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Kangan Roda accepts senior panel counsel role at Delhi High Court
Delhi High Court has appointed Kangan Roda, founding partner of illuminIP, as a senior panel counsel.
“As I step into the role of senior panel counsel for the government of India for Delhi High Court,...
Revanta Mathur second hire to boost CAM’s IP practice
Revanta Mathur has joined Cyril Amarchand Mangaldas as a partner in Delhi-NCR, becoming the second hire since September 2023 to bolster the IP practice.
Mathur said, “I am excited to join the largest full-service law...
A call to action
Combatting counterfeiters is never easy, but often the very survival of quality enterprises is on the line. The stakes are high so the right strategies are key, write Ami Parikh and Bhavesh Haria, in-house...
Infringing scholastic material not requiring close study
In the recent case of Oswaal Books and Learning Private Limited v Bokaro Students Friend Private Limited and Ors, the plaintiff, Oswaal Books and Learning applied for and was granted an urgent ex parte...
First time? Don’t pAnIc!
Smita Rajmohan, senior product counsel and co-head of the AI Practice Group at software company Autodesk, offers expert advice to in-house counsel on how their companies can implement AI systems
Companies worldwide are embracing new...
Deals of the Year 2023
India Business Law Journal reveals 50 standout deals and disputes of 2023, and the law firms that successfully concluded them
The year 2023 will be remembered for its several notable highs for corporate India –...
LexOrbis trademarks head joins Anand and Anand
Omesh Puri has joined Anand and Anand after a 12-year stint at LexOrbis.
Puri was partner and head of the trademarks, copyright and designs practice area during his stint at LexOrbis, contributing his extensive experience...
Distinctive pharma packaging needed to avoid harm
In the recent case of Dr Reddy’s Laboratories Limited v SGS Pharmaceuticals (P) Limited, Delhi High Court granted relief to the plaintiff, Dr Reddy’s Laboratories, by restraining the defendant from infringing on the registered...
Franchising in India: An opportunity for Korean business
Franchising as a business strategy provides attractive opportunities for foreign companies looking to expand their businesses in India’s thriving markets. The Indian franchise market is expected to reach USD140 to 150 billion during the...
Dynamic injunction a red card for sports pirates
The rise of digital technology has revolutionised access to and sharing of digital content. It has also led to a significant increase in digital piracy, a major concern for content creators, copyright holders and...
Varalakshmi Makyam to fortify Novo Juris’ IP practice
Varalakshmi Makyam, a seasoned intellectual property rights attorney, has joined Novo Juris as a partner in a move that comes hot on the heels of the firm’s announcement to expand into the US.
Makyam, who...
Infringing copyright and websites simply not cricket
In the recent case of Sporta Technologies Pvt Ltd and Anr v Unfading OPC Private Limited, Delhi High Court decided that the defendant company had blatantly infringed the trademarks and copied the website of...
Real intelligence must supervise AI and soon
Artificial Intelligence (AI) is transforming our world. However, concerns have grown regarding its ethical implications and risks. The European Union (EU) has acted significantly by adopting the AI Act (act), a comprehensive regulatory framework...
Partners Vishal Tripathi, Manish Mishra among 14 Inttl promotions
Inttl Advocare has promoted 14 lawyers to various positions, including Vishal Tripathi and Manish Kumar Mishra as partners, raising the partnership ranks to six.
Tripathi, a registered patent agent and attorney at law, boasts 18...
Your next judge may be an algorithm
Artificial Intelligence (AI) is now a familiar term and is a part of our everyday lives. AI is behind applications performing tasks that once required human effort. Today, lawyers use AI for research, document...
Indian Law Firm Awards 2023
Recognising and rewarding exceptional legal work. Katherine Abraham reports
India’s legal industry is experiencing a surge in activity, driven by increased deal-flow and record-breaking IPOs. While the most recognised law firms continue to dominate on...
Data privacy in the age of ChatGPT
OpenAI’s ChatGPT has attracted significant attention worldwide since its launch in November 2022. Similar artificial intelligence (AI) applications, such as Google’s Bard and Microsoft’s Bing have emerged as competitors. While these AI applications are...
