• Intellectual Property Law

    Judicial Evolution of ‘Fair Use’ of Copyrights – In the Context of Parodies

    To parody is to imitate another’s work in order to ridicule or criticize such work. The act of copying may also be the result of reproducing an original work indirectly, which is from a copy thereof. Parody is not possible without reproduction of a certain amount of work from the original published work. Where does an act of parody then violate the rights of the creator and cause copyright infringement?   [Abhishek Iyer is a student of 3rd Year B.A.-LLB at the Gujarat National Law University, Gandhinagar and can be reached at abhishekiyer1999[at]gmail.com]   History of the Creator’s Rights The first statute that protected the creator’s rights was Britain’s Statute of Anne…

  • Securities Law

    Insider Trading: Will SEBI’s Informant Mechanism be Effective?

    The Securities and Exchange Board of India (“SEBI”) on 10th June 2019 proposed an ‘informant mechanism’ to safeguard the interests of the investors and tackle insider trading. In light of the difficulty in tracking illegal transactions, the SEBI has released a Discussion Paper which would be enforced by amending the SEBI (Prohibition of Insider Trading) Regulations, 2015 (“2015 Regulations”) as mentioned therein. The proposed mechanism seeks to provide ‘near absolute confidentiality along with appropriate surveillance.’ Genuine whistleblowers would get a monetary reward of up to ₹ 1 crore as well as amnesty from regulatory action. This Article aims to analyse the evolution of Insider Trading laws in India, their applicability and the minutiae…

  • Intellectual Property Law

    A Peep into the Draft Copyright (Amendment) Rules, 2019

    Perhaps, change is the only constant. As a natural corollary, dynamism becomes the quintessential feature of law. This finds resonance with the logic behind the official statement of the Ministry of Commerce and Industry, which has made public the Draft Copyright (Amendment) Rules, 2019, for stakeholders’ remarks till 29 June 2019 “in order to ensure smooth and flawless compliance of Copyright Act in the light of technological advancement in digital era and to bring them in parity with other relevant legislation, the Department for Promotion of Industry and Internal Trade (“DPIIT”) has now proposed to introduce the Copyright Amendment Rules, 2019.”[1] This proposal knocks at the door at a time…

  • Financial & Insolvency Law

    Pre-packaged Insolvency: Time for India to Accept?

    The Insolvency and Bankruptcy Code (“IBC”) was enacted to provide a legal framework for the effective resolution of insolvency and bankruptcy of corporate persons, individuals and partnership firms. It was welcomed because it worked for the benefit of the creditor as well as debtor. With the increasing challenges and pendency in adjudication and the consistent failures in meeting the 180-day deadline, parties have started figuring out means outside of the IBC to reorganise/appropriate their assets and come out of insolvency or effect an efficacious liquidation. [Shiphali Patel is a student of 4th year BA LL.B (Hons.) at Dr Ram Manohar Lohiya National Law University, Lucknow]   Background In the case of…

  • Financial & Insolvency Law

    RBI’s Draft Enabling Framework for Regulatory Sandbox: A Step Forward in Innovation

    Amidst much speculations in the FinTech sector, the Reserve Bank of India (“RBI”) released the Draft Enabling Framework for Regulatory Sandbox, 2019 (“Draft Framework”) on 18th April 2019 aimed at enhancing financial inclusion and innovation in the Indian financial sector, especially for FinTech start-ups. This article seeks to discuss various important clauses of the Draft Framework and examine them in light of the objectives sought to be achieved by it and thereafter, suggest some changes.   [Mansi Mishra is a student of second year B.A. LL.B. (Hons.) at the National Law Institute University, Bhopal]   About the Draft Framework The object behind the Draft Framework is to set up Regulatory Sandbox (“RS”)…

  • Financial & Insolvency Law

    Information Symmetry under the Insolvency and Bankruptcy Code, 2016

    The modus operendi to achieve an optimum insolvency regime is to critically analyse the performance of the legislation on the basis of the effects it has on the overall business and credit market. Thus critiquing its efficiency is an important element of any codified law in a country. This need is even more imperative not only because of the number of applications under the Insolvency and Bankruptcy Code, 2016 (“Code”) but because of the increasing use of this new mechanism to achieve the enforcement of debt obligations and reorganization outside the formal process under the Code, as an arm twisting means, making it more onerous to investigate its effectiveness and efficiency.…

  • Financial & Insolvency Law

    Rights of Employees and Workmen under IBC: Road to Recovery?

    The Insolvency and Bankruptcy Code, 2016 (“Code”) has been enacted with an objective of consolidating and amending the laws relating to reorganisation and insolvency resolution of corporate persons, partnership firms and individuals in a time-bound manner. It aims at maximisation of value of assets of such corporate persons, partnership firms and individuals, promoting entrepreneurship, ensuring availability of credit and balancing the interests of all stakeholders. The author, in this articles, aims to cover the provisions related to the rights of employees under the Code to recover their unpaid wages and salaries from the Corporate Debtor and bring out a picture about how such provisions act as a boon for them. [Dulung Sengupta…

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