INTELLECTUAL PROPERTY AND CORPORATE LAW UPDATES- INDIA
Are your cosmetics veg or non-veg?
Under the Indian regulatory framework, it is mandatory for the products being sold in the market to adhere to the appropriate packaging and labeling requirements, describing vital information pertaining to the constituents as well as origin and manufacturers under the provisions of the Legal Metrology Act, 2009 and the Legal Metrology (Packaged Commodities) Rules, 2011. In this article, the authors deliberate on laws pertaining to display of green and red dot on packaging of cosmetics and toiletries in India. Read Full story here.
BMW v. DMW- Delhi HC grants interim injunction in favour of BMW
In a recent case, the Hon’ble Delhi High Court granted interim injunction to auto giant BMW against use of a deceptively similar mark DMW for automobile goods, especially E-rickshaws. The authors while rendering an analysis of the case at hand also through discuss as to how acronym trademarks are vulnerable to conflict as they are awarded limited scope of protection unless uniquely coined and non-descriptive. Read Full story here.
IP due diligence in M&A deals
The valuation of Intellectual Property Rights (IPR) becomes indispensable for parties while undergoing an M&A deal and a poorly structured IP plan can be detrimental to the entities involved in an M&A deal. Therefore, it is important to draft a list of necessary cautionary reviews of certain aspects of an M&A deal that involve the IPRs owned by both the parties. The present article elaborates four major aspects of the IP due diligence that should be duly performed while entering an M&A deal. Read Full story here.
Manipur Black Rice ‘CHA-KHAO’ gets GI Tag
Joining the list of India’s famous agricultural produce to obtain a Geographical Indication (GI) is the Manipur’s famous black scented rice (GI Reg. No. 602), locally known as Cha-Khao (Oryza sativa L.), a delicacy served during communal feasts and ceremonies. Cha-Khao is characterised by its dark purple hued outer bran layer and its unique aroma due to being grown on Manipur’s territorial soil for centuries. Read Full story here.
Effect of Supreme Court’s Order extending Limitation on Right to Default Bail under Section 167(2) of Cr.P.C.
In a recent case, the Hon’ble High Court of Rajasthan rendered an analysis of the effect of Supreme Court’s order dated March 23, 2020, wherein the Apex Court extended the period of limitation under all general and special laws. The intrinsic issue that the High Court was confronted with in the case was whether the extension of period of limitation as pronounced by Supreme Court in the impugned order would be applicable on investigating agencies and investigating procedures and statutory bodies. Read full story here.
Advertisement in Insurance Sector
With a view to monitor the content of the advertisements intended to be broadcasted in respect of the insurance policies being offered for purchase, the insurers should ensure adherence to the guidelines listed down by IRDA under IRDA (Insurance Advertisements and Disclosure) Regulations, 2000 as well as the Advertisement Standards Council of India (hereinafter referred to as the ‘ASCI’). The article herein accentuates on the regulatory aspects of advertisement in the insurance sector and also consequences of the not following the stipulated guidelines by Insurance companies while broadcasting an advertisement of their services.Read Full story here.
WIPO PROOF – Digitally Signed Tamper-Proof Evidence
The World Intellectual Property Organization (WIPO) in an effort to help and motivate the creators/ innovators in their journey from concept stage to commercialization has recently launched a new online business service WIPO PROOF- which provides a tamper-proof evidence, which helps in confirming existence of any digital file at a given point of time. Read Full story here.
CUSTOM RECORDAL AND BORDER PROTECTION MEASURES IN INDIA
The IP owners in India can take steps to record their intellectual property with the Customs Authority of India for the purposes of monitoring and confiscation. Such recordal can be done under the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 alongwith Customs Act, 1962 which can act as a preventive measure on part of brand owners wherein infringing and counterfeit goods can be detected and disposed off at the border itself. Read full story here.
COVID-19 UPDATE- INDIA
FSSAI Guidelines for restaurants/ FBOs amid COVID-19
Amidst the fear of transmission of virus, the implementation of important and adequate safety norms by restaurant owners and Food Business Operators (FBOs) becomes a critical concern. To combat the risk of virus transmission through restaurant operations, food handlers, food delivery and takeaway, FSSAI has issued guidelines and safety norms to be followed by restaurant owners and FBOsRead Full story here.
RELAXATIONS BY SEBI AMID COVID- 19– RECENT UPDATES
With a view to mitigate the impact of COVID-19 pandemic, the Securities and Exchange Board of India (“SEBI”) has introduced further measures considering the COVID-19 outbreak. The various relief measures and guidelines introduced by the SEBI aims at providing relief to various stakeholders involved in listing, issue and transfer of shares and securitiesRead Full story here.
EMI Moratorium relief extended till August 31, 2020- RBI
The RBI vide its circular dated March 27, 2020 had directed all existing Banks to grant a moratorium of 3 months on payment of all instalments falling due between March 01, 2020 to May 31, 2020. In view of continued risk of the deadly contagion, the RBI vide its circular dated May 23, 2020 has now further extended the moratorium period from June 01, 2020 to August 31, 2020. Read full story here.
Mission MSME rescue- Key announcements made amid COVID-19
The Central Government on May 13, 2020 has introduced some significant relief measures for industries covered under the MSME (Micro Small and Medium Enterprises) sector. With a view to revive the MSME industries from the impact of COVID 19 lockdown, the Central government has brought into effect the required amendments. The said amendments were introduced by the Finance Minister, Ms. Nirmala Sitaraman, in a press conference held on May 13, 2020. Read Full story here.
India: Copyright Office extends Period of Limitation
The Copyright Office issued a public notice dated May 22, 2020, wherein the Hon’ble Registrar of Copyrights, Hoshiar Singh extended the period of limitation for an additional 15 days from the date of termination of lockdown, in respect of matters wherein the due date stood from March 15, 2020. Read full story here.
Is Delhi HC’s recent move on CCTV installation in restaurants an emerging privacy issue?
The Hon’ble High Court of Delhi has directed the Central Government to consider a petition seeking installation of CCTV cameras in the kitchen of all restaurants as a representation. While it is important that safety and hygiene is strictly maintained not only during these crucial times of COVID 19 but all throughout the operations of the restaurant. However, it will be interesting to see how the restaurant owners retort as the installation of the CCTV cameras in the restaurant premises and kitchen may expose their trade secrets and other confidential processes of kitchen related to the general public. Read full story here.
Digital release of movies before release in Cinemas amid COVID-19
The pandemic and subsequent closure of multiplexes and cinema halls has hugely disrupted the entertainment and film industry. Resultantly, several filmmakers have announced digital release of their movies on OTT platform, which has invited the wrath of multiplex owners and cinema theatres like INOX and PVR.Read full story here.
NCDRC to hear matters through Video Conferencing
With a view to resume functioning of the Forum, the NCDRC vide the above notice has notified that the Hon’ble Forum will begin hearing of cases via video conferencing from June 15, 2020. Read full story here.