Features

As the world changes and technology grows fast, the way we think about trademarks is also changing. Trademarks which are used to identify and protect brands, have traditionally included names and logos. However, in the future, they will take on new forms, reflect new consumer behaviour and require new legal rules to stay effective.

India has taken a significant step towards simplifying its corporate consolidation framework with the codification of fast-track mergers under the Companies Act, 2013. Governed by Section 233 and read with Rules 25 and 25A of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 (as amended), this mechanism enables a select category of companies to bypass the otherwise lengthy and complex National Company Law Tribunal (NCLT) process. In parallel, Section 234 of the Companies Act, 2013 facilitates cross-border mergers involving Indian and foreign companies, subject to regulatory approvals—most notably from the Reserve Bank of India (RBI). With recent regulatory reforms, India is positioning itself as a favourable jurisdiction for inbound mergers, including the increasingly relevant concept of reverse flipping—the relocation of company domiciles from foreign countries back to India.

Achuthan Sreekumar of Anand and Anand draws on a recent High Court of Delhi ruling on the unauthorised use of Ratan Tata’s identity to consider how Indian jurisprudence protects well-known personal names

Charles Feng, Lian Xue, and Chenxi Cui of Tahota Law Firm draw on the case and several other legal disputes to explore the fractious relationship between games console emulators and manufacturers

The team at TOPPAN Digital IP believe there are key flaws in current intellectual property systems and services. Managing IP hears how the company’s STREAM IP platform is aimed at addressing them

German courts are now permitting the service of claims on Chinese respondents by publication to ensure effective legal protection. Marco Stief of Maiwald contrasts this approach with the Unified Patent Court’s stricter stance