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Authored by Lakshmi Rengarajan Promoters of listed companies that do not expeditiously redress investor complaints will have their shareholding frozen as per SEBI’s circular SEBI/HO/OIAE/IGRD/CIR/P/2020/152 dated 13th August 2020, (to be effective from 1st September 2020) in respect of complaints specified in List 1 below. By this circular, SEBI has shifted the responsibility of monitoring […]

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Rule based governance of Indian companies was ushered in by the Companies Act, 2013 and the related rules. The rules even went to the extent of prescribing matters to be stated by directors if they were to attend meetings by video conferencing. The rules traversed into areas that the law did not, and at times […]

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Authored by R. Padma Akila In the matter of:  Insider Trading in the scrip of Indiabulls Real Estate Limited (“Company” / “IBREL”) Date of the order: 10.07.2020 Provisions invoked: Section 12A[1] (d) and (e) of SEBI Act, 1992, read with Regulation 4(1)[2] of SEBI (PIT) Regulations, 2015 Facts of the case: 1. SEBI, on analysing […]

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Authored by Aishwarya Lakshmi VM. Applicant: Way to Wealth Brokers Pvt. Ltd. Date of the guidance: 20.07.2020 Factual Background (i) The Applicant is a stockbroker registered with SEBI. They have received a proposal from a listed company to fund the RSU (Restricted Stock Unit) issued by the listed company to its employees, to enable the […]

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Authored by Aishwarya Lakshmi V. M. Applicant: RS Software (India) Ltd. Date of the guidance: 17.09.2019 Factual Background (i) R S Software (India) Ltd. had started an employee Trust in the name ‘R S Software Employee Welfare Trust’ with the objective of aiding the employees in the form of medical facilities, scholarships, housing etc. (ii) […]

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Authored by Aishwarya Lakshmi VM Applicant: Mirza International Ltd. Date of the guidance: 10.06.2020 Factual Background (i) The Managing Director of the Company who individually holds 11.27% shares in the company is desirous of gifting his shares to his daughters. The daughters are married and leading a separate life, away from the father. (ii) The […]

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SEBI has released a Consultation Paper, proposing three (3) options, with respect to listed companies that have a resolution plan approved by the NCLT, in respect of the minimum pubic shareholding (“MPS”) in such companies, and also suggestions of additional disclosures by such companies pursuant to the approved resolution plan. Here we look at the […]

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Authored by Shrutakeerti This is in continuation to our article on the highlights and salient features of the Consumer Protection Act, 2019, (‘Act’), and we now delve into the offences and penalty provisions of the Act. The basic and primary mechanism under the Act is to restore justice to the complainant in the form of […]

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With the rapid growth of internet and dilution of geographical boundaries, marketing of products and services through websites and domain names are becoming an increasingly important mode of brand building and channels of commerce for trademark owners. Domain name/website names forms an essential part of the trademark assets and represent the virtual address of an […]

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In the light of the COVID-19 pandemic situation prevailing in the country, the CGPDTM has decided to conduct show cause hearings for trademark matters pursuant to the Trademarks Rules, 2017, through video conferencing and in this regard, a public notice was issued on 26th August 2020 that has requested the Applicants and Trademark Agents/Attorneys to […]

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The CGPDTM has been issuing public notices[1]  as part of the Trademark Journals bearing numbers 1928 to 1939, published since 20th July 2020, intimating closure of the opposition window for the Trademarks published in the said Journals and thereby allowing the unopposed trademarks published under the said journals for registration. It is to be noted […]

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Vide this notification, CSR Rules and Schedule VII of the Act has been amended, to enable the R&D expenditure incurred by companies in R&D of Covid-19 vaccine, drug(s) and medical devices in their normal course of business, to account it as CSR expenditure, for financial years 2020-2021, 2021-2022 and 2022-2023, so long as these companies […]

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Ministry of Corporate Affairs (MCA) vide aforementioned circulars had enabled conducting general meetings of members through video conference (VC) or through other audio-visual means (OVAM). As per provisions of Companies Act 2013, all special resolutions are required to be filed with the Registrar of Companies (ROC) within 30 days of passing of the resolution.  In […]

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Authored by Ammu Brigit Patanjali Ayurveda Limited (Patanjali) along with Divya Pharmacy Limited in its recent press conference launched ayurvedic medicines claiming to be the first ayurvedic cure medicines with 100% recovery within seven days for Covid-19. Taking notice of this announcement, Ministry of Ayurveda, Yoga, Neuropathy, Unani, Siddha and Homeopathy (Ministry of AYUSH) instructed […]

