After five years, India finally has a comprehensive legal structure in place to govern the handling of its citizens’ personal data. On August 11, 2023, the Digital Personal Data Protection Act 2023 (“DPDP Act”) received the President’s assent bringing an end to the variability that existed in the realm of data protection in India.

The legal issue was whether the provision of a keyword by an advertiser which is identical to a registered trademark of a third-party amounts to an infringement within the meaning of the Trademarks Act.