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Authored by Padma Akila Recent growth in the startup sector, with the local modern ventures going overseas, the government through the Department for Promotion of Industry and Internal Trade (DPIIT), had made startup friendly amendments to the various intellectual property rules. In our previous articles we had summarized the amendments featuring provisions and rules for […]

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Authored by Padma Akila In our earlier article we had summarised the decision of the AO in the WhatsApp leak case wherein the financial results of companies like Bata India Limited, Asian Paints Limited, Mindtree Limited & Wipro Limited among others were forwarded through WhatsApp by certain individuals (“Noticees/Appellants”) employed in stock broking companies, who […]

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Authored by Aishwarya Lakshmi V.M SEBI at its action-packed Board Meeting held on 25th March 2021 approved several changes to the securities law regime in India. One of the crucial regulations within the domain of SEBI is the SEBI (Listing Obligation and Disclosure Requirement) Regulations, 2015 [hereinafter, LODR]. With a view to maintain consistency throughout […]

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Authored by Aishwarya Lakshmi V.M In our earlier article on the consultation paper circulated by SEBI for re-classification of promoters, we had outlined the changes that SEBI had proposed in it. At its action-packed Board Meeting held on 25th March 2021, the mater relating to this was tabled, and SEBI has approved certain amendments based […]

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Authored by Praveen Pandian Earlier in December 2020, SEBI had issued a consultation paper regarding Risk Management Committee which we had summarized here. SEBI at its Board Meeting dated 25th March 2021 approved the following amendments to SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 in relation to applicability, constitution and role of the Risk […]

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Authored by Aishwarya Lakshmi V.M Background: As per Regulation 24A of SEBI (LODR) Regulations, 2015, every listed entity and its material unlisted subsidiaries shall undertake secretarial audit and annex with its annual report, a secretarial audit report given by a company secretary in practice. As per SEBI Circular No.CIR/CFD/CMD1/27/2019 dated February 08th 2019, the annual […]

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Authored by Adit Bhuva The Securities and Exchange Board of India (“SEBI”) has at its board meeting held on 25th March 2021, decided to introduce new requirements for sustainability reporting by listed companies, to be called the Business Responsibility and Sustainability Report (“BRSR”), replacing the existing Business Responsibility Report (“BRR”). The BRSR shall be applicable […]

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Authored by Padma Akila Registrations of trademarks as a series have recently gathered momentum and are fairly new to the trademark game. Series trademarks are believed to have potential to offer next level of protection to powerful Industries and brands. A trademark owner may use a variety of marks with a common prefix, suffix or […]

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Authored by Padma Akila In a recent interim order passed on the 9th March 2021, in the matter of Sanjay Soya Private Limited V Narayani Trading Company, the Hon’ble High Court of Bombay held that registration of a copyright is not mandatory for the purposes of filing an infringement action under the Copyright Act, 1957. […]

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Authored by Praveen Pandian Brief Background on Annual Return under Companies Act, 2013: An annual return is a yearly return to be filed by all the companies with the Registrar of Companies, certifying the compliances with the provisions of companies act and in which the companies are required to make detailed disclosures such as details […]

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Authored by Padma Akila Registrations of trademarks as a series have recently gathered momentum and are fairly new to the trademark game. Series trademarks are believed to have potential to offer next level of protection to powerful Industries and brands. A trademark owner may use a variety of marks with a common prefix, suffix or […]

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Authored by Aishwarya Lakshmi VM In the matter of: Thomas Cook (India) Limited Date of the order: 11.02.2021. Provisions involved (a) Regulation 28 of SEBI (Buy Back of Securities) Regulations, 2018.[i] (b) Regulation 24(i)(d) of SEBI (Buy Back of Securities) Regulations, 2018.[ii] (c) Regulation 5(ii) of SEBI (Buy Back of Securities) Regulations, 2018.[iii] (d) Sections […]