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Authored by Vishaka In a recent development, triggered by the release of a web-series titled “XXX uncensored- Season 2” that was telecasted on an Over the Top (OTT) platform,  an advisory letter dated 27th July 2020 has been issued by the Secretary to the Ministry of Defence (“MOD”), to the regional officer of the Central […]

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Authored by Ammu Brigit Informed consent being one of the fundamental principles of good clinical practice is a legal requirement prior to conduct of surgeries or other medical procedures by doctors/hospitals. Failure by a  doctor to obtain consent from the patient or the guardian before the conduct of an operation is a violation and is […]

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Authored by Ammu Brigit The home delivery of medicines has become a necessity especially during the when everyone is staying safe at their own homes.  Do Indian laws permit the delivery of medicine at your doorstep? Is the functioning of online pharmacies adequately regulated in India? How have various courts dealt with the regulation of […]

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The Ministry of Corporate Affairs has vide notification dated 26th May 2020 and 23rd June 2020 included the spends towards the following activities as expenditure towards CSR activities: (i) contribution to Prime Minister’s Citizen Assistance and Relief in Emergency Situations Fund (PM CARES FUND); and (ii) any amount spent for the benefit of Central Armed […]

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i. BOARD MEETINGS – BUSINESS CONTINUITY THROUGH VIDEO CONFERENCING Ministry of Corporate Affairs (MCA) had Vide notification dated 19th March 2020 waived the requirement of physical presence of directors in the board meeting, in respect of matters which required the quorum (minimum number of directors to constitute a valid meeting) to be present in one […]

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As the concerts and events are conducted virtually now in the wake of COVID-19, Indian Performing Rights Society (IPRS), the registered copyright society in India for artists proposed a  new tariff scheme applicable to public performances of  live streaming of online events of musical and literary works by way of live performances or music videos […]

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A trademark is understood in common parlance as any word or words or a logo used in relation to any trade or business that is primarily intended to indicate source from which any goods or service offerings have originated. Trademarks also help such businesses and brand owners to differentiate their products and services from other […]

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Authored by Aanchal M Nichani The Consumer Protection Act, 2019 (‘Act’) came into force on 20th July 2020 and the Act aims to provide for protection of interests of consumers by introducing an effective and timebound administration and settlement of consumer disputes. The digital era and boom in the e-commerce industry had increased the challenges […]

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Authored by Vishaka Did you know that the song “Happy Birthday to You” that is sung indispensably at every birthday party was a subject matter of copyright and was claimed to be registered and owned by Warner/Chappell music and its affiliates dating back to 1935, which received millions of dollars as copyright royalties for the […]

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Authored by Sri Vidhya Kumar Micro, Small and Medium Enterprises (“MSME”s) have always been in focus as they contribute about 29% in the GDP of India. With Government of India (“GoI”) focussing on self-reliance, the Ministry of Micro, Small and Medium Enterprises notified on 26th June 2020 (“Notification”), a comprehensive document laying down classification criteria […]

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Authored by Aanchal M Nichani Insolvency and Bankruptcy Code (Amendment) Ordinance, 2020 On 5th June, 2020, the Insolvency and Bankruptcy Code (Amendment) Ordinance was promulgated to amend the provisions of the Insolvency and Bankruptcy Code (“Code”). The rationale for the said amendment is to prevent corporate persons experiencing financial distress on account of the unprecedented […]

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The CGPDTM had issued a Public Notice dated 18th May 2020 with respect to due dates for completion of various acts/proceedings, filing of reply/document, payment of fees, etc. In the said Public Notices the CGPDTM notified that the deadlines falling between 15.03.2020 and 17.05.2020 stand extended to 01.06.2020. It is worthwhile to note that the […]

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The definition of “Drugs” under Section 3(b)(iv) of the Drugs and Cosmetics Act 1940 (“DCA”) also includes medical devices intended for internal or external use in the diagnosis, treatment, mitigation or prevention of disease or disorder in human beings or animals, as may be specified from time to time by the Central Government by the […]

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Authored by Shyamolima Sengupta & Saisunder N.V In the recent judgement of Imagine Marketing Pvt Ltd v. Exotic Mile, the plaintiffs who are  owners of the trademark “BOAT” in relation to electronic gadgets and such as earphones, headphones, speakers etc., sought permanent injunction restraining the defendants for use of their mark “BOULT” claiming it to […]