AI’s disruption in IP and evolution of jurisprudence so far
Intellectual property (IP) laws have, until now, in the absence of artificial intelligence (AI), considered IP as the creation of human intellect. This foundation has been disturbed by the recent explosion in AI, which...
In-house Counsel Awards 2022
India Business Law Journal reveals the achievements of the country’s leading in-house counsel and corporate legal teams who have been selected as this year’s winners. Katherine Abraham reports
Individual AwardsTeam Awards
As the In-House Counsel Awards 2023...
Suing AI will need better human law
It has been only a few weeks since being released into the wild, but ChatGPT is the latest cool topic. This chatbot comes only months after the release of DALL-E, a product from the...
Apple not falling far enough from the tree
In the recent case of Vinita Gupta v Amit Arora, the Delhi High Court considered the concept of semantic and conceptual similarity in dealing with two trademarks, Applestree and Appleplant. The courts have had...
Royalties for recordings are a live Issue
Songs are made of multiple layers, from music composition, lyrics, and vocal performances to audio production, mixing, and mastering. While this seems simple, complications arise in determining the royalties owed to the contributors to...
Ineffective copyright protection in the metaverse
Pooja Entertainment recently purchased virtual land, naming it Poojaverse, to promote its release of Bade Miyan Chote Miyan, the first Hindi film released in the metaverse. This unprecedented move proves film producers are tapping...
Safe digital spaces may curtail existing freedoms
Questions over whether the internet should be regulated and if so, how have vexed governments for years, with India being no different. In 2021, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code)...
India, Japan build an enterprising cyber future
In June 2022, India and Japan held a high-level virtual cyber dialogue. The joint secretary of the Cyber Diplomacy Division of the Ministry of External Affairs led the India side, which included ministries such...
Sweet smell of success in protecting advertising IPRs
With the spread of digital media and platforms, particularly across borders, advertising assumes even greater importance in acquiring reputation and goodwill. Jurisprudence and the application of intellectual property rights protection must correspondingly evolve to...
Court in the act
Supreme Court gives teeth to copyright penalties
The Supreme Court’s judgment in the recent matter of Knit Pro International v State of NCT of Delhi is likely to assuage the demands of Western nations that...
You’re hooked!
A new cyber scam is targeting top brands’ websites to sell fake dealerships and franchise offers. While the courts are helping by making such offences cognisable and non-bailable, brand owners must up the ante...
Hirani joins MDP & Partners to head media practice
Lavin Hirani has been appointed as a partner at MDP & Partners and will head the firm's media and entertainment practice.
In his previous assignments, he was an associate partner for three years at Naik...
New ASCI code prohibits stereotypes and prejudice
The Advertising Standards Council of India (ASCI) is a non-profit company that serves as a voluntary council to further the cause of self-regulation in the advertising industry. It is sponsored by advertisers, the media,...
Nidumuri leaves Indus to take CAM’s southern dispute reins
Lomesh Kiran Nidumuri has joined Cyril Amarchand Mangaldas (CAM) as a disputes-practice partner. He was previously a partner at IndusLaw where he headed the disputes team.
Nidumuri will be based in Bengaluru and lead the...
Crystal gazing into the future of competition and digital markets
The rise in the use of digital platforms and emerging technology has forced competition regulators globally to keep up, innovate and widen their competition assessment tools. The Competition Commission of India (CCI) is not...
Indian Law Firm Awards 2022
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In a celebration of hard work, ingenuity and excellence, India Business Law Journal reveals the winners of the 2022 Indian Law Firm Awards. Vandana Chatlani reports
In the past 12...
Rising prominence of store layouts in IP disputes
Prachi Agarwal and Mishthi Dubey examine the jurisprudence around store layouts and provide practical advice for their protection
It is seemingly often that a reference to a certain restaurant or a store strikes in the...
Court requires banks to join fight against scammers
More cases of online scamming, phishing and fraud have come to light in the recent past. In January 2022, the Delhi High Court granted an interim order in the case of Kajaria Ceramics Limited...
