Annual Newsletter 2024

Annual Newsletter- SSRANA’s Yearly Round up 2024

As Robert Frost wrote, “But I have promises to keep, and miles to go before I sleep”. As the year 2025 sets in, this line serves as a reminder of both the journey behind us and the road ahead us. Like every year we find ourselves at a familiar juncture: the point where we pause, reflect and look back on the challenges we have overcome, the successes and joy we have celebrated and the lessons we have learned.

On the global stage, this year has been filled with remarkable moments for India, right from the spectacular performance at the Paris Olympics 2024 to commendable rankings in the Global Innovation Index, 2024. These global achievements, reflect a nation that not only pushes itself to strive better, but also whispers promises to the dreams of billions of young minds paving way for a better future.

But 2024 wasn’t just about making bold headlines in the global platform. As the world re-embraced physical connections, overcome challenges, S.S. Rana & Co., not only navigated through new professional landscape but also left a global footprint by attending and presenting at international summits/conferences and re-united with old and new colleagues across the globe.

We represent herein below, glimpses from our year-round journey which showcases our triumphs, accolades, engagements, deals, celebrations.

Conferences and Seminars

Book releases in 2024!

Awards and Achievements in 2024!

Thought Leadership

Important IPR Updates of 2024

Hon’ble Delhi High Court issues direction for seamless Video Conferencing Hearing!

Technology steps in when efforts by mankind take a back seat. Ever since the world grappled with the COVID-19 pandemic, there has been a paradigm shift in the way things used to function traditionally. Similarly, the Indian Courts transitioned from the hustling and bustling court proceedings echoing with arguments to Online Video Conferencing Hearings. While the Courts have embraced the online mode and are conducting Video Conferencing hearings, the Hon’ble Acting Chief Justice Mr. Manmohan of the Hon’ble Delhi High Court vide order dated May 20, 2024 has issued an order for enabling seamless Video Conferencing Hearings during the court proceedings. https://ssrana.in/articles/honble-delhi-high-court-issues-direction-for-seamless-video-conferencing-hearing/

Myanmar Patent Law came into Force on MAY 31, 2021

Myanmar has joined the league of countries with established intellectual property frameworks. Myanmar’s Patent Act, namely 2019 Pyidaungsu Hluttaw Law No. 7, was issued enacted on March 11, 2019 has come into effect from May 31, 2024. Myanmar’s legislative approval of its Patent Law has paved the way for establishment of a structured system for the protection of patent inventions. This law has replaced the earlier practice of recording patents as Declaration of Ownership (DOO) and has aligned Myanmar’s IP regime with the international standards by adopting the global patent filing and prosecution practices, thereby allowing Member States of the Paris Convention and the World Trade Organization to claim priority.

https://ssrana.in/articles/myanmar-patent-law-came-into-force-on-may-31-2024/

Karnataka High Court to have its own IPD Rules

In a recent development the Hon’ble High Court of Karnataka vide notification on June 20, 2024 notified its intention of forming a sub- committee to draft Rules for establishing an IP Division.

https://ssrana.in/articles/karnataka-high-court-ipd-rules/

Beware of Fraudsters: Safeguard Your IP Applications!

The Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM) has issued a notice on October 17^th, 2024, highlighting the ongoing fraudulent activities on IPINDIA’s website. The notice states that many fraudsters are targeting owners of Intellectual Property (IP) applications. The notice further goes on to state that fraudsters are unlawfully obtaining data regarding Intellectual Property (IP) applications from the official website and are contacting individuals via phone and email and are falsely claiming fees for the acceptance of the application. https://ssrana.in/articles/beware-of-fraudsters-safeguard-your-ip-applications/

CGPDTM unveils New Miscellaneous Forms- Trademarks

In a recent development, the Office of the Controller General of Patents, Designs and Trademarks (CGPDTM) has unveiled a set of new online miscellaneous forms intended to support stakeholders and the general public in making trademark-related submissions. This initiative aims to enhance the accessibility of the trademark registration process, ensuring that individuals and businesses can navigate the complexities of trademark submissions with greater ease. https://ssrana.in/articles/cgpdtm-unveils-new-miscellaneous-forms-trademarks/

Myanmar’s Trademark Law Takes Flight: First Batch of Registration Certificates Now Issued

The Department of Intellectual Property (IPD) under the Ministry of Commerce, has officially began issuing Trademark Registration Certificates for the applications filed under Myanmar’s newly enacted trademark law. The IPD has issued details of the registered trademarks as a part of Trademark Journal No. TM/-2024/08, dated December 01, 2024. Along with the application opposition details previously published, the registration publication includes comprehensive details / information about the registered marks such as registration number, date of registration and its validity period.

https://ssrana.in/articles/myanmars-trademark-law-takes-flight-first-batch-of-registration-certificates-now-issued/

USPTO Trademark Fee Hike Alert: Save Big by Filing Before January 2025!

