GRAFFITI #1

A. EXTENSION OF RELAXATIONS GIVEN PURSUANT TO COVID-19 PANDEMIC:

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 place. This relaxation was available till 30th June 2020.

MCA had Vide notification dated 23rd June 2020 extended Read More

B. ADDITONAL CATEGORIES BROUGHT WITHIN THE AMBIT OF CSR ACTIVITIES:

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 Police Forces (CAPF) and Central Para Military Forces (CPMF) veterans and their dependents including widows.

GRAFFITI #2

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 related to consumer protection and disputes which were not covered in the 30-year-old Consumer Protection Act, 1986. Thus, the said Act is a welcome, much needed and comprehensive move and approach by the Department of Consumer Affairs, which aims at addressing such difficulties.

Salient features of the Act: Read More

GRAFFITI #3

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 persons and business owners.

However, over the years the concept of branding has constantly evolved owing to changing consumer choices and ease of availability of competitive products and services, which has led to brand owners innovating and infusing fresh thoughts in their branding to keep consumers engaged. This has consequentially also led to brand owners become very conscious about protection of their novel branding ideas to create exclusivity in their favour in respect of such trademarks. Brand and trademark owners have constantly tested the law relating to trademarks in seeking legal protection of these novel and unconventional trademarks and have over the years been successful in securing such protection. The trademark law has also evolved over the years to accommodate such brand and trademark protection strategies adopted by trademark proprietors.

The Trademarks Act, 1999 (the “Act”) defines the word trademark as Read More

GRAFFITI #4

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 same. It was later in the 2013 that the issue was challenged and finally decided by the American courts in 2016 and the song came to public domain. Copyright vests even in the architecture of buildings at common places of public attraction and any photography of such buildings by a common passer-by or a tourist, attracts the Read More

GRAFFITI #5

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 and disc jockey earlier this month. According to this new tariff schemes by IPRS, any free, advertisement supported or ticketed events without sponsor and any sponsored or ticketed event with sponsor were to be charged Rs.20000/- and Rs.60000/- respectively for each event with duration of up to 2 hours. The tariff scheme further lays Read More

GRAFFITI #6

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 and form & procedure for Read More