2020 Year in review
Against the backdrop of the global Coronavirus pandemic, the events of 2020 brought new challenges no one was prepared for, changing the way we live and how we connect with each other.
From the economic effects and catastrophic loss of life brought on by the COVID‑19 pandemic to new effects from the climate change crisis, the transformative moments in the Black Lives Matter protests, and a highly engaging US election, 2020 was a defining year.
For the fans, sports have always been an inspiration and a distraction, but this year it’s taken on renewed importance. Leagues around the world had to find new ways to keep audiences connected to the teams and athletes they love during trying times, all while stadiums remained empty and the playing field became a new platform for conversations about social and racial justice.
The live entertainment industry came largely to a halt, but stay‑at‑home mandates pushed creativity to new heights. Celebrities and musicians found renewed connection to fans with live streaming. Studios discovered innovative ways to produce and distribute content that was more inclusive. And when film festivals, fashion weeks, and more evolved with our new normal, it brought us all closer to the art we love.
In a year when loss of life seems almost routine, 2020 has reminded us of the impact of our icons. Whether it’s a firebrand U.S. Supreme Court Justice, an NBA legend, or a visionary rock guitarist, 2020 has shown us that though our heroes won’t live forever, their legacies will.
Trademark and Domain Names15 YEARS ON: A RELOOK AT THE INDRP POLICY
INDRP – Indian Domain Name Dispute Resolution Policy & Domain Name Disputes
It is no surprise that ever since the recognition of Internet as a tool for advertisement and marketing, there has been a widespread increase in the number of domain name disputes. Click here to know more
Copycat Covid Products – New Face Of Counterfeit
Ever rational consumer was caught off guard at the inception of this pandemic, as an impulse to create stock piles of groceries, medical supplies, drugs etc. reverberated throughout the country. Click here to know more
Reverse Domain Hijacking- Care-full Who You Pick!
An analysis of domain dispute case: Religare Health Insurance Company Limited vs. Name Administration Inc. /Domain Administration (UDRP Case Ref. No. – D2019-2073). Click here to know more
DETTOL v. DEVTOL- Delhi HC imposes fine for infringing the mark DETTOLThe High Court of Delhi vide its order dated May 28, 2020 imposed a cost of Rs. One Lakh on the Defendant, Mohit Petrochemicals Pvt. Ltd. and restrained them from using the mark ‘DEVTOL’. Click here to know more
Trans-border Reputation Of Foreign Trademark- India
The Hon’ble Delhi High Court vide its order dated April 17, 2020, dismissed an application for the ad-interim injunction filed by real estate mogul, Keller Williams Realty, Inc. in the above suit. Click here to know more
Unauthorized Circulation of PDFs of E-Papers: Dainik Jagran Case
When you come across any astounding news, you think of sharing it with someone and netizens are all too familiar with this concept of ‘viral’. Spreading of news, whether fake or titillating, through social media applications has become a vexing activity to curb and has now started to commercially affect the rights of media publication houses. Click here to know more
Animation and it’s Protection under Copyright
Throughout the history of mankind, the combined artistic affinity has given rise to various forms of artistic expressions. One such form is the use of multiple still pictures to show motion and movement. Click here to know more
Copyright in Chants and Mantras – Are these Exclusive?
As recently as September 2020, few Twitter statuses shared by Swami Vaishampayan was in the limelight when Swamiji’s post about his experience of chanting Ganesh Atharvashirsha was confronted on the ground that the Ganesha Atharvashirsha has been copyrighted by T-series and Royalty Network (an American Company). This whole incident has raised a debatable issue, i.e. Click here to know more
ASCI’s Advisory on COVID-19 Related Claims in Advertisements
Advertisement Standards Council of India (ASCI), a self-regulatory voluntary organization of the advertising industry on October 20, 2020 has issued an advisory concerning COVID-19 advertisements. Click here to know more
Unpaid Instalments under Settlement Agreement Not Operational Debt under IBC
In a recent case, the National Company Law Tribunal (“NCLT”), New Delhi in M/s Brand Reality Services Ltd. v. M/s Sir John Bakeries India Pvt. Ltd , has stated that an operational debt under Insolvency and Bankruptcy Code, 2016…Click here to know more
Best Before Date on Sweets mandatory from October 1, 2020- FSSAI
The Food Safety and Standards Authority of India (FSSAI) has vide its order dated September 25, 2020 mandated display of “Best before date” on non-packaged/ loose sweets, container /tray holding sweets at the outlet for sale mandatory with effect from October 01, 2020″. The order also states that the FBO’s (Food Business Operators) can also display “Date of manufacturing” , however the same is voluntary and not mandatory. Click here to know more
BIS Certification for “Safety of Toys” made Compulsory
The Bureau of Indian Standards (hereinafter referred to as BIS) is a statutory body established under the Bureau of Indian standards Act, 2016 (hereinafter referred to as the Act). One of the main functions of BIS is to prescribe standards for covering goods and systems under the BIS regime. Click here to know more
Can Ex-employee of Financial Creditor be Interim Resolution Professional?
