19 Jul 2019

Recurrent cases of insider trading in eminent corporates has necessitated periodic updation of regulations to meet the needs of the ever-evolving market. The social culture of casually discussing or watsapping Unpublished Price Sensitive Information (UPSI), that is not only difficult to track but also poses evidentiary challenge in the court, needed immediate overhauling. Further, placing all the investors trading in the secondary market on equal footing to ensure symmetrical flow of information among them is exemplar of the non-partisan philosophy that the regulatory authority strives to establish. Towards this objective, the Securities and Exchange Board of India (SEBI), on the recommendations of Shri T. K. Vishwanathan’s Committee on Fair Market Conduct, introduced a myriad of changes through an amendment to the SEBI (Prohibition of Insider Trading) Regulations, 2015 which came into effect in April 2019. Notwithstanding the earnest intention behind the modifications, the amendments are not infallible and could encounter a lot of implementation challenge.>>

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28 Jun 2019

The erratic development in the Real Estate Sector, both in the literal as well as the legal sense, has been a continuous cause of concern for all stakeholders involved. While developers are reeling under the pressures of declining demand, homebuyers are apprehensive about investing their hard-earned income in a shady deal. The snail speed exhibited in the progression of construction projects, misappropriation of funds by developers and delay in handing over of possession to naïve purchasers have been particularly troubling.>>

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11 Jun 2019

The Department for Promotion of Industry and Internal Trade vide their press statement dated 30th May 2019 has proposed to introduce the Copyright Amendment Rules, 2019[1] (hereinafter “Rules”) primarily to address and adapt to ongoing technological advancements in the digital era and to bring them in parity with other relevant legislations. The draft rules are open until 29th June 2019 for objections and suggestions by all persons likely to be affected by it. The Copyright Rules, 2013 were last amended in 2016.>>

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06 Jun 2019

The Government of India, Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade) vide its notification dated May 31, 2019, has published the draft Patents (Amendment) Rules, 2019[i] (hereinafter the “Rules”) which is now open to the Public for objections or suggestions, if any.>>

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03 Jan 2019

The Department of Industrial Policy & Promotion (DIPP) released a Press Note on 26th December, 2018 (“Press Note”), which brought out major changes to foreign investment in E-Commerce Sector. The changes made, which have been slated to be brought into effect from 1st February, 2019, will trigger a significant shake-up for the major e-com players like Amazon and Flipkart.>>

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09 Oct 2018

The Companies (Prospectus and Allotment of Securities) Third Amendment Rules, 2018 (hereinafter “Rule(s)”) was published in the official gazette on 10th September, 2018 which is effective from 02nd October 2018. According to the Rules, the Ministry of Corporate Affairs, Govt. of India (hereinafter “MCA”) has mandated that every unlisted public company shall issue its securities only in dematerialised form and shall dematerialise all its existing securities as well.>>

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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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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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