On November 15, 2024, the United States Patent and Trademark Office (USPTO) announced updated trademark fees, set to take effect on January 18, 2025. These changes are part of the USPTO’s ongoing efforts to improve its services and ensure the accuracy and reliability of trademark rights.

https://ssrana.in/articles/uspto-trademark-fee-hike-alert-save-big-by-filing-before-january-2025/

Noteworthy IPR Cases of 2024

Guarding Secrets: Law Commission proposal for Trade Secrets Bill 2024

With time, safeguarding and protecting trade secrets and information have become important. According to WIPO trade secrets are “Intellectual Property rights in confidential information which may be sold or licensed” However, keeping in mind the current economic scenario where everything is driven by technology, maintaining confidentiality with just NDAs and contracts seems difficult. Meeting the challenges head-on and understanding the dire need for a codified law that specifically protects Trade Secrets, the 22nd Law Commission of India headed by Hon’ble Justice Mr. Ritu Raj Awasthi in its 289th Report has proposed the Trade Secrets Bill 2024. 

https://ssrana.in/articles/law-commission-trade-secrets-bill-2024/

Jurisdictional Jigsaw: Navigating inter-state transfer of trademark cancellations

Whether a High Court has territorial jurisdiction to transfer to itself a trademark cancellation petition that is pending before another State’s Trademark Registry? Can the dynamic effect of a trademark registration be the reason for the transfer of a rectification petition? These are some of the questions that a Single Judge of the Madras High Court answered, while dealing with an Application filed by the Plaintiff for transferring its cancellation proceedings.The Hon’ble Court, while underscoring the interplay between jurisdictional boundaries and consolidation of proceedings, considered the principle of Dynamic effect and test of reasonableness and fairness held that it is proper to consolidate the infringement suit and the rectification application together and render a single decision adjudicating both the claims. Furthermore, the Hon’ble Court, observed that, being a constitutional and superior court, it possess the inherent power to transfer to itself a Rectification Application pending in a Trademark Registry outside its jurisdiction. https://ssrana.in/articles/jurisdictional-jigsaw-navigating-inter-state-transfer-trademark-cancellation/

New Groundbreaking, WIPO Treaty on IP and Traditional Knowledge

The World Intellectual Property Organization (WIPO) the global forum for Intellectual property policy, services, information, and cooperation at the last day of the Diplomatic Conference i.e., on May 24, 2024, made a landmark history by adopting the new treaty on Intellectual Property (IP), Genetic Resources and Traditional Knowledge. This article highlights the key points enshrined in the treaty.

https://ssrana.in/articles/wipo-treaty-ip-genetic-resources-traditional-knowledge/

The “Average Consumer Test” in an informed society

A dispute concerning the defense of prominent part of a trademark and registration of part of a trademark was recently decided by the Hon’ble Delhi High Court whilst refusing to grant a temporary injunction to the Plaintiff in the case of Mountain Valley Springs India Private Limited vs. Baby Forest Ayurveda Private Limited. The suit was between two companies operating in identical business of ayurvedic and skincare products: the Plaintiff under the mark FOREST ESSENTIALS and the Defendant under BABY FOREST and Baby Forest- Soham of Ayurveda. By denying the interim relief sought by the Plaintiff Forest Essentials, the Court has provided critical insights into three key factors—monopolies, sophisticated consumer testing, and global appreciation — to assess contemporary trademark confusion on generic terms and trademark protection.

https://ssrana.in/articles/the-average-consumer-test-in-an-informed-society/

Ericsson Scores Big Win in FRAND Ruling in Patent Infringement

The expansion of mobile communication in India owes to standard essential patents. These patents guarantee that all phones meet specific quality standards, ensuring smooth compatibility across different technologies, from 2G to 5G. By adhering to these standards and paying royalties, companies can continue producing phones that meet the expected high standards. This standard has been upheld in the recent case of LAVA International Limited v. Telefonaktiebolaget LM Ericsson, wherein the Hon’ble Delhi High Court declared the 7 out of 8 patents owned by Ericsson to be Standard Essential Patents (SEPs).

https://ssrana.in/articles/lava-ericsson-scores-frand-ruling-patent-infringement-damages/#:~:text=In%20a%20recent%20landmark%20judgement,its%202G%20and%203G%20patents.