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Authored by Praveen Pandian Applicant: KCP Limited. Date of the Guidance: 08.02.2021. Factual Background: 1. KCP Limited (hereinafter referred to as Applicant) is a Public Limited Company, whose equity shares are listed on National Stock Exchange and permitted to trade on BSE Ltd. 2. Jeypore Sugar Co Limited (hereinafter referred to as JSCL) (now in […]

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Authored by Padma Akila. Date(s) of Order: 3rd February 2021 Purported contravention committed: Noticees were involved in trading by Associate Company in shares of Future Retail Limited (“FRL/Company”) on the basis of Unpublished Price Sensitive Information (“UPSI”) before the demerger decision of certain businesses of the company was made public [“Transaction”]. Person charged and who […]

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Authored by Aishwarya Lakshmi VM Date of Order: 12th February 2021. Forum: Hon’ble Kerala Court. Purported contravention committed: a) Provisions applicable to issue of debentures to more than 50 persons not complied with; b) Chartered Accountant(s) (not registered with SEBI) were appointed as the Debenture Trustee in respect of the debentures issued by an NBFC. […]

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Authored by Ammu Brigit We all recognise cosmetics as any products used on or applied to human body with the intention of personal care and beautification. The manufacture, distribution and import of cosmetics in India is governed by Drugs and Cosmetics Act 1940(DCA). The Ministry of Health and Family Welfare (MoHFW) has notified the Cosmetics […]

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Authored Padma Akila The Ministry of Commerce and Industry on February 09, 2021 has published the Draft Patents (Amendment) Rules, 2021 to amend the Patents Rules, 2003, for public opinion. The draft rules seek to place educational institutions established by an act of parliament or state legislature, government owned educational institutions and government aided educational institutions [those […]

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Authored by Praveen & Adit Import Export Code (IEC) Import Export Code (IEC) is mandatory for export/import from/to India. DGFT issues Import Export Code in electronic form (e-IEC). Amendment: 1. An IEC holder has to ensure that details in its IEC are updated / confirmed (if there are no changes) electronically every year, between April […]

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Authored by Praveen & Adit The Ministry of Corporate Affairs, vide its notification dated 19th February 2021, has specified the following classes of companies which shall not be considered as listed companies for the purpose of Companies Act, 2013. (a) The public companies which have not listed their equity shares on a recognized stock exchange […]

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Authored by Praveen & Adit (A)  REQUIREMENT OF MANDATORY CONVERSION OF ONE PERSON COMPANY (“OPC”) TO PRIVATE COMPANY DONE AWAY WITH Background of One Person Company (“OPC”): Under erstwhile Companies Act, 1956, to incorporate a private limited company, at least 2 shareholders and 2 directors are required. The Irani Committee, which was set up by […]

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Authored by Praveen & Adit Brief background: The Ministry of Corporate Affairs (‘MCA”), had in Companies Act, 2013 (“ the Act”), recognised that certain companies below a specified threshold of paid-up capital and turnover, be considered as small companies and exempted or provided relaxation to such small companies from certain requirements under the Act. The […]

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The Ministry of Corporate Affairs, vide its notification dated 19th February 2021, has specified the following classes of companies which shall not be considered as listed companies for the purpose of Companies Act, 2013. (a) The public companies which have not listed their equity shares on a recognized stock exchange but have listed their: (i) […]

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Authored by Praveen & Adit (A)  REQUIREMENT OF MANDATORY CONVERSION OF ONE PERSON COMPANY (“OPC”) TO PRIVATE COMPANY DONE AWAY WITH Background of One Person Company (“OPC”): Under erstwhile Companies Act, 1956, to incorporate a private limited company, at least 2 shareholders and 2 directors are required. The Irani Committee, which was set up by […]

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Authored by Praveen & Adit Brief background: The Ministry of Corporate Affairs (‘MCA”), had in Companies Act, 2013 (“ the Act”), recognised that certain companies below a specified threshold of paid-up capital and turnover, be considered as small companies and exempted or provided relaxation to such small companies from certain requirements under the Act. The […]

