Law updates in India during Covid- 19
- Covid, Ventilators and Patents
Apart from the threat posed by the Novel Coronavirus (COVID 19) outbreak, another challenge that the government has to deal with is to ensure critical availability of important medical equipments like ventilator. However, ventilators are currently in shortage in India. This enriching read explains how industries & innovators have come together to curb the shortage of ventilator and fight the global pandemic. They have either shared their IP rights with the world or are helping in manufacture of ventilator to save millions of life. The read further highlights the patent trends amidst the corona virus outbreak. Additionally, it talks about the role that Compulsory Licensing can play in balancing the rights of the Patentee alongside public health and interest. Read Full story here.
- Cyber Crime during Coronavirus Pandemic
The spread of the novel coronavirus across the globe has created exponential fear in the public, however health risks are not the only bane caused from this catastrophic pandemic. This article accentuates as to how this period of social distancing and misinformation coupled with the exploitation of fear amongst the general public has given rise to incidences of cyber crime. Read Full story here.
- The Rise of Corona/COVID brands around the world
In the wake of one of the deadliest viral outbreak around the world, opportunism has found its way through, even in the field of IP with various trademarks and domain names being filed and registered with respect to the novel coronavirus.
This informative read renders an in-depth analysis of trademarks, domain names and company name filings related to the novel coronavirus around the world. The article demonstrates the rising trend of filings and registrations pertaining to coronavirus and how it is a clear indication of possible growth of such filings in the future. Read Full story here.
- Rise in false and misleading advertisements amid Coronavirus outbreak
The Coronavirus outbreak has not only disrupted normal life but has also severely affected the operations of numerous businesses. It has been noted that many advertisements are promoting false and misleading claims to capitalize on this situation of crisis by exploiting the fear of the virus in general public.
The article delineates the statutory provisions governing the regulations pertaining to false and misleading advertisements in India. Read Full story here.
- COVID-19 Force Majeure, ‘Doctrine of Frustration’ in Property Lease
While a lot is being discussed world over, about the repercussions of Covid-19, the pandemic declared by the World Health Organization, with regard to global economic breakdown, income losses, recession, lay-offs etc., businesses are also worried about their running cost, consequences of termination of their existing agreements of services, lease, rent etc. Rent relief is one such aspect, which all the tenants are looking forward to, so that their business does not sink and can sail though this present global financial crisis. Therefore, the common anxiety among all the landlords and tenants is the invocation of ‘Force Majeure’ clause in the lease deeds.
Therefore, some legal issues which have cropped up in this situation are ‘Whether the tenants can take the shield of ‘Force Majeure’ clause in their lease deeds/agreements to get rent relaxation’? ‘In case the ‘Force Majeure’ clause in not there in the deed, whether the ‘Rule of Frustration’ provided under Section 56 of the Indian Contact Act (ICA) will apply’? Read full story here.
- Data Privacy Protection amidst COVID-19- Recent updates for the Employment Sector
The coronavirus pandemic has resulted in an unprecedented disruption of social and business activities around the globe. In the wake of rapid spread of this deadly contagion, corporate organizations have curated COVID-19 action plan that includes seeking information from employees relating to their travel histories, disclosure of interaction with suspected or confirmed COVID-19 positive persons etc.
The article outlines some of the data protection blind spots that are emerging from COVID-19 emergency plans and address general queries which corporate organizations may have in this regard. Read Full story here.
- Moratorium: Meaning and relief measures introduced by RBI amid COVID-19
In the wake of coronavirus outbreak and subsequent economic disruption, the Reserve Bank of India has rolled out the provision of moratorium in order to provide relief to the borrowers. The articles explains the meaning of moratorium period and also the scope and implementation of moratorium relief amid this crisis by various banks in India. Read full story here.
- COVID-19 Moratorium and declaration of Accounts as NPA
The Reserve Bank of India had vide its circular dated March 27, 2020 announced certain regulatory measures to mitigate the burden of debt servicing brought about by disruptions on account of COVID-19 pandemic.
The article herein discusses Delhi High Court’s order in the case of Shakuntla Educational Welfare Society v. Punjab & Sind Bank, wherein the Hon’ble Court restrained the Respondent Bank from declaring the loan accounts of the Petitioner as a non-performing asset. Read full story here.