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Authored by Shyamolima Sengupta & Saisunder N.V Heraclitus, the well-known Greek philosopher rightly said that- “The only constant in life is the change”. These thoughtful words have become more relevant than ever in today’s rapidly growing markets, where consumer behavior is ever-changing, which is attributable largely to the availability of information readily on any aspect […]

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Authored by Sharadaa Letter of Undertaking (LUT) is a document submitted by the exporter in order to export goods or services without payment of taxes under the Goods and Services Tax regime. On due consideration of the difficulties faced by the exporters in submission of an LUT for exporting goods/services without payment of tax in […]

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Authored by Lakshmi Rengarajan   DISRUPTION OF OPERATIONS DUE TO COVID-19 PANDEMIC: Under the current scenario of COVID-19 pandemic and the consequent lockdown, various business organisations are facing severe impact on the performance as there is restriction on the operation of its activities. SEBI (Listing Obligation and Disclosure Requirements) Regulations, 2015 (“LODR”) requires listed companies […]

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Authored by N. Umayaparvathi With the lockdown declared across the country spread across four versions and 60 days, one question that was constantly raised was whether tenants are entitled to claim waiver/suspension of payment of rent. The Delhi High Court, in a recent judgment in Ramanand v. Dr. Girish Soni (decided on 21.05.2020), addressed the […]

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TELEMEDICINE PRACTICE GUIDELINES IN INDIA Authored by Ammu Brigit   “the delivery of health care services, where distance is a critical factor, by all health care professionals using information and communication technologies for the exchange of valid information for diagnosis, treatment and prevention of disease and injuries, research and evaluation, and for the continuing education […]

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Authored by Aneeruth Suresh & Adit N Bhuva The Government of India (“GoI”) has reviewed and amended the Foreign Direct Investment (FDI) policy to curb opportunistic takeovers/acquisitions of Indian companies, consequent to Covid-19 pandemic, and the GoI has vide Press Note No. 3 (2020 series) dated 17th April 2020 (hereinafter “PN3”) and has revised the […]

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Authored by Aanchal M. Nichani A writ petition was filed before the Hon’ble Delhi High Court by the Intellectual Property Attorneys Association (IPAA) against the Controller General of Patents, Designs and Trademark (CGPDTM) with respect to the public notice dated 04.05.2020 issued by the office of the CGPDTM in the backdrop of the nation-wide lockdown […]

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Authored by Ammu Brigit In a recent interesting judgement, the Hon’ble High Court of Madras had, in a suit for copyright infringement and permanent injunction filed by Indian Record Manufacturing Co. Ltd., (the “Plaintiff”), against a reputed reputed Indian music composer Mr. Illaiyaraja, permanently injuncted Mr. Illaiyaraja from infringing the Plaintiff’s copyrights in certain musical […]

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Authored by Vishaka. S Introduction: Be it an affordable daily-use product such as an energy drink endorsed by Indian Cricketer Virat Kohli or an expensive commodity such as gold or diamonds endorsed by top Indian actors like Amitabh Bachchan or Aishwarya Rai, people in India are largely influenced by celebrity endorsed products and its consumption […]

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Authored by Aanchal M. Nichani With the advent of social media platforms, emerged a new vocation – social media influencer, who with their following and reach on social media attempt to influence and sway a viewer/consumer towards purchasing or refraining from purchasing a product available in the market. Most brands and companies make utmost commercial […]

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Authored by Vishnu Ravi Shankar Introduction A Founder’s Agreement (“Agreement”), while not mandatory, is an essential element of a startup that is founded by more than one person. The customary entity for a startup in India is a private limited company. Co-founders come together for a variety of reasons, which include bringing together each person’s […]

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Authored by CS Priyadharshini The entire world is crippled by Covid-19 and many are grasping at straws to shorten the diagnostic time by way of rapid test diagnostics kits, ventilators and other equipment to handle the scarcity at hospitals and of course a vaccine. To confront these challenging times, many inventors are coming up with […]

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Amidst the COVID-19, Ministry of Corporate Affairs (MCA) vide its General Circulars No.14/2020 dated 08th April 2020 and No.17/2020 dated 13th April 2020 has, with respect to matters requiring approval of shareholders, requested the Companies, to obtain shareholders’ approval through postal ballot/e-voting till 30th June 2020, in order to avoid holding a general meeting which […]