Global Innovation Index 2024

The Global Innovation Index (GII) 2024 released on September 26, 2024 took the world by storm and once again showcased that innovations in India are growing by leaps and bounds. The World Intellectual Property Organization (WIPO), has recently released a comprehensive Geographical Innovation Index report of 2024, by evaluating numerous pillars such as institutions, human capital and research, infrastructure, market sophistication, business sophistication, knowledge and technology outputs along with creative outputs and ranked India at 39^th spot for the year 2024. https://ssrana.in/articles/global-innovation-index-2024/

Conundrum of Fake Franchise and Dealerships

This is the era of brand building, where companies and start-ups are often seen engaging into franchisees, dealerships, and distributorship agreements with companies and entities in order to grow their brand and have a wider outreach to the consumer base. A franchise agreement permits a franchisee to use the trademarks and brand-names of its franchisor as a part of its daily business, along with marketing and training support to help the franchisee succeed. A distributorship / dealership agreement, on the other hand, permits the distributor / dealer to only distribute or resell the products, without using the brand name and trademark of the company. The distributor / dealer does not operate under the brand name, but rather operates under its own business name. However, in this growing ocean of franchisees and distributors, a few nuisance factors have spread their own fishing nets in the ocean to capture their targets in order to receive illegal gains.

https://ssrana.in/articles/conundrum-of-fake-franchise-and-dealerships/

Personality Rights Infringement of Arijit Singh Shocks the Conscience of Court!

Being a public figure/celebrities comes with their own fair share of problems, though invasion of privacy tops the check list. The act of misappropriation of personality and publicity rights that comes with technological advancements has emerged as a broad and intense issue lately. In order to protect the privacy and personality rights of the celebrities and public figures, the Indian courts have zealously taken active measure to prevent the misappropriation of personality rights, however the recent case of Arijit Singh v Codible Ventures LLP and Ors., is considered to be “First of its Kind” as this is the first time that the Hon’ble Court has addressed the issue of AI voice cloning tools. The Hon’ble High Court of Bombay upholding the personality rights of Arijit Singh, passed an ex-parte ad-interim injunction, which may also operate as a dynamic injunction against several Defendants i.e. AI platforms and other parties to restrain them from using the Plaintiff’s (Arijit Singh) name, voice, photographs, images, signature or any other aspect of his personality without his consent.

https://ssrana.in/articles/personality-rights-infringement-of-arijit-singh-shocks-the-conscience-of-court/

Patent Infringement- Court Awards Damages of  Approx.26 Million USD

“Familiarity breeds contempt” is an adage that finds resonance even today. The recent judgment rendered by the Delhi High Court’s in Communication Components Antenna Inc. v. Mobi Antenna Technologies (Shenzhen) Co. Ltd & Ors. (May 16, 2024) has established a crucial precedent. This landmark ruling not only underscores the rigorous standards for patent enforcement in India but also demonstrates the court’s commitment to protecting the rights of patent holders from infringement. The Hon’ble Delhi High Court awarded damages worth Approx. 26 million USD with interest @ 5% per annum from the date of the judgment till actual realization of the amount in favour of Communication Components Antenna Inc. (hereinafter referred to as “Plaintiff”). The order maintains that while innovation and corresponding exclusivity are the touchstones of patent rights, imitation in technology causes disruptions that are unfair and unethical. The case pertains to the infringement of Indian Patent No. 240893 (IN’893), relating to the innovative technology titled ‘Asymmetrical Beams for Spectrum Efficiency’.” https://ssrana.in/articles/communication-components-scores-big-patent-infringement-suit/

The “Armour” Trademark Showdown

“Our similarities bring us to a common ground; our differences allow us to be fascinated by each other” said Tom Robbins remarking on Universe and the need for peaceful coexistence, but little did he realize that similarity either in whole or in part might often breed contempt. In the recent case of Under Armour Inc v. Anish Agarwal Anr.[1], the Hon’ble Delhi High Court highlights this intrinsic issue and an essential aspect of trademark jurisprudence concerning similarity/deceptive similarity of trademarks and draws attention to the never ending issue concerning the prominent part of a trademark and registration of part of a trademark.

https://ssrana.in/articles/the-armour-trademark-showdown/

Protection of Position Marks in India

In today’s world of short-lived attention span, brand essence has to be encapsulated in a single glance. Since businesses fight for attention in a crowded consumer market, creating visual identity by strategic placement of marks can prove to be a potent tool. These marks go beyond just the design or logo itself, and instead focus on the distinctive positioning of the trade mark as a source identifier for the brand.