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Authored by Lakshmi Rengarajan SEBI had vide circular SEBI/HO/CFD/DIL2/CIR/P/2020/78 dated 06th May 2020 had provided relaxations pertaining to opening of rights issue under SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018 till 31st December 2020. In this regard SEBI has vide circular SEBI/HO/CFD/DIL1/CIR/P/20 dated January 19, 2021 further provided extension till 31st March 2021 […]

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Authored by Lakshmi Rengarajan SEBI vide the circular SEBI/HO/CFD/CMD 2/CIR/P/2021/11 dated 15th January 2021, has extended the relaxations provided to listed companies in relation to sending of annual report in physical form and appointment of proxies in relation to Annual General Meeting(“AGM”) till 31st December 2021. Pursuant to Covid and the relaxations provided by the […]

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Authored by Padma Akila In our earlier article, we had written about the Consultation Paper of SEBI proposing disclosure requirements about the approved resolution plans in respect of listed companies that are admitted for corporate insolvency resolution process under the Insolvency & Bankruptcy Code, 2016 and also proposing certain minimum public shareholding in such companies. […]

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Authored by Aishwarya Lakshmi VM Applicant: Manaksia Aluminium Company Limited. Date of the guidance: 19.09.2020 Factual Background: (i) The Applicant is a listed entity with a board composition of 8 directors of which there is 1 Managing Director (promoter) and 1 Executive Director (non-promoter). All the others are Non-Executive Directors. The Managing Director (hereinafter, MD) and the […]

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Authored by Padma Akila Date(s) of Order: 11th December 2020 Purported contravention committed: Promoters of the Company sold more than 25000 shares and failed to make requisite disclosures in terms of regulation 13(4A) of SEBI (PIT) Regulations,1992 r/w 13(5) of SEBI (PIT) Regulations,1992 r/w Regulation 12 of the SEBI (PIT) Regulations, 2015. Persons charged and […]

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Authored by Aishwarya Lakshmi VM In the matter of: CNBC Awaaz ‘Stock 20-20’ Show co-hosted by Mr. Hemant Ghai Date of the interim order: 13.01.2021 Provisions invoked (a) Sections 11(1),[i] 11(4),[ii] and 11D[iii] of the Securities Exchange Board of India Act, 1992. (b) Regulation 3(c), 3(d)[iv] and 4(1)[v] of SEBI (Prohibition of Fraudulent and Unfair Trade […]

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Authored by Padma Akila The Madras High Court on 7th December 2020 passed an interim injunction order in favour of Naidu Hall Family Store, the Plaintiff, restraining the Defendant from infringing the mark “Naidu Hall” belonging to the Plaintiff. The Court opined that the Plaintiff is a well-known and reputed partnership firm, which was founded […]

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Authored by Padma Akila On 18th October 2019, the Department for Promotion of Industry and Internal Trade (DPIIT) of the Ministry of Commerce, had, wide a notification, published the draft amendment to Design Rules, 2001, inviting objections and suggestions from the public. In furtherance to the same, the Central Government, vide notification dated 25th January […]

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Authored by Adit N Bhuva & Sri Vidhya Kumar The Ministry of Corporate Affairs (“MCA”), had on 5th May 2020, allowed  companies to conduct their Annual General Meetings (“AGM”) by way of Video Conferencing (“VC”) till 31st December 2020. The procedure for conducting the general meetings by VC can be accessed in the following link […]

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Authored by Adit N Bhuva & Sri Vidhya Kumar Brief background: The Ministry of Corporate Affairs, had on 30th March 2020, introduced Companies Fresh Start Scheme 2020, 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. […]

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Authored by Aishwarya Lakshmi VM Regulation 11 of SEBI (SAST) Regulations, 2011 [hereinafter, SAST Regulations], empowers SEBI to grant specific exemptions from the requirement of making an open offer, if the same gets triggered under Regulations 3, 4 and 5 of SAST Regulations. Here we present an analysis of the exemptions that were granted by […]

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Authored by Vignesh Kumar Date(s) of Order  27th November 2020 Purported contravention committed Delay in disclosure with respect to disposal of shares. Provision breached Regulation 7(2)(a) of the Securities and Exchange Board of India (Prohibition of Insider Trading) Regulations, 2015 Person charged and their designation Mr. P. Selvamani – Executive Vice President- Legal – Equitas […]