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Authored by Aanchal M. Nichani The National Company Law Appellate Tribunal (‘NCLAT’) recently in the matter of Flat Buyers Association Winter Hills – 77, Gurgaon v. Umang Realtech Pvt. Ltd. (through IRP & Ors.) took a practical approach bordered on survival of the business and satisfying the interests of the stakeholders involved and introduced the […]

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The Reserve Bank of India (RBI), vide A.P. (DIR Series) Circular No. 27 dated 1st April 2020, has increased the period of realisation and repatriation of the export proceeds to India in respect of the export of goods or software or services, from 9 (nine) months to 15 (fifteen) months from the date of such […]

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Authored by: Adit N Bhuva & Sri Vidhya Kumar.   NAME OF THE SCHEME:  Companies Fresh Start Scheme 2020.   PURPOSE OF THE SCHEME:  To provide Companies with an opportunity to make good any filing related defaults, irrespective of duration of default and make a fresh start as a fully compliant company.   BENEFITS UNDER […]

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Authored by Aanchal M. Nichani On 24th March 2020, the Central Government by notification, revised the threshold limit of the amount of default for the applicability of the provisions of the Insolvency and Bankruptcy Code, 2016, from Rs. 1 Lakh to Rs. 1 crore. The said revision in the threshold has come in the wake […]

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In many of our foreign trips, we often buy some newly launched electronic or electrical products which are either not yet available/launched in our country or are offered at higher prices. While such procurements are intended for personal use or consumption, the concept of “Parallel Imports” in the context of trademark laws means the procurement […]

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While one may argue that the said Novel Corona Virus situation that has turned into a global pandemic can be treated as a force majeure event that has happened beyond the control of the contracting parties, it may be a good idea to have such pandemic and epidemic situations also defined and specifically carved out […]

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A. Extension of time for filing GST Returns: Date for filing GST returns due in the months of March, April and May 2020 have been extended and the same have been permitted to be filed by the last week of June 2020 (Staggering of dates for various states as already in place shall apply – […]

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SEBI has granted following relaxations from compliance stipulations specified under the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 (“LODR”) to the listed entities:       Frequency Due within Due Date Extended date Period of relaxation a Regulation 7(3) relating to compliance certificate on share transfer facility Half yearly 1 month of the end […]

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S.No. Category Present requirement Relaxation 1 Relaxation with respect to Directors and Meetings: a Gap between two board meetings (for unlisted companies) Presently the gap between two board meetings cannot exceed 120 days. The Ministry has provided a one-time relaxation for the gap between two board consecutive board meetings, which may extend to 180 days. […]

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A series of Public Notices have been issued by the Indian IP and Copyright office over the past few days in relation to cancellation of all hearings as under: A. Notice dated March 16, 2020, of the Trade Marks Registry:  The Indian Trade Marks Registry has notified that all trademark hearings between the period of […]

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The Controller General of Patent, Design and Trademarks has on the 25th March 2020 issued a Public Notice that all the IP Offices in India shall remain closed from the 25th March 2020. It has further extended all deadlines and due dates in respect of filing of documents in any matter that falls due during […]

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The Hon’ble Supreme Court of India by its order dated 23rd March 2020 has, in a writ petition taken suo moto cognisance of the situation arising out of the challenge faced by the country and the resultant difficulties that may be faced by litigants across the country in filing their petitions/applications/suits/ appeals/all other proceedings within […]

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Business continuity is essential even in these extra-ordinary times of Covid-19. To keep off the pandemic the essential requirement is social distancing.  To enable social distancing and still at the same time ensure continuation of business, the Ministry of Corporate Affairs (MCA) has waived the requirement of physical presence of directors in the board meeting, […]

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The Ministry of Corporate Affairs (“MCA”) has issued an advisory on preventive measures to contain the spread of COVID-19 Work from home policy To COntain the VIrus by staying InDoors, the MCA has directed companies and LLPs, to put in place an immediate plan to implement the “Work From Home” policy as a temporary measure […]

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Authors: Sri Vidhya Kumar & Lakshmi Rengarajan   Ministry of Corporate Affairs has amended Companies (Incorporation) Rules 2014 on 6th February 2020, for facilitating “Ease of Doing Business” and introduced web-based forms, SPICe+ and AGILE-PRO replacing the existing e-Form SPICe and AGILE.   AMENDMENTS IN SHORTS:   PARTICULARS BEFORE AMENDMENT AFTER AMENDMENT Reserve Unique Name […]