Some key examples of successful position marks include the red soles on Christian Louboutin shoes() and the three-stripe design on Adidas footwear ( ). In these cases, the placement of the coloured sole or stripe pattern has become so closely associated with the brand that it serves to distinguish the products from competitors. The World Intellectual Property Organization has defined ‘position trade mark’ as a sign represented graphically and positioned on a particular part of a product in a constant size or particular proportion to the product. Even though the statutory protection of such marks is still unexplored in India, it has been briefly discussed in other jurisdictions, specifically in European Union. Compared to other non-traditional marks like scents or textures, position marks may be easier to register as distinctiveness can be demonstrated through the consistent and prominent placement on the product. However, trade mark offices still examine each case individually to determine if the positioning is truly serving as a source identifier for consumers.

https://ssrana.in/articles/protection-of-position-marks-in-india/

Understanding Reverse Passing Off in Trademark Law

In the realm of intellectual property law, reverse passing off is a lesser-known, but equally significant form of unfair competition. Unlike traditional passing off, where a party misrepresents its goods or services as those of another, reverse passing off occurs when one party presents another’s goods or services as its own. This deceitful practice can take various forms, such as removing or altering the original branding or failing to credit the true source of the product. Reverse passing off not only undermines the goodwill and reputation of the rightful owner but also misleads consumers, thereby disrupting the competitive balance in the marketplace. Understanding the nuances of reverse passing off is crucial for protecting the integrity of brands and ensuring fair competition in business. https://ssrana.in/articles/understanding-reverse-passing-off-in-trademark-law/

World Intellectual Property Indicators 2024: India shines as innovation surge witnesses new heights

Highlighting worldwide trends in intellectual property (IP) filings, the World Intellectual Property Organization (WIPO) has released the World Intellectual Property Indicators (WIPI) 2024 on November 07, 2024. According to the report, applications for patents, trademarks, and industrial designs have significantly increased in leading economies in the preceding year.  The year 2023 has marked a significant milestone in the realm of global intellectual property with a record-breaking surge in patent filings. As reported in the latest World Intellectual Property Indicators, 2024 (WIPI) issued by the World Intellectual Property Organization (WIPO), the year witnessed unprecedented growth, marking a robust period of innovation and technological advancement.

https://ssrana.in/articles/world-intellectual-property-indicators-2024-india-shines-as-innovation-surge-witnesses-new-heights/

Important Corporate Updates of 2024

Government Notifies Deadline to Register on E-waste Portal

In a pivotal move to formalize and strengthen the e-waste recycling sector, the Government, having recognized the evolving challenges, introduced the E-Waste (Management) Rules, 2022. This marked a significant update to the E-Waste (Management) Rules, 2016, which had provided the initial framework for the industry. Effectively implemented from April 1, 2023, the new rules heralded an era of Extended Producer Responsibility (EPR) for e-waste recycling, revolutionizing the roles of manufacturers, producers, recyclers, and refurbishers in the e-waste ecosystem. https://ssrana.in/articles/government-notifies-deadline-register-e-waste-portal/

How is delay in release of DPDP Rules impacting business?

India’s first Digital Data Protection Act, 2023 (hereinafter referred to as the “DPDP Act”) was notified with the consent of the President of India in August 2023. The DPDP Act aims to safeguard personal data of individuals and puts guardrails on organisations to prevent data breaches. The law is yet to come in to force as multiple provisions in the Act require additional clauses and rules. However, the minister for electronics and information technology, Ms. Ashwini Vaishnav has informed that the draft rules under the DPDP Act for consultation will be released within a month. It is reported that the final draft of rules has been reviewed and will be issued for public consultation in September, 2024. https://ssrana.in/articles/how-is-delay-in-release-of-dpdp-rules-impacting-business/

LLP (Third Amendment) Rules, 2023: Key Highlights

On October, 27, 2023, the Ministry of Corporate Affairs, had notified the Limited Liability Partnership (Third Amendment) Rules, 2023. These rules mark a significant milestone in the evolution of Limited Liability regulations in India. These rules mandate the limited liability partnerships (LLPs) to maintain a register of partners, which is similar to the register of members maintained by the companies under the Companies Act, 2013. Additionally, as per the new rules, LLP is required to file a declaration regarding the beneficial interest in any contribution and to designate a partner to provide information to the registrar of companies. These amendments aim to streamline compliance requirements, promote transparency and ensuring that the LLPs remain competitive in the global market by aligning with international standards.

