranaandkhurana.com/the-colour-of-identity-better-protection-of-colour-trademarks-in-india

Introduction : If you are able to recognize a pack of Cadbury from the far end of a supermarket aisle, then you would understand my point. For a long time now, this purple color has served as the brand's identifier even before the concept of jingles or endorsement by celebrities emerged. Simply put,...

24/08/2026

Tax Planning After the 2026 Buyback Changes

The 2026 buyback changes have made tax planning more important for companies, promoters, and shareholders.

From evaluating the tax impact of buybacks to reviewing transaction structure, timing, and shareholder-level consequences, businesses need to reassess their approach before executing a buyback.

A well-planned strategy can help manage tax exposure while supporting broader corporate and capital-allocation objectives.

📌 Key considerations:
• Tax impact of the revised buyback framework
• Shareholder-level implications
• Timing and transaction structuring
• Documentation and compliance
• Evaluating alternatives to buybacks

Understanding the new rules early can help businesses make more informed capital-management decisions.

Learn More: https://www.khuranaandkhurana.com/tax-planning-after-the-2026-buyback-changes

Introduction : Corporate share buybacks have become one of the most scrutinized tools of tax policy in India, and the Finance Act, 2026 marks the third significant change in their taxation since 2019. Under Section 115QA, buybacks were taxed at a flat rate for the company and this income is tax-exem...

22/08/2026

State-wise RERA Variations: What Buyers and Developers Must Know

The Real Estate (Regulation and Development) Act, 2016 (RERA) created a common regulatory framework for India’s real estate sector—but its implementation can vary significantly across states.

For homebuyers and developers, understanding these state-level differences is essential.

🔹 Project registration and documentation requirements
🔹 State-specific rules and regulations
🔹 Disclosure and compliance obligations
🔹 Timelines for project completion and possession
🔹 Promoter responsibilities and buyer protections
🔹 Complaint and dispute-resolution mechanisms
🔹 Penalties for non-compliance

A project that complies with RERA at the central framework level may still need to meet **additional state-specific requirements.

For developers, this means building compliance strategies around the applicable State RERA authority. For buyers, it means checking the relevant state rules—not relying solely on the general RERA framework.

Learn More: https://www.khuranaandkhurana.com/state-wise-rera-variations-what-buyers-and-developers-must-know

22/08/2026

Steam or Splash? When Heat of Patent Law Meets the Cold Reality of Competition Law

Can a strong patent right become a competition concern?

The intersection of Patent Law and Competition Law is becoming increasingly important as businesses seek to protect innovation while maintaining fair and competitive markets.

A patent grants exclusive rights to encourage innovation—but those rights can raise complex questions when they affect market access, licensing, pricing, technology standards, or competitors.

Key issues to consider:

🔹 When does legitimate patent protection become an anti-competitive concern?
🔹 How should patent licensing practices be assessed?
🔹 Can refusal to license create competition-law implications?
🔹 How should market dominance and patent rights interact?
🔹 Where should the balance between innovation incentives and consumer welfare lie?

The real challenge is not choosing between “Steam” or “Splash”—it is finding the right balance between protecting innovation and preserving competitive markets.

Learn More: https://www.khuranaandkhurana.com/steam-or-splash-when-heat-of-patent-law-meets-the-cold-reality-of-competition-law

Introduction : The Supreme Court of India is currently deciding a major legal issue that deals with exercising patent rights in a way that contributes to an unfair business practice. This situation occurs between new ideas via innovation with keeping the market fair through rules. Recently, in the m...

22/08/2026

IBC Treatment of Subsidiaries During Group Resolution: What the Supreme Court’s 2026 Discussion Signals

The treatment of subsidiaries during insolvency proceedings continues to raise important questions about corporate separateness, group structures, and the scope of the Insolvency and Bankruptcy Code (IBC).

The Supreme Court’s 2026 discussion brings renewed attention to a critical issue: when can companies within the same corporate group be considered together in a resolution process, and when must their separate legal identities be preserved?

Key considerations include:

🔹 Separate legal personality of parent and subsidiary companies
🔹 Whether group relationships justify a consolidated approach to CIRP
🔹 Protection of creditors’ interests across corporate structures
🔹 The role of common management, assets, guarantees, and inter-company transactions
🔹 Balancing group resolution efficiency with the principle of corporate separateness

The evolving judicial approach could have significant implications for **corporate groups, insolvency professionals, lenders, investors, and resolution applicants** navigating complex CIRP structures.

Learn More: https://www.khuranaandkhurana.com/ibc-treatment-of-subsidiaries-during-group-resolution

Introduction : A company incorporated and registered under the Companies Act, 2013, acquires the status of a separate legal entity. In the eyes of the law, it is an artificial person having a separate legal personality from its shareholders, meaning a company has the power to sue and be sued in its....

21/08/2026

Invention Capture Policies for Contract Engineering Teams: Law, Agile Practice & AI Solutions

Contract engineering teams often generate valuable innovations—but without a structured invention capture process, important IP can be missed.

An effective policy should address:

🔹 Timely invention disclosure and documentation
🔹 Clear IP ownership and contractual obligations
🔹 Integration with agile engineering workflows
🔹 Confidentiality and protection of technical information
🔹 Responsible use of AI for invention identification and analysis

For businesses working with external engineering teams, capturing innovation early is essential to protecting IP value later.

A well-designed invention capture policy can connect law, engineering practice, and AI to create a stronger IP strategy.

Learn More: https://www.khuranaandkhurana.com/invention-capture-policies-for-contract-engineering-teams-law-agile-practice-and-ai-solutions

Introduction : The growth features of the startups are agility and innovation. They can bring in contractors or other specialized vendors to get the engineering done, which can result in rapid expansion, cost savings and the access to specialized skills. But when this topic of ownership of IP raised...