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2773 items in total found

Working Papers | 2026

One Person Companies in India: A Decadal Assessment 2014-2024

Megha Tiwari and M P Ram Mohan

One Person Company (OPC) was introduced in India under the Companies Act, 2013, and registrations began in 2014 with the first official data release in 2015. An OPC is defined as a company that has a single shareholder. By design, OPCs are meant to offer sole proprietors the benefits of a corporate structure, including a separate legal identity, limited liability, the ability to convert into other types of companies, along with minimal administrative burdens and compliance requirements. OPCs, have been in existence for over a decade, and amendments to the law are now being contemplated. This study outlines the legal framework governing OPCs and undertakes an empirical analysis of key performance parameters over the ten-year period from 2014 to 2024.

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Working Papers | 2026

Non-Compete and Non-Solicitation Clauses

M P Ram Mohan, Siddhartha Shukla, Tom Lyle and Prem Vinod Parwani

This note provides an overview of non-compete and non-solicitation clauses, contrasting Indian law with key principles and considerations under English law. It examines the doctrinal framework under Section 27 of the Indian Contract Act, 1872, on the restraint of trade. It shows how there are differing thresholds of enforceability of non-compete and non-solicitation clauses, depending on whether they appear in employment or commercial contexts. It then compares India’s doctrinal framework with other common law jurisdictions, with a particular focus on the English common law “reasonableness” framework that governs the enforceability of non-compete and non-solicitation clauses in the UK. The article concludes by demonstrating litigation and enforceability challenges of these types of clauses, along with suggestions for practitioners to strategically address them.

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Working Papers | 2026

Trade-Dress Law in India

M P Ram Mohan, Pratishtha Agarwal

The increased emphasis on visual presentation and brand experience has elevated trade-dress from a peripheral concern to a central feature of trademark protection. Indian trade-dress protection is currently spread across multiple intellectual property legal regime with special emphasis through the passing-off law under the trademarks Act 1999. Despite commercial importance of trade-dress law, and without explicit statutory definition of what constitutes trade-dress, its protection is shaped almost entirely through a patchwork of judicial interpretation across the Supreme Court and the High Courts. The present study undertakes a mapping and comparative analysis of trade-dress jurisprudence across the Supreme Court of India and four major High Courts; Delhi, Bombay, Madras and Calcutta. The analysis reveals a fragmented landscape highlighting divergent judicial approaches to distinctiveness, consumer perception, functionality and evidentiary thresholds, The present study further identifies persistent doctrinal tensions from the conflation of trade-dress with copyright and design law in the Indian context. The authors argue for a more disciplined and coherent framework for trade-dress protection in India.

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Working Papers | 2026

Credit Reallocation and Exporting: Evaluating the IBC Reforms in India

Padmabati Nayak

This paper studies whether strengthening creditor rights improves the allocation of capital toward productive exporting firms. I examine India’s Insolvency and Bankruptcy Code (IBC) of 2016, which introduced a time-bound insolvency resolution framework and strengthened creditor control. Using firm-level data from CMIE Prowess and a difference-in-differences design, I test whether the reform relaxed financing constraints for firms with high marginal returns to capital (MRPK). I find that following the IBC, high-MRPK exporting firms experience a significant increase in export intensity, investment, and long-term domestic borrowing relative to other firms. In contrast, foreign borrowing remains unchanged, suggesting that the reform primarily improved access to domestic credit markets. The findings imply that

stronger insolvency institutions can improve allocative efficiency by channeling capital toward productive but financially constrained firms. More broadly, the paper highlights the  role of creditor rights in shaping export performance and resource allocation in emerging economies.

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Working Papers | 2026

Creditor Rights, State-Owned Banks, and Investment Efficiency: Evidence from SARFAESI Act

Vishal Vaibhav

I examine whether firms borrowing exclusively from government-owned banks respond differently to SARFAESI Act and how it affects the investment efficiency. I find that firms borrowing exclusively from government-owned banks experience a significant increase in investment inefficiency following the reform. I also find the increase in inefficiency is concentrated among firms with high levels of tangible assets, suggesting that collateral enforcement is the primary mechanism driving the results.