https://ssrana.in/articles/llp-third-amendment-rules-2023/

MEITY mandates new Rules for CCTV Cameras

A Closed-circuit television (CCTV), is a “system that uses video cameras to send television signals to a specific limited viewership. Unlike broadcast television, closed-circuit television (CCTV) does not openly transmit its signal to the public but rather between set points that are decided by the camera’s owner or operator. While the benefits of CCTV cameras are manifold and obvious, their dangers can range from vandalism to unauthorized access. To curb the same, and regularize the use of CCTV systems, the Ministry of Electronics and Information Technology (MeitY) has introduced certain regulatory rules by way of an amendment.

https://ssrana.in/articles/meity-mandates-new-rules-for-cctv-cameras/

Proposed Amendment to Rule 3 of Legal Metrology Rules, 2011

The Government of India made a significant move as the Department of Consumer Affairs has proposed an amendment to Rule 3 of Legal Metrology (Packaged Commodities) Rules, 2011, keeping in view the growing ambit of the market, including both offline and online platforms. It shall help to promote uniformity amongst packaged commodities intended for retail sale.  The Department has also invited stakeholders to submit their comments on the amendments within 15 days, up to July 29, 2024.

https://ssrana.in/articles/amendment-proposed-rule-3-legal-metrology-packaged-commodities-rules-2011/

SEBI fines 50 lakhs on 10 companies for Non-Genuine Trades

The Securities and Exchange Board of India (SEBI) has recently taken stringent actions against non-genuine trading activities by imposing fine of Rs. 50 lakhs on 10 companies. This move of the SEBI aims to control fraudulent practices and protect the investor’s interest. This enforcement action showcases SEBI’s proactive approach in maintaining market integrity and transparency, and creating an environment that is favorable for both the investors and market participants. The SEBI has recently introduced the third settlement scheme offering the entities the benefit of settling the proceedings, and to avoid the prolonged legal proceedings and associated expenses. This article delves into the SEBI’s enforcement action against the 10 companies and scrutinizes the third settlement scheme introduced by the SEBI. https://ssrana.in/articles/sebi-fines-50-lakhs-10-companies-non-genuine-trades/

FSSAI- Nutritional information to be displayed Prominently

The Food Safety and Standards Authority of India (FSSAI) has approved a proposal to prominently display nutritional information on food labels, specifically highlighting the total sugar, sodium and saturated fat in bold letter and larger font size. This proposal which was discussed in the 44^th meeting of the Food Authority, aims to empower consumers to make healthier dietary choices by clearly presenting the nutritional value of food products. By addressing the growing concern of Non-Communicable Disease, this amendment seeks to promote public health and well-being. The draft notification for the said amendment would now be put in the public domain for inviting suggestions and objections. https://ssrana.in/articles/fssai-nutritional-information-display-prominently/

FSSAI’s Maximum Residue Limits for Spices and Culinary Herbs

The FSSAI is responsible for creating guidelines to guarantee food safety (including spices) as well as controlling the production, distribution, sale, and import of food items. Earlier in April, FSSAI through its order increased the maximum level of residue in Pesticides by 10 times for the pesticides not registered with CIB and RC. FSSAI increased the level of pesticide residues after recommendation of a scientific panel on pesticide residues, which comprised members from Ministry of Agriculture and Farmers Welfare’s Central Insecticides Board and Registration Committee (CIB and RC). https://ssrana.in/articles/fssai-maximum-residue-limits-spices-culinary-herbs/

FSSAI’s Warning against Sale of Human Milk and Products in India

Human milk provides the perfect balance of nutrients essential for an infant’s growth and development. In a new discovery by the FSSAI, it has been found that numerous Food Business Operators are engaging in sale of human milk across the country for high monetary benefits. Recently the food regulator issued an advisory stating that “activities related to the commercialization of human milk and its products should be immediately stopped.” The food safety authority stated that it has received multiple requests from registered FBOs regarding the same, but it is illegal and is supposed to be used to feed newborns and infants in health facilities only. FSSAI has not approved the processing and/or sale of such milk under the FSS Act, 2006, and the rules/regulations enacted thereunder. https://ssrana.in/articles/fssai-warning-sale-human-milk-products-india/

Noteworthy Corporate Cases of 2024

Space Sector and FDI in India

In the last decade India has become a forerunner in not only cost efficient and innovative space faring endeavors, but has also provided a fitting regulatory environment for growing of space tech startups like Astrogate Labs, Bellatrix Aerospace etc. Now to boost India’s space tech story into the stratosphere, the government on February 21, 2024 liberalized the FDI policy for the space sector. This article delves into India’s current space sector, examining the recent FDI policy amendment, its necessity and impact on the industry and what the future holds for Indian Space Sector. https://ssrana.in/articles/space-sector-fdi-india/