In a recent case, the National Company Law Appellate Tribunal (“NCLAT”), vide its ruling dated May 22, 2020 upheld the order passed by respective National Company Law Tribunal (“NCLT”) dated January 4, 2020 with respect to substitution of appointment of an ex-employee of the Financial Creditor as the Interim Resolution Professional (IRP). Click here to know more
Consumer Protection (E- Commerce) Rules, 2020 comes into force
To protect the consumers from unfair trade practices and to address their concerns, the Ministry of Consumer Affairs, Food and Public Distribution on July 23, 2020 notified the Consumer Protection (E-Commerce) Rules, 2020. The E-commerce Rules have primarily been formulated with the objective to regulate the E-commerce sector in India and protect consumers from unfair trade practices on such platforms. Click here to know more
Delayed Possession- MahaRERA awards Rs. 5 Crore to Allotee
M/s Renaissance Infrastructure, the Respondent herein, is the original complainant (hereinafter referred to as the Complainant) and Parth B. Suchak is the Appellant herein, originally the Respondent-promoter (hereinafter referred to as the Promoter). As per the agreement of sale (“the agreement”) dated December 10, 2009, the Complainant had bought six plots of land along with a warehousing building from the Respondent Promoter…Click here to know more
Delayed possession of flats and compensation under RERA
The delayed possession of flats or plots to home buyers has emerged as one of the most crucial issues in the Real Estate sector in India. In the past few years, home buyers have several times approached Courts and Tribunals with the grievance of delayed possession of flats by promoters and developers. Click here to know more
Display Of ‘country Of Origin’- Regulations In Different Jurisdictions: A Comparative Analysis
‘Make in India’ and ‘Made in India’ have become popular issues in the recent times. It is a common belief that ‘Make in India’ and ‘Made in India’ are the same and are often used interchangeably in the public and media domain. However, they are two different economic programs. Click here to know more
Digital Media including OTT Platforms under Purview of Ministry of I & B
In a recent move, the Ministry of Information and Broadcasting has brought all kinds of Digital/Online Media including Over the Top (OTT) Platforms under its ambit, according to the notification S.O. 4040(E) dated November 9, 2020, issued by the Government of India. Click here to know more
Direct Selling Companies to ensure compliance under Legal Metrology Act and Rules
The Deputy Director, Legal Metrology has issued a letter dated September 28, 2020 to the Direct Selling Entities with respect to the compliance of the provisions of the Legal Metrology Act, 2009 and Legal Metrology (Packaged Commodities) Rules, 2011. Click here to know more
Display calorie values menu cards India FSSAI
The Food Safety and Standards Authority of India (FSSAI) on August 21, 2020 issued a notification mandating the display of calorific value of food items on menu cards at various food service establishments from January 01, 2022. Click here to know more
GST registration after physical verification of business place if Aadhaar not authenticated
As per the fresh directions issued by the Central Board of Indirect Taxes and Customs (CBIC) vide Notification no. 62/2020, businesses willing to register under GST can choose to opt for Aadhaar authentication, in the absence of which registration would be granted after physical verification of the place of business. Click here to know more
Sanitizer business and its regulatory framework amidst COVID 19
The sudden outbreak of the novel COVID 19 virus has left a damaging impact all over the globe. The situation is such that even some of the developed countries are unable to find the cure for the virus and control its spread. 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. Click here to know more
Social Media Influencer – Legal Implications
In the recent past, social media marketing has witnessed an enormous increase. This has given birth to a bandwagon of social media influencers, who spend hours in creating content and doing various other activities such as endorsing, reviewing or advertising a brand. Influencer marketing can be understood as a type of marketing that focuses on using key leaders to drive the brand’s message to the larger market, rather than marketing directly to a large group of consumers, the brand instead inspire/hire/pay influencers to get out the word for it. Click here to know more
Emerging Frauds in the Digital World: How Perpetrators are using your name to defraud others!!