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Authored by Padma Akila Date(s) of Order  11th December 2020 Purported contravention committed Noticee bought Futures of the Company hours before announcement of PSI, and charged for violation of Reg 4(1) of PIT Regulations, 2015; (ii) Non-obtaining of pre-clearance of the trade and was charged with violation of Clause 6 of the Minimum Standards for […]

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Authored by Aneeruth Suresh & K. Ramasubramanian  Introduction Compounding is a process to facilitate those who have not complied with the provisions of Foreign Exchange Management Act, 1999 and the rules/ regulations/ notification/ orders/ directions/ circulars issued thereunder (“FEMA”/ “Act”). When the provisions of FEMA are not complied with by the person using foreign exchange, […]

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Authored by Deepika Venkataraman The needs and wants of consumers are constantly changing and this plays a pivotal role in creating new products and services. All these changes spell opportunity for various business entrepreneurs thereby giving room to new business ideas. It is inevitable that with the advent of new emerging businesses, laws also needs […]

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Authored by Padma Akila The Intellectual Property Appellate Board (IPAB) has stayed the operation of registration of ‘N95’ as trademark. The IPAB while considering a Rectification application filed by SASSOON FAB International Pvt. Ltd., (“Sassoon” / “Company”) held that N95 is a generic term in the mask industry and the same cannot be registered or […]

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Authored by Padma Akila India bowls its first ball to become a global player by signing a MOU on intellectual property cooperation with the USA on 2nd December 2020. The MOU was signed between the Commerce Ministry’s Department for Promotion of Industry and Internal Trade (DPIIT) and the United States Patent and Trademark Office (USPTO), […]

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Authored by Adit N Bhuva Brief background on data bank of independent directors: The Ministry of Corporate Affairs (“Ministry”) had with effect from 1st December 2019, for the following category of persons, introduced the requirement of registering with the Institute Indian Institute of Corporate Affairs at Manesar (“Institute”) for the purpose of inclusion of their […]

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Authored by Adit N Bhuva The Ministry of Corporate Affairs has on 17th December 2020, extended the time from which the Companies (Auditor’s Report) Order, 2020 (hereinafter referred to as “CARO 2020” or “Order”) will be applicable. After this extension, CARO 2020 will be effective from the financial year 1st April 2021-2022 onwards. This means […]

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Authored by Padma Akila On 17th December 2020, the Copyright office (CO) released a Public Notice, wherein it has introduced a new e-filing facility for registration of changes in particulars of copyright entered in the register of copyrights through form XV. The CO in its notice has stated that in its endeavour to enhance transparency […]

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Authored by Lakshmi Rengarajan SEBI had issued a circular stating the cut-off date of re-lodgment of transfer as 31st March 2021 beyond which all the transfer of shares will be made in demat mode. In this regard, SEBI has issued the following set of operational guidelines for crediting the transferred shares into the demat account of the […]

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Authored by Padma Akila R Date of Order  12th November 2020 Grievance based on which Appeal was filed The Appellants’ demat accounts were frozen by Central Depository Services (India) Ltd. on the instructions given by BSE for non-compliance of Reg. 33 of the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 (“LODR Regulations”) by the […]

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Authored by Aishwarya Lakshmi VM On 23rd November 2020, the Securities Exchange Board of India [SEBI] issued a consultation paper on “The reclassification of promoter/promoter group entities and disclosure of the promoter group entities in the shareholding pattern” inviting comments on the proposed amendment to the policy framework from stakeholders on or before 24th December, 2020. […]

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Authored by Ammu Brigit Under the Drugs and Cosmetics Act 1940 (DCA) and Drugs and Cosmetics Rules 1945 (DCR), the Central Drug Laboratory (CDL) is designated with the responsibility of analysing and testing the samples of drugs as sent to it, and to carry out other functions entrusted to it by the Central Government or […]