Draft Digital Competition Bill and the Competition Act, 2002- A Comparative Analysis

In India, the recent recommendations by the Committee on Digital Competition Law (CDCL) and the release of the Draft Digital Competition Bill, 2024, signal a paradigm shift in regulatory strategy. This article aims to explore and compare the threshold limits outlined in both the Draft Bill and the existing Competition Act, 2002, shedding light on the implications for businesses and competition in the digital sphere.

https://ssrana.in/articles/digital-competition-bill-and-competition-act-comparative-analysis/

Misleading Advertising Claims in India: A Legal Perspective

In the realm of consumer goods, advertising serves as a powerful tool to inform and persuade. However, recent events have shed light on the detrimental consequences of misleading advertising practices, prompting a closer examination of regulatory frameworks in India. From the Supreme Court’s landmark decision in the case of Indian Medical Association v. Union of India (2022) to the scrutiny faced by the nutraceutical industry, the need for robust legal provisions to govern advertising claims has never been more apparent.

https://ssrana.in/articles/misleading-advertising-claims-india-legal-perspective/

India Plans to Shift from Minimum Wages to Living Wages By 2025

India is gearing up for a significant shift in its approach to worker compensation. Instead of sticking to minimum wages, that barely covers basic needs, the country is aiming to adopt living wages by 2025. This move showcases commitment of the government to ensure that the workers earn enough to not just survive, but to live a dignified life. The move comes after the International Labour Organization (ILO) endorsed the concept earlier this month, following an agreement reached during a Meeting of Experts on wage policies in February and endorsed by the ILO’s governing body on March 13. The decision, subsequently ratified by the ILO’s governing body, shows a global recognition of the importance of ensuring fair compensation for workers to sustain dignified livelihoods. As India embarks on this journey, it aligns itself with the international standards and reaffirms its commitment to prioritizing the well-being of its workforce.

https://ssrana.in/articles/minimum-wages-living-wages-2025/

Indian Start-Ups Ask CCI to Order Google to Restore Apps Removed Citing Policy Violations

Recently, Alphabet Inc’s Google removed few applications from its play store for non-compliance with the payment rules and policy violations some of which have been reinstated recently. Disappointed by the deletion of applications, a group of start-up companies have approached the CCI for asking Google to reinstate the applications back on its app-store. All the applications that backed-off from paying 26 % service fee charge for in- app purchases were removed by Google without any prior information.

https://ssrana.in/articles/indian-start-ups-ask-cci-to-order-google-to-restore-apps-removed-citing-policy-violations/

Advisory from CCPA on Prohibition of Surrogate Advertising and Unlawful Activities

As per media reports, the global sports betting market received an estimated Rs. 8,20,000 crore ($100 billion) per annum deposits from India, with a steady growth of 20% per annum. This dire situation has been further exaggerated by an influx of companies/influencers promoting online betting and gambling apps through advertisements. To remedy this and increase public awareness, the Central Consumer Protection Authority (CCPA) issued a comprehensive advisory dated March 6, 2024 emphasizing the prohibition of advertising, promotion, and endorsement of unlawful activities.

https://ssrana.in/articles/advisory-from-ccpa-on-prohibition-of-surrogate-advertising-and-unlawful-activities/

IRDAI Regulations, 2024- INDIA

As per the Economic Survey, 2021, insurance penetration in India stands at a mere 4.2%, reflecting a low level of coverage within the population. However, this figure underscores a promising landscape for potential growth and expansion within the insurance sector in the country. With a goal to ensure “Insurance for All by 2047”, the Insurance Regulatory and Development Authority of India (IRDAI) has recently introduced the Insurance Regulatory and Development Authority of India (Protection of Policyholders’ Interests, Operations and Allied Matters of Insurers) Regulations, 2024 (hereinafter referred to as the guidelines) and which came into force on April 1st, 2024. These guidelines aim to protect the interest of the policyholders, to ensure that the conduct of the insurer and distribution channel are not prejudicial to the interest of the policyholder. It is a significant step in ensuring the transparency and fairness in the insurance sector.

https://ssrana.in/articles/irdai-regulatipons-2024-india/

RBI Guidelines on Investment in AIF

The Reserve Bank of India (RBI) has recently made significant strides in the regulatory landscape concerning investment by regulated entities (RE) in Alternative Investment Fund Scheme (AIFs). On March 27, 2024, the RBI released an important circular (hereinafter referred to as “March, 2024 Circular”) aimed at easing the regulations governing such investments. It has been issued in furtherance of the previous circular (hereinafter referred to as “December, 2023 Circular”) issued by the RBI on December 19, 2023, which imposed stringent limitations on investment in AIFs by RE. As per the 2024 Circular, RE are now permitted to invest in AIF schemes with downstream equity investment in debtor companies. However, the investment in schemes with hybrid instrument in debtor companies are prohibited. In this article we delve into the circulars issued by the RBI in December, 2023 & March, 2024, the reason behind the 2024 circular and the potential impact of the 2024 Circular on RE.