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India Business Law Journal identifies 50 promising lawyers who are poised for greater success
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In a time when demonstrating strong leadership...
IP dimension of NFTs
Mamta Rani Jha looks at NFTs through the prism of intellectual property and discusses possible issues that may arise when dealing with them
One of the most discussed applications of blockchain today is the non-fungible...
In the market for a distinctive trademark
In the recent case of Walmart Apollo Llc v Aayush Jain and Anr, the Delhi High Court dealt with allegations that the defendants were not acting in good faith and had not in good faith...
Jury out on fate of cryptos, NFTs
India stands on the cusp of a cryptocurrency boom even as a 2021 bill may scupper opportunities while also affecting prospects for non-fungible tokens, which are traded in cryptos. Raghavan Ramabadran and Sai Prashanth define the instruments and...
Keeping up with IP
India’s IP regime is going through a tumultuous period with the abolition of the IP appellate board earlier this year, the emergence of new technologies, and challenges associated with covid-19 vaccines. We brought together...
Non-fungible tokens: The new kid on the block
In March 2021, Beeple, an American digital artist auctioned a non-fungible token (NFT) of an artwork he had created for an eye-popping USD69 million. The same month, Jack Dorsey, the CEO of Twitter, sold...
NFTs: would Vincent have approved?
GC Bishwarup Chakrabarti says that NFTs have seen their popularity soar of late, which could reignite a centuries-old debate that artists should profit from the resale of their works
For corporate lawyers there’s nothing like...
Copyrighted software not taxable royalty on resale
The taxability of payments by importers for software imports from non-resident suppliers is a vexed question on which courts had earlier given conflicted rulings. The question has now been settled by the Supreme Court...
KAL Radio out of tune on copyright
The relatively new provisions of the statutory licensing of copyrights have often caused confusion with respect to their interpretation. The courts have repeatedly faced the dilemma of whether to interpret those provisions narrowly or...
Corporate and commercial e-interests yield to consumers
A new draft of the e-commerce rules was published in June 2021 and feedback is invited. The rules apply to all goods and services purchased or sold over electronic networks, including non-tangible products and...
Uniformity needed for IP disputes
The establishment of an IP division at Delhi High Court should be followed by the creation of similar benches at other high courts, write Manisha Singh and Varun Sharma
Recently, Delhi High Court created an...
The rebuild
The IP division at Delhi High Court may be a harbinger of a new era, but India would do well to look further afield for examples of best-practice IP dispute resolution, argues KS Kardam,...
Alpha inducts food, retail head
Vikram Raj has joined Alpha Partners as a partner in Bengaluru, and will head its food and retail (regulatory and litigation) practice. Raj joins from Farm to Fork Solutions, where he was head of...
Indian Law Firm Awards 2021
Discover our other annual awards Award
Vandana Chatlani reports
India has faced a terrible year battling the covid-19 pandemic. Companies and law firm offices shut shop. Homes were turned into work spaces, and lawyers relied on...
Copyright registration not mandatory for enforcement of rights
Copyright is unique in that it comes into existence as soon the work is created. It is enshrined in the automatic protection principle in the Berne Convention and, as a member of the convention,...
Abolishing IPAB: An own goal?
Closing down the Intellectual Property Appellate Board may not align with the government's plan of promoting ease of doing business, writes Pravin Anand
See also: IP practitioners warn of dire consequences as IPAB gets the...
Using injunctions to prevent IP infringement
Brand owners can benefit from preventive relief against acts of infringement or passing off by others. The courts can grant various types of injunctions, prohibitory, permanent, or temporary, to prevent further damage to the...
Outsourcers are protected against IP infringement
Many companies outsource manufacturing processes to third party entities or vendors. Such vendors are bound by the terms of agreements that define key aspects of the services they provide, including the use of the...
How proposed data reform will affect venture capital
The committee studying non-personal data and data governance frameworks has issued a draft report for consultation. The report particularly affects digital businesses including fintech and payment service providers, as it proposes a new regime...
Moving targets
With IP infringers shifting pirated content to mirror websites following takedown orders, Delhi High Court has started allowing dynamic injunctions to block new means of broadcasting the material. Rebecca Abraham reports
Delhi High Court has...
