17 Sep 2018

The status of the Home buyers under Insolvency and Bankruptcy Code (IBC) has been puzzling adjudicating authorities. The question was brought to forefront in public interest writ petition filed before Supreme Court[1] seeking relief for home buyers in Jaypee insolvency matter[2].  Apex Court initially granted stay and later directed that resolution plan should protect the interest of home buyers.>>

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07 Sep 2018

The Ministry of Civil Aviation of Government of India on 27th August 2018 issued Civil Aviation Requirements (CAR) for drones announced as Drone Regulations 1.0.  This Requirements would be effective from 1st December 2018.  The purpose of this regulation is to enable safe and commercial usage of civil drones, and is titled “Requirements for operation of civil remotely piloted aircraft systems (RPAS).  The erstwhile position of the Government by a notice dated 7th October 2014 was that Drones were banned.  Thereafter, draft of the drone Requirements was issued by DGCA on 21/04/2016 and thereafter on 01/11/2017.  With this Civil Aviation Requirements, private and commercial operation of drones are legal with a “No permission, no take off” policy.>>

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06 Sep 2018

The genesis of Foreign Portfolio Investor (FPI) can be traced to SEBI (Foreign Portfolio Investors) Regulations, 2014 (FPI Regulations). FPI Regulations consolidated the investments of foreigners in Indian Capital Market which was till then scattered under Foreign Institutional Investors and Qualified Foreign Investor route. The object clause of the FPI Regulations state that it is to put in place a framework for registration and procedures with regard to foreign investors who propose to make portfolio investment in India.>>

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04 Sep 2018

In a recent case of Disney Enterprises, Inc. and Ors. vs. Pankaj Aggarwal and Ors. [CS (Comm.) 449/2016, I.A. 2107/2014 and I.A. 2110/2014], the Delhi High Court dealt with the issue of character merchandising and upheld that the use of the character “Lightning McQueen” violated the copyrights of Disney (Plaintiff) and also the rights in the character.>>

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21 Aug 2018

In a recent Trademark infringement matter, the Delhi High Court has held that in order to qualify as infringement under Section 29(5) of the Trademarks Act, 1999 (“Act”) there has to be exact use of the registered mark and mere use of a prefix/suffix would not amount to infringement. The Court was hearing a trademark infringement matter wherein the defendant had used a word “MERCYKIND” as part of its trade name which was allegedly similar to that of Plaintiff’s registered trademark “Mankind”.>>

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06 Aug 2018

Yet another attempt has been made by the legislative authorities to reduce the number of frivolous cases and expedite the disposal of cases on dishonour of cheques by amending the Negotiable Instruments Act, 1881 (“Act”) to provide interim relief to the genuine/bona-fide complaints. The amendment is an attempt to help trade and commerce in general by allowing lending institutions, including banks, to continue to extend financial support to the productive sectors of economy.>>

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09 May 2018

The Department of Telecommunication has released the Draft National Digital Communications Policy[i] (“The Policy”) on the May 1st 2018, and has invited public comments on the same. This policy aims to accomplish objectives such as broadband for all, creating 4 million additional jobs, enhancing contribution to GDP, achieve better ranking in ICT index, provide digital sovereignty and such other goals by 2022.  In pursuit of India’s transition to a digitally empowered economy and society, the policy envisages following three missions:>>

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