https://ssrana.in/articles/rbi-guidelines-investment-aif/

Endorsers Now Accountable for Misleading Advertisements: Wake Up Call for Influencer

he Hon’ble Supreme Court,  in  the  case of Indian Medical Association vs Union of India has  issued  a  stringent  direction  to  influencers  and endorsers,  signalling  a  pivotal  shift  in  accountability  for  false  and  misleading advertisements, by clearly stating that the influencers and endorsers will be now held accountable for issuing false and misleading advertisements. Moreover, the Hon’ble Supreme Court has made it mandatory for advertiser/advertising agency to submit a self-declaration in line with the Rule 7 of the Cable Television Networks Rules, 1994 https://ssrana.in/articles/endorsers-now-accountable-for-misleading-advertisements-wake-up-call-for-influencer/

Supreme Court Ruling- Landmark Decision on Stamp Duty for increased Share Capital

The Supreme Court in its recent judgement of State of Maharashtra & Anr., versus National Organic Chemical Industries Limited gave clarity about hike in stamp duty on increase in share capital. The Hon’ble Apex court held that once the maximum duty payable on the authorized share capital of a company is paid, as prescribed under the relevant stamp laws, no additional duty is payable for subsequent increase in the share capital., unless the law requires payment of additional stamp duty.

https://ssrana.in/articles/supreme-court-ruling-landmark-decision-on-stamp-duty-for-increased-share-capital/

Supreme Court’s Landmark Judgment: Applicability of The consumer Protection Act, 2019 on Advocates

In a significant ruling, the Supreme Court of India addressed the long-debated  question  of  whether  advocates  fall  under  the  ambit  of  the Consumer  Protection  Act,  1986  and  its  re-enacted  version,  the Consumer Protection Act, 2019. The judgment, dated May 14, 2024, in the case of Bar of Indian Lawyers v. D.K. Gandhi PS National Institute of Communicable Diseases  and  Anr. has firmly  established  that advocates are not liable for alleged deficiencies in services under these acts. This decision brings much-needed clarity to the legal profession ,which had been under a cloud of uncertainty for years.

https://ssrana.in/articles/supreme-courts-landmark-judgment-applicability-of-the-consumer-protection-act-2019-on-advocates/

Role of AI in Legal Systems: A Detailed Analysis

A two day conference on ‘Technology and Dialogue’ was organised by the Supreme Court on April 13 and 14 respectively, aiming to delve into the intersection of technology and legal system, with a particular focus on the transformative role of Artificial Intelligence (AI) in the judiciary. In his key note address at the Indo-Singapore Judicial Conference, Hon’ble Mr. Chief Justice DY Chandrachud commended the conference’s pioneering emphasis on technology and its potential to foster essential dialogues at the intersection of technology and the judiciary. The CJI also recognized India’s progress in leveraging technology to modernize its judiciary through initiatives like the e-Courts project.

https://ssrana.in/articles/role-of-ai-in-legal-systems-a-detailed-analysis/

Transfer of Data in Merger and Acquisition Deals: Best Practices

In M&A deals one  of  the  most  crucial  aspect  is  regulatory  compliance  with  privacy rules  and  protection  of  customer  data  being  transferred  to  another entity.  The  Digital  Personal  Data  Protection  Act,  2023  (DPDP  Act)  in India   is   one   such   legislation   that   underscores   the   importance   of safeguarding  personal  data  during  corporate  transactions.  Rules  for this  act  are  currently  awaited  to  enforce  the  act  which  would replace The   Information   Technology   (Reasonable   Security   Practices   and Procedures  and  Sensitive  Personal  Data  or  Information)  Rules  2011(SPDI   Rules).   A   pivotal   component   of   this   act   mandates   the appointment of a Data Protection Officer (DPO) in certain scenarios.