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Author: N.V. Saisunder   Recently, in August 2019 The Arbitration & Conciliation (Amendment) Act, 2019 (“the 2019 Amendment”), which amends the Indian Arbitration & Conciliation Act, 1996 (“the Act”), came into force. This amendment was made pursuant to the Government of India’s intention to make India a hub for domestic and international arbitration by bringing in changes […]

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Author: N.V.Saisunder   Recently the Hon’ble High Court of Delhi vide its order in December 2019, in an infringement suit filed by Ferrero S.P.A, (“Ferrero”) an Italian manufacturer of chocolates and confectioneries, declared the trademark “KINDER JOY” as a well-known trademark in India. Ferrero S.P.A filed a suit of infringement suit and passing off before […]

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Author: N.V.Saisunder   Recently in December 2019, the Delhi High Court confirmed vide its order that not all Computer Programs are hit by the bar on patenting under the provisions of Section 3 (k) of the Indian Patents Act, 1970 (the “Act”), where such computer programs demonstrate a technical effect or technical contribution. Section 3 […]

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Ministry of Corporate Affairs vide its notification dated 3rd January 2020, has modified the rules relating to secretarial audit. The audit which was applicable only to listed and unlisted companies with a threshold of Rs. 50 crores paid-up capital or Rs. 250 crores turnover, has by this amendment been modified to be applicable even for […]

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[Author: Shyamolima Sengupta]   Intellectual Propriety Rights (IP Rights) holders are under constant threat of counterfeit products in the market, which is increasing exponentially with growing technology and increase in cross-border commerce between countries. Interestingly, such counterfeit goods may not always be manufactured and circulated for trade and commerce in the domestic market but may […]

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[Author: Ms. Sharadaa C]   No fixed place of Business in India and yet wish to effect supplies of taxable goods or services from any state/union territory in India? Goods and Services Tax (GST) legislation has a remedy.   GST provides temporary registration to persons who wish to effect taxable supplies occasionally from any place […]

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[Authors Mr. Saisunder and Ms. Srividya Sundaresan] The provisions of Section 25 of the Trademarks Act, 1999 (“Act”), r/w Rules 58-61 of the Trademark Rules, 2017 (“Rules”) cast certain obligations on the registered proprietor and the Registrar of Trademarks vis-à-vis three R’s (renewal, restoration and removal) of registered trademarks. The basic principles associated with the […]

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[First published in Lexology on 3rd October 2019]

 

The National Company Law Appellate Tribunal (“NCLAT”) vide its order dated 23.09.2019 passed in the matter of Vinayaka Exports and another Vs. M/s. Colorhome Developers Pvt. Ltd., overturned the decision of the National Company Law Tribunal, Chennai Bench (“NCLT”) dismissing an application filed by two financial creditors under Insolvency and Bankruptcy Code (“Code”) owing to the pendency of a civil suit and pre-existing dispute between the parties.

FACTS:

Two financial creditors who had lent a sum of Rs. 82 million and Rs. 20 million filed an application seeking commencement of insolvency resolution process on the corporate debtor M/s. Colorhome Developers Pvt. Ltd., who had also issued two promissory notes for the aforesaid sums. The corporate debtor had also executed a mortgage deed dated 05.06.2015 in favour of one of the financial creditors.

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[First published in Lexology on 19th September 2019]

STATUTORY BACKGROUND- INTRODUCTION OF SECTION 31D IN THE COPYRIGHT ACT 1957:

Section 31D was introduced into the Indian Copyright Act, 1957 (the “Act”) in the year 2012. This Section was introduced in compliance with Article 11(2) and 134 of Berne Convention, Article 9(1) of the TRIPS Agreement and Article 15(2) of the Rome Convention (for sound recordings) and deals with statutory licensing for broadcasting of literary and musical works and sound recordings. Section 31D of the Act read with Rules 29 and 30 of the Copyright Rules 2013 enables broadcasting organisations to broadcast or perform any literary or musical works and sound recordings by issuing a prior notice of such intention to broadcast the said works and by paying royalty to the rights holder, as fixed by the Intellectual Property Appellate Board (IPAB).

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[First published in World Intellectual Property Review on 19th September 2019]

Background and recognition of “first-to-use” principle

Indian trademark law follows the “first-to-use” principle and accordingly the rights of prior user of a trademark is recognised to be superior to that of a registered proprietor and even registered proprietors cannot interfere with the rights of an unregistered prior-user. This has been re-asserted by Indian courts in several judgements from time to time.

