• Intellectual Property Law

    Patrolling of Patent Trolling: Exploring Options

    A recent landmark judgment pronounced by US Supreme Court once again brought into limelight the patent trolling, a concept which is very close especially to the large tech companies. It was held that the jurisdiction for a case of patent trolling will lie with the court in which the defendant resides. [1] The purpose of the research is to analyse patent trolling from the perspective of India and suggest possible solutions to it.   [Saket Agarwal is a 4th Year (BBA; LL.B) Student, National Law University, Jodhpur] Introduction The term patent trolling was first used by Peter Detkin for a ‘litigious minded IP holding company’. [2] It is a practice…

  • Financial & Insolvency Law

    Insolvency and Bankruptcy Code (Amendment) Act, 2019: Ironing Out Bottlenecks

    In order to plug gaps, the Union Cabinet introduced the Insolvency and Bankruptcy Code (Amendment) Act, 2019 (“IBC Amendment Act”). It did not prefer the ordinance route like previous amendments and instead brought in an Act to tackle the problems with the Code. A press release dated July 17, 2019, by the Ministry of Corporate Affairs (“MCA”) clarified that the Act is an effort to remove the complications in the CIRP. The same Act has now been enforced as law. The  features of the Act are: 1. The Act speaks volumes about the legislative emphasis on a time-bound conclusion of the CIRP. The Act, with a view to eliminating bottlenecks…

  • Tax Law

    Base Erosion and Profit Shifting : Impact on India

    In June 2019, the Union Cabinet chaired by the Prime Minister ratified the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting.[i] Earlier, India and the US had signed an agreement for the exchange of country-by-country report in order to give massive relief to subsidiaries of US-headquartered companies in taxation-related matters. The filing of Country-by-Country (CbC) Report by the multinational companies placed a huge compliance burden on the subsidiary companies. Hence, the agreement signed between India and the US will enable both countries to automatically exchange CbC reports filed by the parent entities. This was part of the action plan adopted by the Organisation…

  • Securities Law

    Analysis of SEBI’s DVR Framework and Addressing Concerns

    A shareholder derives his power of voting in a company from Section 47 of the Companies Act 2013. With a general right to vote on every resolution, shareholders exert their ownership through voting on key corporate issues at the annual general meeting. These issues involve the appointment of the board of directors, issuing of securities etc. Certain restrictions can be placed on the voting rights of a shareholder by the articles of association of a company but generally, the shareholders have one vote per share in accordance with the principle of corporate governance. With the growth and increase in the scale of operation, a company needs more capital. Debt not…

  • Corporate & Commercial Law

    India’s Draft E-Commerce Policy: A Set-Back

    The e-commerce industry has been booming over the years and has facilitated the integration of markets across the world. It allows producers as well as buyers to access markets easily which were hitherto separated by time and distance. In India, it brings in a lot of Foreign Direct Investment (“FDI”) as the market-based model for e-commerce entities is allowed 100%  FDI. In May 2018, Walmart announced its intention to acquire 77% stake in Flipkart, which was approved by the Competition Commission of India (“CCI”) in August 2018, resulting in the biggest acquisition of an e-commerce company around the world. This decision was met with almost equal support and opposition. While…

  • Corporate & Commercial Law

    Legal Underpinnings of the US withdrawal of Generalized System of Preferences benefits to India

    The World Trade Organization (“WTO”) is an international organization which regulates the trade relations between its member nations. The WTO covers both multilateral as well as Plurilateral Agreements. These Agreements contain certain special provisions for the benefit of the developing nations in the form of special rights. These provisions give developed nations certain rights to treat the developing nations more favourably than other members of the WTO. These provisions are called “Special and differential treatment provisions”. One such benefit provided to the developing nations by the developed nations is the Generalized System of Preferences (“GSP”). The legal basis for the GSP is the Enabling Clause which allowed developing countries to…

  • Intellectual Property Law

    Moral Rights of Architects : No Remedy for Demolition of Works?

    In May this year, in a case concerning the demolition of Hall of Nations, Hall of Industries, and Nehru Pavilion in Delhi, all three of them being highly acclaimed architectural relics, the Hon’ble Delhi High Court has ruled that an architect does not have the right to ask for reconstruction of his demolished buildings as per original plans. The primary question that this case raised was vis-a-vis the ambit of the Right to Integrity in works of one’s authorship as guaranteed by the Berne Convention to which India is a signatory and the mandate of which has been adopted into India by virtue of the Copyright Act, 1957.   [Ayushi Goel…

  • 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…

css.php