The Intersection of Copyright Law and Artistic Creativity: Lessons from Andy Warhol Foundation v. Goldsmith and a Comparison with Indian Copyright Law
Introduction The Andy Warhol Foundation for the Visual Arts v. Goldsmith case has sparked extensive discussions on the relationship between copyright law and artistic expression. This memo briefly explores the case and compares the fair use provisions in U.S. copyright law with those in Indian copyright law. By examining these frameworks, we can gain valuable […]
CERT‐In Rules and Directions
With an increasing number of Indians using the Internet and cyberspace and the goal of a $1 trillion digital economy by 2026, the Government of India is taking steps to strengthen cybersecurity in India. It has established an evolving framework comprising statutes, rules, directions and supervisory agencies intended to keep cyberspace safe for individuals and […]
EU Shows the Way to Responsible Regulation of AI
European Union’s AI Act – The Dawn of a New Regulatory Regime The European Union’s Artificial Intelligence Act (AI Act) stands as a pivotal milestone in the European Union’s pursuit of effective artificial intelligence (AI) governance. This groundbreaking proposal strives to establish a comprehensive regulatory framework that harmonizes the development, market deployment, and responsible usage […]
Supreme Court Rules That Intent Is Relevant In Insider Trading Cases
In Securities and Exchange Board of India v. Abhijit Rajan1, the Supreme Court held that the insider’s intent must be considered before determining whether the insider is guilty of insider trading. If the insider did not intend to take advantage of the unpublished price sensitive information (“UPSI”), the person could not be guilty of insider trading. The […]
Supreme Court’s Stamping Decision: Blow to the Validity of Arbitration Agreements?
The Supreme Court’s recent landmark judgment by a 3-2 majority1 in N. N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd.2, held that an arbitration agreement in an unstamped contract is not enforceable under Indian law if such contract is not duly stamped. The court thus overruled its previous decision by a bench of […]
Enforcement and setting aside of domestic award in India
Introduction The enforcement of arbitral awards in India is governed by the Arbitration and Conciliation Act, 1996 (the Act). Part-I of the Act includes enforcement of a domestic award, which is done in accordance with the procedure for enforcement of a court decree under the Code of Civil Procedure, 1908 (CPC). The procedure related to […]
Tata consultancy services limited Versus Cyrus investments pvt. Ltd.
Background On March 26, 2021, a three-judge bench of the Supreme Court of India (SC), led by Chief Justice determined there was no case of oppression and mismanagement against Cyrus Mistry at Tata Sons. Cyrus Mistry is Tata Sons’ former chairman. Cyrus Investments Private Limited and Sterling Investment Corporation Private Limited (Complainant Companies) belong to […]