- WIPO modifies time limits under PCT amid COVID-19
In view of the novel Coronavirus (COVID-19) outbreak worldwide, the International Bureau of the World Intellectual Property Organization (WIPO) has taken necessary steps to ease the usual procedures in these unusual times. On April 09, 2020 the International Bureau has insisted all PCT (Patent Cooperation Treaty) offices and authorities to apply Rule 82quater.1 of the Regulations.
The article enumerates the important recommendations made by the WIPO in meeting time limits under the PCT and also throw light on the meaning of Rule 82quater regulations. Read full story here.
- Foreign Filing License Advisory to IP Stakeholders during COVID-19
In view of the coronavirus pandemic and subsequent lockdown upto May 03, 2020, the Office of the CGPDTM has notified that all offices under its administrative control will not be physically accessible till May 03, 2020.
This article deliberates on the significance of foreign filing license amid COVID-19. Under foreign filing license, the Indian Patent Office waives of the mandatory requirement of filing a patent application in India, thereby allowing Indian residents to directly file a patent application outside India for an invention. Read full story here.
- Supply of non-essential items through e-commerce prohibited: MHA revises guidelines
In furtherance to the earlier notification dated April 15, 2020, the Ministry of Home Affairs (MHA) has issued a new order regarding supply of non-essential goods by the e-commerce companies. Under the new revised guidelines dated April 19, 2020, the MHA has now clarified that the operations of the e-commerce companies for supply of non-essential goods continues to be prohibited.Read full story here.
- WHO Safety Advisory: Tips & Tricks for Restaurants to Operate Amid COVID-19
On April 16, 2020, a food delivery chain confirmed that one of its delivery riders in Delhi had been tested positive for COVID 19. This news opened a can of worms for the food delivery businesses in India and instilled a sense of fear in the minds of the consumers who believe in the safety measures and undertakings of food delivery businesses amidst this viral outbreak.
One away of looking at it can be in contravention to the World Health Organization’s (WHO) safety practices. This contravention would happen if the delivery company had allowed the infected person to work even after he showed slightest symptoms of infection. In such a scenario, if the company is found to have not complied with the safety instructions issued by an authority like those of social distancing and isolation on display of any of the symptoms, it can attract multiple liabilities, both civil and criminal.
The article accentuates the kind of liabilities for which the employer in such cases may be held liable and also enumerates the WHO recommended measures which can help the employers from avoiding any such liability. Read full story here.
- Telemedicine Guidelines introduced amid COVID-19- a big boost for healthtech start-ups
The Ministry of Health and Family Welfare of the Government of India, recently published the Telemedicine Practice Guidelines. The Guidelines increases timely access to appropriate interventions including faster access and access to services that may not otherwise be available during these troubled times.
The article outlines the essential elements of the guidelines and also pen down as to how the guidelines will enable rendering of medical services amidst this crisis and the need to maintain social distancing. The authors also highlight as to how the Telemedicine guidelines will boost the emerging sector of healthtech start-ups in India. Read full story here.
- GOVERNMENT SUPPORT SCHEMES TO FIGHT COVID-19 – ACROSS THE GLOBE
The influence of COVID-19 on employees, employers and businesses is persistently evolving – from supply chain disruption to order cancellations; from sick pay calculation to changing tax and accounting deadlines. A list of the latest schemes implemented by various Countries (as on April 15, 2020) around the globe has been enumerated in this article.
*Please note, that the following is not an exhaustive list, however, attempts to cover most of the schemes related to Economy, employment and businesses have been made. Read full story here.
- SC clarifies- Free testing of COVID-19 by private labs for economically weaker section only
The Hon’ble Supreme Court, in the case of Shashank Deo Sudhi v. Union of India vide its order dated April 08, 2020 had directed the Supreme Court to issue directions to private laboratories to conduct the COVID 19 test on a free of cost basis. However, the Supreme Court on April 13, 2020 vide its order in the said case has now clarified that its April 08, 2020 order for free testing in private Labs of COVID-19 was for economically weaker sections only. Read full story here.