https://ssrana.in/articles/merger-acquisition-deals-transfer-data/

Safeguarding Children’s Data under the DPDP Law

Privacy of children will require special protection not just in the context of the virtual  world,  but  also  the  real  world.  The  digital  life  of  children  gets created  long  before  their  birth  and  stay  with  through  their  life  circle. Children  often  do  not  understand  the  principles  and  dangers  of  sharing personal  information  which  often  is  the  basis  of  seeking  any  digital service.  This  was  rightly  emphasized  by  the  Hon’ble  Apex  Court,  while declaring  the  Right  to  Privacy  as  a  fundamental  right  in  the  case  of  K.S.Puttaswamy vs. Union of India. In today’s rapidly evolving digital era, children’s personal data has become a critical concern.  With  children  increasingly  using  online  services,  their data  is  collected,  processed  and  sometimes  exploited  without  adequate protections, raising serious privacy issues.

https://ssrana.in/articles/safeguarding-childrens-data-under-dpdp-law/

Noteworthy POSH Cases of 2024

Strict Adherence to Section 19b of POSH Act: High Court of Orissa, Cuttack

As organizations navigate the evolving landscape of workplace dynamics, the judgment of the Orissa High Court, Cuttack, serves as a guiding light, urging to comply with the direction of Section 19(b) of the POSH Act i.e., display of penal consequences of sexual harassment and the order constituting the Internal Committee prominently at workplaces.

https://ssrana.in/articles/section-19b-posh-act-orissa-high-court-cuttack/

An analysis of the use of Deepfakes as a tool of malevolence to target women with a special reference to the Taylor Swift Incident

Deepfakes have become an unfortunate reality of the world and it has become rather difficult to combat the same. Due to the high number of deepfakes created each day and the ease of using applications to create the, deepfakes have become a tool to not only promote the objectification of women but to also silence and intimidate them. An analysis of the use of deepfakes as a tool of malevolence to target women with a special reference to the Taylor Swift incident is outlined.

https://ssrana.in/posh-law/articles/an-analysis-of-the-use-of-deepfakes-as-a-tool-of-malevolence-to-target-women-with-a-special-reference-to-the-taylor-swift-incident/

Squid game star faces sexual harassment allegations

The essence of the POSH Act extends beyond traditional boundaries, resonating strongly within entertainment industry. Recently, a well renowned South Korean Actor has been accused of sexual misconduct. The case further sheds light on the pressing need of upholding ethical standards and ensuring the safety of all, particularly in environment where power imbalances may exist.

https://ssrana.in/posh-law/articles/squid-game-star-faces-sexual-harassment-allegations/

Ministry blocks 18 OTT Platforms for publishing obscene vulgar content

In a strict action against publication of obscene and vulgar content, the Ministry of Information and Broadcasting has blocked 18 Over-the-top Platforms on March 12, 2024. This article outlines the key provisions and content of the Statement released by the Ministry of Information and Broadcasting.

https://ssrana.in/articles/ministry-blocks-18-ott-platforms-publishing-obscene-vulgar-content/

Delhi High Court directs ED to disclose information on allegations of sexual harassment

In a recent ruling, the Delhi High Court addressed the complex interplay between the Right to Information Act and the Enforcement Directorate’s (ED) exemption from its provisions. The court’s decision, delivered by Hon’ble Justice Ms. Prathiba M Singh, clarifies the circumstances under which ED can be compelled to provide information, particularly in cases involving human rights violations, such as allegations of sexual harassment. This article delves into the scope of the RTI act to promote transparency in government organizations with regards to sexual harassment. https://ssrana.in/posh-law/articles/delhi-high-court-directs-ed-to-disclose-information-on-allegations-of-sexual-harassment/

Intersection of Natural Justice and POSH Law

Natural Justice is rooted in the principles of fairness, impartiality and the right to fair hearing. Under POSH Law, these principles serve as key elements in creating a safe and equitable environment for all parties involved in sexual harassment cases. This article gives a clear understanding about the principles of natural justice and highlights the importance of providing an unbiased hearing, allowing both the complainant and the accused an opportunity to present their case and ensuring decisions are made based on evidence and circumstances and not on personal biases. https://ssrana.in/posh-law/articles/intersection-of-natural-justice-and-posh-law/

More Sensitization on POSH consent and Sexual Harassment on Campuses

Sexual Harassment is all pervasive and extremely widespread at educational institutions. In the wake of protecting all women, whether faculty member, students or staff, at university campuses and ensuring adequate measures and awareness, the University Grants Commission (UGC) has pioneered for properly sensitized campuses in the country. UGC has also developed ‘Guidelines on basic facilities and amenities for safe, secure environment for Women and Women Cell (for sensitization, policy implementation, monitoring and grievance redressal) in Higher Educational Institutions in July 2023.

https://ssrana.in/posh-law/articles/more-sensitization-on-posh-consent-and-sexual-harassment-on-campuses/

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[1] CS(COMM) 843/2023