17 Jul 2015

Although India is an attractive market and investment destination, it is also true that foreign investors are daunted by the inordinate delays that occur in our legal system. The number of courts, judges and overall infrastructure is grossly inadequate relative to the volume of cases the system is called upon to adjudicate. It is estimated that more than 35 million cases are currently pending before various Indian courts. With this kind of pendency, it is not surprising that disposal of cases often takes several years (and even decades). The situation in countries such as Sri Lanka, Indonesia, Bangladesh, Pakistan etc. is not very different. Especially in commercial matters that often involve large sums of money and/or reputation, delays in obtaining verdicts have significant consequences for the parties involved.>>

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08 Jul 2015

Why organisations & celebrities are afraid of this domain!                                                                                                               During a recent trip to San Diego for one of the world’s biggest IP conferences, I, alongside of over 10k IP lawyers from over 100 countries, came across a newly launched gTLD (generic top level domain) named .sucks. The unique launch campaign which involved mainly students who stood around the city holding banners with just .sucks written on it and giving away condoms in nicely wrapped packets with .sucks printed on the wrapper. Mobile signage vans making the rounds across the city captured people’s attention and the curiosity grew because all the signage said was .sucks>>

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29 Jun 2015

For many years, the primary role of lawyers in most societies has been to assist clients in dealing with “legal issues”. While some “issues” were the result of actions taken by the clients themselves (whether individuals, families or corporate), others were caused by the actions of others. This role was well-suited to an environment where laws remained unchanged for long periods of time, and where there was clarity and unanimity on what constituted a “solution” to the problem at hand. Indeed, this stability in the legal and regulatory regime also limited the “creativity” that lawyers could bring to bear while addressing the issue- there were precedents to go by or other well-defined and generally accepted ways of dealing with the situation.>>

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26 Jun 2015

At its Board meeting held on June 23, 2015, SEBI approved the necessary changes in the Institutional Trading Platform (ITP) to simplify fund-raising by start-ups/new age companies. This is the logical outcome of the exercise initiated by SEBI on March 30, 2015 when it issued a discussion paper regarding a proposed alternative capital raising platform catering to start-ups/ “new-age” companies and invited comments from the public.>>

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10 Apr 2015

The recent incident at Fabindia Goa as reported in the media has again brought into focus the need to sensitize employees of all organizations about their responsibility to prevent sexual harassment of women at workplace. “Voyeurism” was not classified as a penal offence till an amendment in 2013 brought it within the ambit of criminal laws, with a minimum punishment of one year imprisonment (which may extend to three years). The incident even compelled the MD and CEO of Fabindia to obtain anticipatory bail.>>

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10 Apr 2015

Congratulations if your start-up’s fund raising plan has met all the six qualifiers necessary under SEBI’s proposed alternative capital raising platform for start-ups/ “new-age” companies (see previous blog that contains Part 1). Now is probably a good time to take stock of the other regulatory requirements that SEBI is looking to impose under the alternative platform. Relax- the new requirements are less stringent! This blog compares the proposed requirements for raising capital under the alternative capital raising platform with those that apply under the normal route, i.e. in accordance with SEBI (ICDR) Regulations, 2009.>>

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02 Apr 2015

 On March 30, 2015, SEBI issued a discussion paper on a proposed alternative capital raising platform (http://www.sebi.gov.in/cms/sebi_data/attachdocs/1427713523817.pdf) specially catering to start-ups/“new-age” companies. This is definitely a positive step by SEBI as it potentially offers a regulatory regime where start-ups can realize better valuations like in jurisdictions such as USA or Singapore,which have a head start in terms of a more conducive regulatory framework for start-ups to raise risk capital.>>

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24 Feb 2015

In recent years, Indian boxing has witnessed a series of controversial events, starting with the suspension of the erstwhile governing body, Indian Amateur Boxing Federation (IAB) . When the new governing body i.e. Boxing India (BI) was formed, there arose disagreements over its recognition by the Indian Olympic Association (IOA) . This was followed by another setback in the form of suspension of former world champion, Laishram Sarita Devi, a 2016 Rio Olympic medal hope for India, following her emotional outburst and refusal to accept the Bronze Medal at the 17th Asian Games held at Incheon in 2014 .>>

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30 Oct 2014

The Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce & Industry, Government of India, through a press release dated 22nd October 2014 announced setting up an IPR Think Tank to draft a National Intellectual Property Rights Policy and to advise it on IPR issues. The committee will also give its views/opinions on possible implications of demands placed by negotiating partner countries. This becomes essential especially when India and the US are trying to find a common ground on the prickly IPR issues in the working group to be set up under the bilateral trade policy forum.>>

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