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Working Papers | 2025

Non-Disclosure Agreements and Confidentiality Clauses

M P Ram Mohan, Siddhartha Shukla, Julie Farley and Prem Vinod Parwani

This note aims to provide an overview of Non-Disclosure Agreements and Confidentiality clauses contrasting Indian law with key issues under English law. It examines the doctrinal framework protecting confidential information, which is a “patchwork of remedies” derived from contract law, intellectual property law, and common law. It defines and distinguishes the different forms of obligations to protect confidential information, outlines the remedies for breach and sets out some practical drafting considerations that are peculiar to the considerations of business parties in NDAs.

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Working Papers | 2025

Virtual Digital Assets Service Providers under Indian Insolvency Framework

Prerna Seerwani, M P Ram Mohan

Crypto trading is emerging as a prominent investment avenue within India’s financial landscape. The Indian legal regime has recognized crypto assets as “virtual digital assets” only for limited purposes of taxation and anti-money laundering obligations. The loss of crypto assets following the hack of Indian crypto exchange WazirX, remains an evolving legal controversy, with Indian courts continuing to struggle with the complexities of disputes involving crypto assets. As crypto markets remain largely underregulated globally, crypto platforms engage in regulatory arbitrage by relocating to jurisdictions with favourable legal system, thereby complicating the determination of applicable law, jurisdiction, and the identity of the debtor entity. A review of literature on failed crypto exchanges shows that their collapse is frequently linked to two factors: the absence of regulatory oversight and their susceptibility to cyberattacks. In this context, this paper undertakes a foundational enquiry into the need to adapt the Insolvency and Bankruptcy Code, 2016 to address insolvency proceedings involving crypto platforms. Drawing from comparative regulatory and judicial developments, it examines issues of classification, ownership, valuation, and cross-border implications of crypto assets. We contend that crypto assets qualify as “property” under the IBC and that targeted statutory interventions are essential to safeguard crypto exchange users’ rights in the event of insolvency.

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Working Papers | 2025

The Proustian Predicament in Trademark Law: Charting the Legal Recognition of Olfactory Marks

M P Ram Mohan, Pratishtha Agarwal

With the rise of multi-sensory branding, trademarks have expanded beyond the graphical and visual requirement to encompass olfaction, pushing the traditional limits of trademark doctrine. The present study assesses the evolving status of olfactory trademarks by focusing on their unique position as sensory-based marks. The study maps the regulatory landscape and evidentiary threshold for olfactory trademarks in the United States, European Union and Australia. These foundations are then juxtaposed to the Indian trademark law to conceptualise a workable framework for accommodating olfactory trademarks within the Trade Marks Act, 1999. The absence of a precedent in the Indian context underscores conservatism surrounding olfactory marks. The authors propose a hybrid framework for incorporating olfactory trademarks into the Trade Marks Act, 1999, combining Australia’s statutory model with the evidentiary standards set by the US Courts and the USPTO.

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Working Papers | 2025

“In the name of eminent domain”: A historical and colonial perspective to land governance and land struggles in India

Ranjan K. Ghosh, Satish Y. Deodhar

This paper traces the historical evolution of land governance in India leading up to the Land Acquisition Act (LAA) of 1894, situating it within broader colonial need of economic extraction. It explores how British land policies enabled the forced cultivation of opium and establishment of tea plantations to correct Britain’s trade imbalance with China and sustain global dominance. These extractive systems, rooted in the doctrine of eminent domain, dispossessed millions and fuelled the indentured labour system. The paper also highlights resistance movements, both armed and non-violent, that arose in response to these injustices. It lays the foundation for examining deeper historical shifts in Indian land tenure.

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Working Papers | 2025

Reimagining Legal Practice Under the Advocates Act 1961

M P Ram Mohan, Sidharth Sharma & Prem Vinod Parwani

Who is called an ‘advocate’ in India – and on what terms is a deeply contested question. This question is tightly regulated by the Bar Council and the Advocates Act 1961, which together reserve the ‘practice of law’ exclusively for those enrolled as ‘advocates.’ This paper interrogates the normative and legal assumptions underlying this exclusion. In doing so, it contrasts India’s framework for legal professionals across different professions, and with those in the UK and US. By tracing the colonial history of the Act alongside its judicial interpretations, we argue that the Act creates a rigid, exclusive regime that is ill-suited to the contemporary realities of the Indian legal profession. The paper concludes by proposing legislative and regulatory reforms to align Indian legal practice with contemporary realities and global best practices.

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