07 Feb 2018

The year of 2017 saw some major developments in the Indian Copyright system, of which the merger of the Copyright Board with the Intellectual Property Appellate Board (“IPAB”) through the Finance Act, 2017 (came into force on 1st April 2017) was a significant highlight. As part of the Finance Act, 2017, certain sections of the The Copyright Act, 1957 (hereinafter, “the Act”) and The Trade Marks Act, 1999, were also amended, to primarily replace the Copyright Board with the Appellate Board, and related references, with a view to create a single forum.   >>

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06 Feb 2018

Consultation Paper issued by SEBI, proposing to bring Amendments to the SEBI (Investment Advisers) Regulations, 2013

Securities and Exchange Board of India (SEBI) has issued a consultation paper on January 02, 2018 as a precursor, before introducing amendments to SEBI (Investment Advisers) Regulations, 2013. The primarily it intends to address the issue of “conflict of interest” while “advising” on investment products and simultaneously “selling” of investment products.>>

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02 Feb 2018

Patent Related Developments in 2017

The year 2017 saw several positive changes to India’s IP landscape. These include the Government’s efforts to promote IP protection and awareness, DIPP’s scheme of Modernization and Strengthening of Intellectual Property Offices[1], steps taken by office of the Controller General of Patents, Designs and Trademarks (CGPDTM) to streamline the process of filing and prosecution, and issuing of revised guidelines for examination of Computer Related Inventions. Further, Indian courts too interpreted patent laws more liberally than before.>>

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24 Jan 2018

Insolvency Resolution Process: Enhanced Checks and Balances

The Insolvency Resolution process regulation were recently amended[1] to ensure that resolution plan proposed for Corporate persons under Insolvency & Bankruptcy Code, 2016 (“Insolvency Code”) shall contain certain details of resolution applicant and other connected person to assess the credibility of such persons. Further, the amended regulation also provided for submission of all resolution plans to the Creditors committee along with the details of preferential transaction, undervalued transactions, extortionate credit transactions and fraudulent transactions to enable the Creditors’ committee to make an informed decision.>>

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12 Oct 2017

What you need to know about peer to peer (p2p) lending platforms:

Master directions by Reserve Bank of India (RBI)

Reserve Bank of India (RBI) on Oct. 4, 2017 issued a Master Direction[1] regarding the various registration/eligibility/compliance norms for P2P Lending Platforms which was a follow up action to the notification[2]  issued on 24 August, 2017 wherein RBI specified that a “non-banking institution that carries on the business of a peer to peer lending platform to be a Non-Banking Financial Company (“NBFC”).”>>

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25 Sep 2017

RBI Notifications On Peer To Peer Lending Platforms: More Confusion Than Clarity

Financial Newspapers (Sept.  21, 2017 edition) were widely reporting about the latest notification[1] issued by Reserve Bank of India which specified that a “non-banking institution that carries on the business of a peer to peer lending platform to be a Non-Banking Financial Company (“NBFC”).”>>

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21 Sep 2017

The Supreme Court of India (“SC”) recently delivered its first judgment [1] under the Insolvency and Bankruptcy Code (“IBC”) wherein SC has delved into (i) the circumstances which led to promulgation of the IBC and the legislative intent behind its promulgation; (ii) an in-depth examination of the provisions of the IBC relating to the Insolvency Resolution Process (“Resolution Process”) and (iii) the principles of repugnancy vis-à-vis IBC and State law. >>

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23 Aug 2017

The enactment of the Trade Marks Rules, 2017, has paved the way for formal registration of “well-known” Marks in India. Although India did recognise Well-Known marks earlier (through its Trade Marks Act, 1999, which came into force on September 15, 2003), there was no provision for their formal registration. After the 1999 Act, the Indian Trademark Registry made efforts to consolidate marks that, over a period of time, were recognised as “well-known” by various Courts, Tribunals, Registrar etc. and made available this list online which has 81 “well-known” marks. >>

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