KAY & Partners — Insights
Commentary on recent judgments and regulatory developments across our practice areas. Analysis is factual and educational. Nothing here constitutes legal advice.
The Administration Trap
The Claim Described How the Drugs Would Be Given. The Patent Office Called That a Method of Treatment.
Section 3(i) of the Patents Act is short, and for pharmaceutical applicants it is one of the most expensive sentences in Indian law. It excludes from patentability any process for the medicinal, curative or prophylactic …
Read analysis →The Unrecorded Guarantee
The Guarantee Never Appeared in the Balance Sheet. The Supreme Court Says It Is Still Financial Debt.
There is a moment early in every corporate insolvency when the resolution professional decides who counts. Claims come in, get verified, get admitted or rejected, and the Committee of Creditors takes shape around those d…
Read analysis →The Vendor's Shadow
Your Supplier Collected the Tax and Never Passed It On. That Is Now Your Problem.
The notice usually lands about eighteen months late. By then the invoice is a line in a reconciliation nobody has opened since it was filed, and the person who approved the purchase order has moved on.
Read analysis →The Dynamic Shield
A Delhi High Court Order Now Protects Cricket Matches Before They Are Played
A rogue streaming site has one critical advantage over a rights holder seeking injunctive relief: it does not need to exist before the match starts. It can appear hours before the first ball, attract a hundred thousand v…
Read analysis →The Head Office Cap
The Supreme Court Closes the Section 44C Loophole Foreign Banks Thought They Had
A branch office of a foreign bank operates in India, but it does not operate alone. Behind every branch is a head office — in New York, in London, in Tokyo — running the systems, carrying the compliance infrastructure, m…
Read analysis →The Investor's Test
The Supreme Court Has Drawn a Line Between Homebuyers and Investors Under the IBC
When Parliament amended the Insolvency and Bankruptcy Code in 2018 to bring homebuyers within the definition of financial creditors, the move was deliberately protective. Thousands of individual purchasers had committed …
Read analysis →The ITC Lifeline
Five Years of GST Credit Reversals, Undone by Parliament in a Single Amendment
In the first years of the Goods and Services Tax regime, taxpayers and their advisors were navigating a system that was still being assembled in real time. Returns were late. The portal misbehaved. Timelines that looked …
Read analysis →The National Register
TikTok Has Registered Trademarks in India. It Cannot Have Well-Known Status — and the Bombay High Court Explained Why the Ban Is Relevant.
In Indian trademark law, well-known status occupies a position somewhat above ordinary registered protection. A mark declared well-known — by the Registrar or by a court — can be invoked against registrations in entirely…
Read analysis →The Effect Test
Schott Glass Was Dominant. The Competition Commission Said It Abused That Dominance. The Supreme Court Disagreed — and Explained Why That Matters.
Borosilicate glass tubing — the raw material from which pharmaceutical ampoules, vials, and cartridges are made — is manufactured in large furnaces by a small number of specialist producers worldwide. Converters buy tubi…
Read analysis →Page 1 of 4 — 29 articles
The analyses published here are prepared by the editorial team of KAY & Partners and are intended solely as general commentary on judicial and regulatory developments. They do not constitute legal advice and should not be relied upon as such. Bar Council of India Rules prohibit advocates from soliciting work or advertising in a manner that implies specialisation or past success. Nothing on this page constitutes a testimonial, endorsement, or guarantee of outcome.