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Authored by Lakshmi Rengarajan SEBI vide circular dated November 3, 2020, amended its previous circular dated March 10, 2017, updating the information that is required to be submitted by listed entities to the stock exchange, before submitting the scheme of arrangement to National Company Law Tribunal (“NCLT”). In this article, we consolidate the two circulars […]

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Authored by Aishwarya Lakshmi VM The Securities Exchange Board of India (SEBI) has issued a consultation paper soliciting public comments on or before 10th December 2020, towards the proposed amendments in SEBI (Listing Obligation and Disclosure Requirement) Regulations, 2015 (“SEBI LODR”) regarding the applicability and role of Risk Management Committee. Though the Amendments made pursuant […]

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Authored by Deepika & Priyadharshini In Pursuance of the Patent (Amendment) Rules 2020 (Revised Rules 2020), the provisions with respect to Priority document and Statement of working were amended and our newsletter on the same can be accessed here: http://eshwars.com/blog/the-department-for-promotion-of-industry-and-internal-trade-dpiit-amends-the-patent-rules-2002/ In furtherance to the revised rules 2020, wide Notification No. G.S.R. 689(E) dated November 4, […]

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Authored by Ammu Brigit On 6th July 2020, the National Consumer Disputes Redressal Commission (NCRDC) in Vinod Khanna vs. R.G Stone Urology and Laparoscopy Hospital & Ors (NCRDC Order), pronounced that obtaining consent in a pre-printed consent form is an unfair trade practice. Our article on analysing this NCRDC Order can be read at http://eshwars.com/blog/use-of-pre-printed-consent-forms-by-hospitals-and-doctors-time-to-relook/.  […]

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Authored by Ammu Brigit The Insurance Regulatory and Development Authority of India (IRDAI) released few guidelines and circulars in relation to health insurance with the intention to bring in uniformity in the health insurance industry and to include certain illness within the cover of health insurance. Time limit for settlement of insurance claims IRDAI released […]

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Authored by Vignesh Kumar INTRODUCTION: The Securities and Exchange Board of India (hereinafter “SEBI”) vide order dated 23rd October 2020 debarred Birla Pacific Medspa Ltd. (hereinafter “the Company”), its Directors and key managerial personnel (hereinafter collectively referred to as “the Noticees”) from accessing the securities market and dealing in securities directly or indirectly for a […]

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Authored by Aishwarya Lakshmi VM Applicant: Redington (India) Ltd. Date of the guidance: 22.10.2020 Factual Background: i. The Applicant has 57 overseas subsidiaries, of which 2 are wholly owned subsidiaries (WOS) and the remaining 55 are step-down subsidiaries. Few step-down subsidiaries are not required to get annual financial statements audited and some subsidiaries / step-down subsidiaries […]

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Authored by Padma Akila R Date(s) of Order  20th October 2020 Purported contravention committed 1.     Promoters and directors of Kirloskar Brothers Limited (“KBL”) had traded in the scrip of KBL while in possession of unpublished price sensitive information (“UPSI”) and got wrongfully benefitted by avoidance of losses 2.      Promoters and directors of KBL had submitted […]

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Authored by Aishwarya Lakshmi VM Applicant: KP Capital Advisors Pvt. Ltd. Date of the guidance: 19.08.2020 Factual Background  (i) The Applicant is a Category I Merchant Banker and thus an ‘Intermediary’ within S.12 of the SEBI Act, 1992. (ii) Under the Applicant’s Code of Conduct pursuant to the SEBI (Prohibition of Insider Trading) Regulations, 2015, the […]

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Authored by Lakshmi Rengarajan SEBI had issued the Frequently Asked Questions (“FAQs”) on SEBI (Prevention of Insider Trading) Regulations, 2015 (“PIT Regulations”) on 08th October 2020. The FAQs provide the following clarifications on various aspects under PIT Regulations. 1. No Pre clearance required for excise of employee stock options It is clarified that the issue […]

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Authored by Aishwarya Lakshmi VM & Padma Akila R Forum Madurai Bench of the Hon’ble Madras High Court, Order passed by Hon’ble Justice G. R. Swaminathan. Purported contravention committed Credit Rating Agencies downgrading client’s rating while disregarding the Covid-19 relaxation norms provided by SEBI and RBI. Persons against whom the petition was filed Union of […]