Domain registrars and banks held accountable
The internet gives criminals many opportunities to defraud unsuspecting users. It is well known that one must not believe everything that is on the web. The imaginative ways that copyright infringers use to defraud...
Disney wins injunctions against 37 ‘rogue’ websites
Saikrishna & Associates represented Disney Enterprises when Delhi High Court granted the entertainment giant interim injunctions against 37 websites that Disney said were enabling the downstreaming of their films and other programmes without licences.
The...
No copyright protection implied for film sequels
India is acclaimed for its film industry and produces the largest number of movies in the world per year. Apart from Hindi cinema, there are many other regional film industries renowned for their glitz,...
Fighting piracy: A usual day at work for software giants
Software products now serve a global audience across many industries. Organizations have been shifting from paper to digital. This increased dependency and demand has had favourable and unfavourable consequences for software developers. Purchase of...
Creative synergy
Intellectual property and R&D teams need to work closer in order to better monetize IP for companies, writes Mythri Kota
High-quality protection of intellectual property (IP) is a crucial factor for companies to succeed in...
Keeping competitors at bay
Parties must take care not to have unreasonable or one-sided non-compete clauses in agreements, as these can be rendered ineffective by the courts, writes Kunal Mehta
It is well-settled law that a non-compete obligation in...
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Brands adopt stronger enforcement strategies
Over the past few years, with the rise in counterfeiting and trademark infringement cases, the need for and the awareness of enforcement of intellectual property rights (IPR) has also increased. Since the target consumer...
Problem solving
The way ahead is never straightforward
As experience in the past few decades along with recent events have shown, propelling the Indian economy forward requires wisdom, out-of-the-box thinking in large doses, and a good helping...
Out of harmony
Clarity from the Intellectual Property Appellate Board is required to lessen tensions between music labels and broadcasters, writes Sachin Kalra
The relationship between radio broadcasters and music labels has always been contentious, due to rights...
Recourse measures for apprehension of infringement
Threats of infringement weigh heavily on patentees who therefore closely monitor active and passive unauthorized uses of their patented inventions. This is not as easy as it may seem. What constitutes an imminent danger...
Deals of the Year 2019
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LexOrbis promotes 2 to partnership
LexOrbis has promoted associate partners Joginder Singh and Omesh Puri to the position of partners in its Delhi office. Singh and Puri have headed the patent engineering, and trademarks, copyright and design practices, respectively, for...
Are copyright infringement offences cognizable or not?
In November 2019, the Delhi High Court heard a petition filed by Anurag Sanghi, who sought relief to quash a first information report (FIR) registered against him under sections 63 and 65 of the...
News in brief – September 2019
ELP partners leave firm
Seetharaman & Associates has changed its name to Sarvada Legal after bringing on board former Economic Laws Practice (ELP) partners MP Devnath and Vivek Sharma and associate partner Abhishek Anand along...
Under attack
A US report offers a stinging rebuke to India’s behaviour on matters of intellectual property. But how justified are its criticisms? Corporate counsel Harish Suryavanshi gives his view
On the eve of World Intellectual Property...
Leaders of the pack
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Architects cannot object to demolition of buildings
In a recent judgment in Raj Rewal v Union of India & Ors, Delhi High Court considered whether an architect of an artistic work could restrain or seek compensation from the owner of the...
News in brief – June 2019
HSA gets banking partner in Delhi
HSA Advocates has hired Amit Charan as a partner in its New Delhi office. Charan joins from SNG & Partners where he was a principal associate. Charan focuses on...
Protecting IP assets key to success of startups
Recent efforts by the government, investors and innovators have helped facilitate the growth of budding businesses in India. While the initial plans for any business involve indispensable demands and priorities, protection of intellectual property...
Weak links
As regulation races to keep up with the digital evolution, the rapid pace of change can create its own weaknesses in the chain of protection and enforcement. Gautam Kagalwala reports on how India's draft...
