Insights
Dr. Vijay Mishra
Notes on Indian law written by Dr. Vijay Mishra, Counsel. Particulars are on Dr. Vijay Mishra's page.
An assignment of copyright passes only the rights, term and territory it names, and it leaves the author's royalty share and moral rights behind
An assignment of copyright under sections 18 and 19 of the Copyright Act, 1957 passes only what the written instrument identifies: the work, the rights, the term and the territory.
Electronics Component Manufacturing Scheme: what the incentive rates, thresholds and recovery terms say
The Electronics Component Manufacturing Scheme (ECMS), notified by the Ministry of Electronics and Information Technology (MeitY) on 8 April 2025 with an outlay of INR 22,919 crore including administrative expenses, pays turnover-linked incentive at 1 to 10 per cent of incremental sales, capex incentive at 25 per cent of eligible capital expenditure, or both together for the two selected bare components in segment C.
What protects a Qatari investor in India: the 1999 treaty's ten-year tail, no new treaty yet, and the tax rules
No India-Qatar investment treaty is in force on the register of the Department of Economic Affairs (DEA), which records the 1999 treaty as terminated on 23 March 2017 and lists no later Qatar entry.
Under the SHANTI Act, private Indian companies may hold nuclear power licences, with operator liability capped by reactor size, from a date yet to be notified
The Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India Act, 2025 (Act No. 39 of 2025), which received assent on 20 December 2025 and was published in the Gazette of India on 21 December 2025, repeals the Atomic Energy Act, 1962 and the Civil Liability for Nuclear Damage Act, 2010, and, once in force, makes any company incorporated in India, alone or in a joint venture, eligible for a licence to build, own, operate and decommission a nuclear power plant, with no equity ceiling in the text.
The scheme that replaced FAME pays once a vehicle is sold, and the battery rules charge for it again two years later
PM E-DRIVE, the scheme that followed FAME-II and subsumed EMPS-2024, now runs to 31 March 2028 on an outlay raised to INR 11,900 crore, and the last date for a claim under any component is 31 December 2027.
Semicon 2.0: the gates are revenue, ownership and technology you already hold, not the capital you propose to spend
Semicon 2.0, notified on 31 August 2026, cut fiscal support for a silicon wafer fab to 40 per cent of eligible capital expenditure from the up to 50 per cent the first programme carried.
India's export control list now names chip manufacturing tools, and shipping or re-exporting them needs a licence
India's export control list for dual use items, the Special Chemicals, Organisms, Materials, Equipment and Technologies (SCOMET) list, was revised by the Directorate General of Foreign Trade (DGFT) on 23 September 2025, to take effect 30 days after issue.
AI and patents, trade secrets and training data in India
Where Indian law stands on patenting AI, naming an AI as inventor, protecting models as trade secrets, and using copyright works as training data.
Online money games are prohibited in India from 1 May 2026, and the tax on the years before that survives the prohibition
The Promotion and Regulation of Online Gaming Act, 2025 came into force on 1 May 2026, and it does not regulate online money games.
The Defence Procurement Manual 2025 halves the cap on liquidated damages until the inexcusable delay passes a quarter of the total delivery period
The Defence Procurement Manual 2025 came into force on 1 November 2025 for revenue procurement by the Ministry of Defence and the Services.
The India-EFTA agreement's USD 100 billion investment objective is a promotion duty, not investment protection
The Trade and Economic Partnership Agreement (TEPA) between India and the four European Free Trade Association (EFTA) States, Iceland, Liechtenstein, Norway and Switzerland, was signed on 10 March 2024 and entered into force on 1 October 2025.
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