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Authored by Lakshmi Rengarajan The High Court of Madras passed an order dated 09th October 2020, setting aside the order (‘Impugned Order’) passed by the Single Bench dismissing the writs that were filed to quash the respective disqualification by the Registrar of Companies (‘ROC’) vide list uploaded by ROC on 17.12.2018 and for consequential reactivation […]

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Authored by N V Saisunder The IPAB has, vide its recent decision on 25th August 2020, directed the Registrar of Trademarks to publish that “NOKIA” is a well-known trademark in India. The said order was passed by the IPAB in an appeal filed by Nokia Corporation arising out of an order dated 27th March 2017 […]

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Authored by N V Saisunder The Department for Promotion of Industry and Internal Trade (DPIIT) of the Ministry of Commerce and Industry, vide notification dated 19th October 2020, has amended certain rules under the original Patent rules 2003, pursuant to the Patents (Amendment) Rules, 2020.(“New Rules”). The New Rules have been brought into force by […]

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Authored by Lakshmi Rengarajan Promoters, directors and designated employees (“Identified Persons”) of a Listed Company (“Company”) are [under SEBI (Prohibition of Insider Trading) Regulations, 2015,] required to disclose (to the Company) their trading in the Company’s share, if the aggregate traded value exceeds Rs. 10 Lakhs in a calendar quarter (“Transaction”), within two days of […]

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Authored by Vignesh Kumar & Padma Akila Date(s) of Order  29th May 2020, 4th June 2020, 15th June 2020 & 16th June 2020 Purported contravention committed Leak of Unpublished Price Sensitive Information (“UPSI”) through electronic medium viz; WhatsApp. Persons charged and who are they Individuals employed in stock broking companies viz; Ms. Shruti Vishal Vora, […]

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Authored by Aishwarya Lakshmi VM Applicant: Raghav Commercial Ltd. Date of the guidance:  04.06.2020 Factual Background 1. HEG Ltd. [Company] has its equity shares listed in BSE and NSE. There are around 23 promoters, comprising of both individuals and non-individuals, in the company. 2. Certain Non-individual Promoters of the Applicant intend to carry out inter-se […]

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Authored by Aishwarya Lakshmi VM In the matter of: TRADING ACTIVITIES OF PANKAJ J. SHAH HUF AND CONNECTED ENTITIES IN THE SCRIPS OF       i.         L&T FINANCE HOLDINGS LTD.,      ii.         TREE HOUSE EDUCATION LTD. AND    iii.         FUTURE VENTURES INDIA LTD. Date of the order: 31stAugust, 2020. Provisions invoked (a) Sections 12A (a), (b) […]

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Authored by Ammu Brigit Introduction: Section 31D, which was introduced into the Indian Copyright Act, 1957 (the “Act”) in the year 2012, deals with statutory licensing for broadcasting of literary and musical works and sound recordings. Section 31D has recently been in news in the context of broadcasting of sound recordings and musical works over […]

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NAME OF THE SCHEME:  Limited Liability Partnership (LLP) Settlement Scheme 2020. PURPOSE OF THE SCHEME: a. To provide LLPs with an opportunity to make good the default by filing of pending documents. b. To reduce the burden of LLPs c. To promote ease of doing business, and to act as a compliant LLP in the […]

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The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, has recently notified the Geographical Indications of Goods (Registration and Protection) (Amendment) Rules, 2020 (“GI Rules”), which came into force on 26th August, 2020. The primary focus of the amendments are in relation to the simplification of procedures regarding the registration […]

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On 22nd September 2020, Intellectual Property Appellate Board(IPAB) released a public notice, which can be accessed on https://copyright.gov.in/Documents/PublicNotice43_1.pdf   wherein IPAB informed all the stakeholders its intention to fix the royalties for broadcasting of the sound recordings through radio and has invited suggestion for the same within 30 thirty days of the publication of the said […]

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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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