While undoubtedly a registered proprietor in India, enjoys exclusive rights over his trademarks and such registration also affords protection against counterfeiting and infringement, however, in order to claim such exclusivity and protection, the element of “Usage” of trademarks becomes vital not only for registration but also for enforcing one’s rights over infringing marks or while defending any cancellation petition filed against a trademark for alleged non-use. This article provides an insight into the aspect of importance of trademark usage in India from a statutory and judicial perspective.

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[The article was authored by Ms. Srividhya & Ms. Nagalakshmi] A well – informed board is a key to the success of any organisation. This is achieved with a correct combination of skill, talent, and experience. This is where the independent directors play a vital role in the success of the organisation by sharing their […]

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MR. ANEERUTH SURESH SENIOR ASSOCIATE CORPORATE ADVISORY & TECHNOLOGY LAW PRACTICE MR. ESHWAR SABAPATHY MANAGING PARTNER The Government of India has notified the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 (hereinafter “New FDI Rules”), to supersede Foreign Exchange Management (Transfer of Issue of Security by a person resident outside India) Regulations, 2017 (erstwhile FEMA 20 […]

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[First published in World Intellectual Property Review on 24th May 2019. To read Article in WIPR Click here] MR. N V SAISUNDER PARTNER – IPR & TECHNOLOGY LAW PRACTICE MS. SRIVIDYA SUNDARESAN HEAD – TRADEMARK & COPYRIGHT PRACTICE BACKGROUND: Infringement of trademarks takes various forms such as counterfeits and cybersquatting. One another way of infringement […]

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[First published in World Intellectual Property Review on 4th April 2019. To read Article in WIPR click here] MR. N V SAISUNDER PARTNER – IPR & TECHNOLOGY LAW PRACTICE MS. SHYAMOLIMA SENGUPTA SENIOR ASSOCIATE – TRADEMARK & COPYRIGHT PRACTICE Scope of liability of e-commerce service providers as ‘Intermediaries’ in the context of sale of counterfeit […]

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[First published in Lexology on 28th February 2019. To read Article in Lexology click here] MS. SRI VIDHYA KUMAR HEAD – CORPORATE GOVERNANCE & COMPLIANCE MR. ESHWAR SABAPATHY MANAGING PARTNER BACKGROUND: A saying goes “Geography does not define you – love does”, but the recent Amendment issued by the Ministry of Corporate Affairs defines the […]

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[First published in Lexology on 27th June 2019. To read Article in Lexology click here] MR. N V SAISUNDER PARTNER – IPR & TECHNOLOGY LAW PRACTICE MS. SHYAMOLIMA SENGUPTA SENIOR ASSOCIATE – TRADEMARK & COPYRIGHT PRACTICE BACKGROUND: In today’s competitive world, what sets businesses apart from the rest are their novel and exceptional ideas and […]

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[First published in World Intellectual Property Review on 18th February 2019. To read Article in WIPR Click here] MR. N V SAISUNDER PARTNER – IPR & TECHNOLOGY LAW PRACTICE MS. AANCHAL M NICHANI ASSOCIATE – CORPORATE ADVISORY & INTELLECTUAL PROPERTY BACKGROUND: Trademark enforcement in every country has its complexities, and India is no different. In […]

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[First published in Lexology on 7th December 2018. To read Article in Lexology Click here] MS. SRIVIDYA SUNDARESAN HEAD – TRADEMARK & COPYRIGHT PRACTICE MS. SHYAMOLIMA SENGUPTA SENIOR ASSOCIATE – TRADEMARK & COPYRIGHT PRACTICE BACKGROUND: India acceded to the Madrid Protocol for the International Registration of Trademarks (“Madrid Protocol”) and the same came into force […]

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[First published in World Intellectual Property Review on 12th August 2019. To read Article in WIPR click here] MR. N V SAISUNDER PARTNER – IPR & TECHNOLOGY LAW PRACTICE MS. S. VISHAKA ASSOCIATE – IPR & TECHNOLOGY LAW PRACTICE PQ: “Brand owners in India have alleged that Google has, through its AdWords service, allowed third […]

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[First published in World Intellectual Property Review on 30th November 2018. To read Article in WIPR click here] MR. N V SAISUNDER PARTNER – IPR & TECHNOLOGY LAW PRACTICE MS. S. VISHAKA ASSOCIATE – IPR & TECHNOLOGY LAW PRACTICE STATUTORY AND JUDICIAL RECOGNITION OF DOCTRINE OF TRANS-BORDER REPUTATION OF TRADEMARKS VIS-À-VIS BRAND PROTECTION IN INDIA […]

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