- Rise of Counterfeit PPE in India amid COVID-19
With the coronavirus pandemic (COVID-19) affecting the world at an alarming pace, the menace of counterfeiting appears to be proliferating rapidly, especially with regard to Personal Protective Equipment (PPE). Such counterfeit/ substandard products at a time of crisis can pose a major risk to the health and safety of our frontline healthcare workers and also to the public at large.
The article deliberates on the rising incidences of availability of counterfeit Personal Protective Equipment amidst the World Health Organization declaring a global shortage of PPEs. They also pen down the measures and imperatives to resolve the menace of counterfeit PPEs in the market. Read full story here.
- TEMPORARY RELAXATIONS FOR CORPORATES AMID COVID-19
The global pandemic outbreak of coronavirus has become an unprecedented event that has led to unexpected restrictions on the citizens individually, as well as on the corporates collectively across the globe. In order to control its spread, various governments around the world, including the Government of India (“GoI”) has directed all establishments, except organisations providing for essential goods and services, to temporarily shut-down their physical offices.
The employees are working remotely, but due to certain difficulties that can be possibly faced in coordination and lack of’ office facilities, the companies are likely to face more difficulties in undertaking timely compliances of various applicable regulations. Having said so, the Government of India has temporarily relaxed a number of compliances and requirements for the corporate sector. Please find herein an analysis of some of the major relaxations from securities and companies law outlook. Read full story here.
- Sanitizer business and its regulatory framework amidst COVID 19
As the virus can be transferred through human contact, almost all countries including the World Health Organisation (hereinafter referred to as ‘WHO’) is strictly recommending the use of face masks and hand rub sanitizers, along with social distancing, as a measure to curb the virus contamination. Prior to the outbreak, India was a dormant market for hand sanitizers. However, the outset of the pandemic has resulted in an overwhelming, nationwide demand for hand sanitizers. While many businesses are struggling to survive, the sanitizer business is one of the few to have thrived during these difficult times. The frantic expansion of sanitizer market has attracted many entrepreneurs towards its development. The article provides regulatory framework governing licensing, sale and manufacture of hand sanitizers in India. Read full story here.
- INDIA: RECENT STATE WISE UPDATES – COVID-19
The Government, at every level, whether the State or the Centre, is continuing to grapple with the COVID-19 outbreak in the Country. One of the decisions taken by the Government in order to prevent and contain the pandemic has been the extension of the lockdown. Further, the State governments have also issued various notifications and advisories for the businesses, employers and the employees.
The article outlines the state wise updates of notifications and advisories issued by the Ministries. Read full story here.
- M&A IN TIMES OF COVID-19: CONSIDERATIONS, NAVIGATING RISKS AND UNDERSTANDING THE CHANGE IN DYNAMICS
The COVID-19 outbreak and the efforts and steps being taken around the globe to contain it’s spread, has undoubtedly resulted in dramatic business disruptions and economic turmoil, raising various new considerations for parties participating in either proposed or pending Merger & Acquisition transactions, and for public companies assessing their vulnerability.
The article pens down key M&A topics to be considered in the wake of COVID-19 pandemic and its potential impact on such transactions. Read full story here.
The whole outbreak of coronavirus in India and worldwide has been distressful and difficult for one and all. However, in order to keep up the spirits of its employees, the HR department of SSRANA from the very first day of WFH started the activity of WFH Diaries, wherein employees were encouraged to share glimpses defining them, their hobbies, kids, pets and also culinary skills. Have a glimpse below!!
Amidst the lockdown, the young minds are currently trying out new things and learning new ways of living life. As a result, the creative minds right now are overflowing with ideas. To tap on the potential creativity, the firm through our CSR initiative, IP4Kids brought back Script it! 9th Annual Essay Writing Competition to celebrate the World Intellectual Property Day on April 26, 2020.
Through the competition we are trying to bring an opportunity to young minds who wish to express their vision and pen down their thoughts regarding various global issues prevalent in the present times. The theme for this year as chosen by the World Intellectual Property Organisation is Innovate for a green future. The competition was held totally in a digital mode, wherein the entries were accepted through an online portal created by the firm and the results were also announced through the website. The Certificates have also been issued by the organizing committee digitally only.
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