Focus on the Spotify case
MANOJ K SINGH and SAMRIDH AHUJA explore compulsory licensing in India’s copyright regime
The eagerly awaited music streaming app, Spotify, launched in India on 28 February 2019 mired in multiple controversies as music labels Warner Music Group...
Safeguarding brands online
ESSENESE OBHAN and TAARIKA PILLAI analyze online counterfeiting, intermediary liability rules
The spread of user-generated content and e-commerce platforms, combined with competition for website traffic demands new strategies to monitor the online use of trademarks...
Calculating punitive damages in infringement
Although there have been several intellectual property (IP) infringement cases in India, most of the time the litigants either settle the dispute out of court or are satisfied with a permanent injunction. Injunctions including...
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Legal frontiers
Leading law firms shed light on the cutting-edge practice areas that are receiving the attention of India’s top legal minds
Internet platform liability
Bankruptcy & insolvency
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INTERNET PLATFORM LIABILITY
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Intermediary liability in India – moving goalposts
INTERNET PLATFORM LIABILITY
The internet has revolutionized the way we interact; however, it has also brought with it a host of problems such as hate speech, terrorist recruitment, fake news, illegal lobbying, and personal data...
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Customer database does not qualify as a trade secret
Delhi High Court recently examined whether a list of customers/clients together with information about their contact persons/numbers maintained by a service provider has copyright.
In Navigator Logistics Ltd v Kashif Qureshi & Ors, the plaintiff,...
Evolving principles for award of punitive damages
The principles involved in award of damages in intellectual property (IP) litigation in India have seen much evolution in the recent past. The landscape of the award of punitive damages was aggressively set in...
No prizes for second place
Elite national law universities have captured the corporate law world. Do lawyers from the lower-rung schools stand a chance? Rebecca Abraham takes a look at the challenges for aspiring lawyers
The Common Law Admission Test...
Copyright infringement offences: Cognizable or not?
Cognizability is one of the various kinds of classifications pertaining to offences. A cognizable offence is one for which a police officer may arrest without warrant. The cognizability of the offence of copyright infringement...
Courts take the high road to punish IP infringers
Enforcement of intellectual property (IP) law remains the most debated subject in the matter of infringement of intellectual property rights (IPR). Such concern covers all subjects in the fields of patents, designs, trademarks and...
Concepts cannot receive copyright protection
Delhi High Court recently reiterated the long-established principle that a concept is not entitled to copyright protection. The definition of “a work” under section 2(y) of the Copyright Act, 1957, and the list of...
Artistic works: Resolving design-copyright overlap
One of most controversial provisions of the Copyright Act, 1957, states that copyright in any design that could be registered under the Designs Act, 2000, but has not been so registered will cease when...
Open market for fake goods
A reluctance by the police to enforce criminal laws against counterfeiters is fuelling their illicit trade. Harsh Aggarwal and Roma Arora report
Counterfeiting is one of the biggest challenges facing brand owners, as it threatens their...
TV outlets and distributors face new regulatory regime
A 3 July press release from the Telecom Regulatory Authority of India (TRAI) has brought into effect the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017, and the Telecommunication (Broadcasting and Cable)...
High fliers
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Safeguarding secrets
How can companies prevent former employees from using confidential information once they’ve walked out the door?
Kiran Radhakrishnan explains
In order to maintain a competitive edge in an era of globalization and increasingly liberalized markets, businesses...
Film titles not protected
Madras High Court in a recent judgment held that the Copyright Act, 1957, by itself does not protect titles of films, books or songs, as the title of a work is distinct from the...
Can designs law protect graphical user interface?
Protecting graphical user interface (GUI) through design registration is still a grey area in India. Although the Indian Design Office follows the classification which has class 14-04 for screen displays or icons, the office...
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Getting inventive
Nishant Sharma assesses the government’s efforts to build an intellectual property eco-system that works for IP creators, buyers and the country at large
India has one of the most forward-looking sets of IP legislation in the...
Directorship, employment and copyright ownership
Delhi High Court in August dealt with a highly contentious matter pertaining to the ownership of copyright in a work involving the aspects of fiduciary duties of a director and work done in the...