It is no doubt that the Age of Digitalization has made access to businesses and organizations easier, it has made it possible for us to conduct transactions worth lakhs from the comfort of your home. But how does a person, who pays his hard earned money, confirm that the bank account given to him/her for making money transaction is legitimate, that it was given to him/her by legitimate source? Click here to know more
External Commercial Borrowing and Foreign Investment: India
External Commercial Borrowing (ECB), as the expression hints, is the loan/ debt/ borrowings taken by an eligible entity in India for commercial purpose, externally i.e. from any recognized entity outside India. However, these borrowings taken must confirm with norms of the Reserve Bank of India (RBI). Click here to know more
IP Due Diligence in M&A- 4 points to consider
With the rapid growth in technology in the last two decades, the Mergers and Acquisitions (M&A) landscape has evolved drastically in India. In the modern day, technology assessment and Intellectual property due diligence has become an important part of 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. Click here to know more
Ibc Threshold-whether Prospective In Nature?
In the wake of COVID-19 pandemic, the Government of India vide Notification S.O. 1205(E) (“Notification”) dated March 24, 2020 raised the minimum threshold amount with respect to default in Corporate Insolvencies. Pursuant to Government’s notification, the threshold to initiate Corporate Insolvency Resolution Process (“CIRP”) has been raised to Rs. 1 Crore, from the earlier amount of Rs. 1 Lakh. However, one of the intrinsic issue that has arise post aforementioned notification is whether the notification effecting increase in threshold to trigger CIRP under the Insolvency and Bankruptcy Code, 2016 (IBC) is prospective or retrospective in nature. Click here to know more
Impleadment of MCA in every Insolvency and Company matters not mandatory- NCLAT
In a recent decision passed in Company Appeal (AT) (Insolvency) No. 1417 of 2019 , Union of India versus Oriental Bank of Commerce , the National Company Law Appellate Tribunal (NCLAT) set-aside the order of the Principal Bench of National Company Law Tribunal, New Delhi,(NCLT), whereby the NCLT directed mandatory impleadment of MCA (Ministry of Corporate Affairs) in all Insolvency and Company related matters. Click here to know more
Inadequately Stamped Arbitral Awards- Validity and Legal Consequences
Arbitration And Domestic Arbitral Award
Arbitration is a legal procedure to solve disputes, precisely commercial matters, outside court of law. Its functioning is analogous to judicial courts and arbitral awards are equally binding on contesting parties. Arbitration is gaining recognition and emerging businesses, companies are opting arbitration as a mode to resolve disputes. An arbitral award can be described as a formal and legal declaration and recognition of the merits of matter in dispute, by an arbitration tribunal which is equivalent to the judgment of judicial courts. Click here to know more
India: Advertisements in Insurance sector
Advertisements play an essential role in carving out the image of the entrepreneur in respect of the services it intends to offer. Not only the advertisements help in dissemination of information about the services, but they also help in convincing and thus attracting the consumers to the unique quality, standards and benefits being offered therein thus enhancing the sales of the provider. Click to know more
India: Legal Compliances for Infrared Thermometers
The sudden outbreak of the COVID 19 pandemic has surely left the entire global population baffled and anxious. As the primary symptoms of COVID 19 include flu like conditions, it becomes important to take down the temperature of the symptomatic as well as asymptomatic persons. Click to know more
Ministry eases deposit rules for Start-Ups- India
The Ministry of Corporate affairs (MCA) in consultation with the Reserve Bank of India (RBI) has issued a notification dated September 07, 2020, amending the Companies (Acceptance of Deposit) Rules, 2014, in order to provide more flexibility to Start-Ups to raise funds, especially during the pandemic. Click here to know more