John Doe orders bring light in dark age of digital piracy
Among various technological developments in the past two decades, the internet and other digital means of communication and publication have taken the highest leap. However, parallel to the escalation in the use of the...
Khaitan & Co represents Trimurti Films in copyright dispute
Khaitan & Co successfully represented Trimurti Films in the Bombay High Court to prevent Super Cassette Industries (T-series) and Vertex Motion Pictures (Milan Luthria) from using a remixed song in their recently released film...
‘Estate planning’ needed as joint ventures may go awry
When a joint venture (JV) is set up between an Indian and an overseas company, both parties usually have a bullish view of things to come and an eagerness to get started with the...
Grants of punitive damages signal growing IP protection
Damages, as the name implies, refers to a form of compensation as a result of breach, loss or injury. Punitive damages are pecuniary compensation awarded to punish the at-fault party, particularly for any intentional,...
WhatsApp notice to be legally admissible
Bombay High Court has confirmed acceptance of communication over WhatsApp Messenger as proof of notice of a case, observing that defendants who avoid and evade service by regular modes cannot be permitted to take...
Executive and legal regime fight against counterfeiting
Counterfeiting imperils a nation’s economic growth and tarnishes its brand image. India’s recent efforts to develop a robust and well-coordinated executive and legal regime to tackle this menace include the first National Intellectual Property...
The right formula
The general counsel of UPL talks to Rebecca Abraham about the risks and rewards of managing 7,000+ agrochemical trademarks
Global companies that currently lead in their particular sector – be it electronics, pharmaceuticals or beverages – almost invariably...
Meaningful change
A cheer for transparency, but for how long?
Owners of intellectual property (IP) rights in India have been cheering the publication of a new set of trademark rules. It reduces the paperwork when applying for...
Zee and Sony in copyright combat over reality show
In the constant race for TV rating points, competitors often come at loggerheads as in a recent clash between two titans over a reality TV show.
Zee Entertainment Enterprises initiated a quia timet copyright infringement...
IP comes to the fore in East Africa
John Syekei and Ariana Issaias at Bowmans offer tips on intellectual property protection in Kenya
Until recently, intellectual property was not a priority for investors seeking their nest of golden eggs in Africa. That is...
Intermediaries rejoice after key appeal win by Myspace
Freedom of speech and expression over the internet influence the entire online community, professionally and personally, in varying degrees. In India, the statutory framework on these issues has been inept and judicial precedent to...
Protecting the business of professional sports leagues
Sports events are among the most popular forms of entertainment available via the media. There is a craze for live events such as Indian Premier League cricket, Indian Super League football and even kabaddi...
Top tips for US companies doing business in India
India offers many advantages for US companies, including English language proficiency, a vibrant technology industry, an educated workforce and lower costs, as well as a number of pitfalls to avoid. Here are some quick...
A push for procedural certainty
Gowree Gokhale and Jaideep Reddy analyse the problems of delegated legislation and suggest ways to resolve them.
While the constitution and central and state statutes are the basis of India’s legal regime, delegated (or subordinate)...
Doing business in India: A mountain of challenges?
We read so much about the rapid growth of India’s economy and that recent reforms have made this huge country a more attractive place for foreign investors. But is the reality more complicated? How...
Single licence sufficient to play songs in public
In International Confederation of Societies of Authors and Composers (CISAC) v Aditya Pandey & Ors, the Supreme Court recently upheld a Delhi High Court ruling that event organizers need not secure licences from lyricists...
No tax on offshore transfer if IP owner located abroad
In the current era of globalization, it is quite common for a business as a whole to be transferred on an “as is where is” basis, without any modification in the prevailing business structure....
Educational exception under copyright act upheld
In The Chancellor, Masters & Scholars of the University of Oxford & Ors v Rameshwari Photocopy Services & Anr, Delhi High Court held that photocopying sections of books in which copyright exists, for use...
Catching the counterfeiters
Abhai Pandey and Omesh Puri on why greater enforcement machinery is vital to fight the fakes
With the advent of online marketplaces and the opening up of international trade on those platforms, counterfeiting in India...