The Ministry of Consumer Affairs released Draft Guidelines for Misleading Advertisements
Earlier, in the month of August 2020, the Ministry of Consumer Affairs (hereinafter referred to as ‘the Ministry’) announced that it will soon come up with draft guidelines aiming at regulating and keeping a check on misleading ads. Thereafter, the Ministry has released the draft guidelines taking its first step towards curbing misleading ads and with the aim of protecting the consumers, who may be exploited or affected by such advertisements. Click to know more
NCLAT allows Exit from CIRP- paves way for Out of Court Settlement
In a recent case, the National Company Law Appellate Tribunal (“NCLAT”) permitted exit or withdrawal from Corporate Insolvency Resolution Process (“CIRP”) after Interim Resolution Professional (“IRP”) was appointed and moratorium was imposed in the case. Click to know more
Online Gaming – a Profitable Venture in India
With over 18.9 crore monthly active users and 5.1 crore daily active users, it would not be wrong in saying that online Ludo has become the King – the LUDOKING. Click to know more
Online Gaming Advertisement Guidelines ASCI
It has been recently reported by an Indian Daily, that ASCI (Advertisements Standards Council of India) may introduce guidelines to provide a streamlined regulatory framework to ascertain that online games involving real money are being offered in a responsible manner. Click to know more
Parliament passes Bill to bring Co-operative Banks under RBI Supervision
The Banking Regulation (Amendment) Bill, 2020 was passed by Lok Sabha on September 16, 2020 and by Rajya Sabha on September 22, 2020. The Bill replaces Banking Regulation (Amendment) Ordinance, 2020 which was promulgated in June, 2020. The Bill seeks to amend Banking Regulation Act, 1949 and bring cooperative banks under the supervision of the Reserve Bank of India (RBI). Click to know more
Computer Programs Patentable if “Technical Effect” or “Technical
Computer Programs Patentable if “Technical Effect” or “Technical Contribution” demonstrated: Delhi High Court
In a recent case namely, Ferid Allani v. Union of India & ors., the Hon’ble High Court of Delhi has held that an invention even if based on a computer program demonstrates a “technical effect” or a “technical contribution” is patentable. Click to know more
Delhi High Court proposes Rules governing Patent Suits, 2020
The Hon’ble High Court of Delhi vide its public notice dated October 09, 2020, has notified that the Court is in the process of framing Rules under Section 158 of the Patents Act, 1970. Click to know more
Patents (Amendment) Rules, 2020- Comes into force!!
The Ministry of Commerce and Industry (Department for Protection of Industry and Internal Trade) vide its notification dated October 19, 2020 released the Patents (Amendment) Rules, 2020. Click to know more
THE GEOGRAPHICAL INDICATION
Geographical Indications of Goods (Registration and Protection) (Amendment) Rules, 2020- notified
The Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade) vide notification G.S.R. 528(E) dated 26th August, 2020 have amended the Geographical Indications of Goods (Registration and Protection) Rules, 2002. These rules will now be called the Geographical Indications of Goods (Registration and Protection) (Amendment) Rules, 2020 (hereinafter referred to as ‘GI Rules 2020’). Click here to know more
INTELLECTUAL PROPERTY MISCELLANEOUS
Intellectual Property Annual Report 2018-2019- Released!!
The Office of the Controller General of Patents, Designs and Trade Marks (hereinafter referred to as the ‘Office’), aims to meet requirements of constantly changing IP landscape and aspires to strengthen the culture of transparency, accountability and efficiency in its management. Click to know more
Intermediary Liability: SC says Intermediaries not Protected under Section 79 of IT Act from Defamation prior to 2009 Amendment
The Hon’ble Supreme Court vide its judgement dated December 10, 2019, has clarified the position of intermediaries under Section 79 of the Information Technology Act, 2000 (hereinafter referred to as ‘Act’) prior to its amendment. The Hon’ble Supreme Court addressed the aforesaid issue in the matter of Google India Pvt. Ltd. v. Vishakha Industries and anr. Click to know more