28 Oct 2020

The Government of India, Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade) vide its notification dated October 20, 2020, has published the Patents (Amendment) Rules, 2020 (hereinafter the “Amended Rules”) amending the Patents Rules, 2003 (hereinafter the “Principal Rules”). The amendment came into force from the date of the notification i.e. October 20, 2020. The highlights of the amendments are as follows:>>

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22 Oct 2020

Over the last few years, there have been talks by the government to reform the existing labour laws, which are mostly archaic, to make them compatible with current issues and needs of the labour market. In the Union Budget 2019, the Government has pushed ahead with such reforms and proposed to streamline over 44 central laws and over 100 State laws pertaining to labour into 4 major Labour Codes, with the objective of increasing the ‘ease of doing business’ and ‘Make in India’ initiatives. The Government hopes that by standardizing definitions, registrations, and filings, there would be less conflict and fewer reasons for disputes. The 4 Labour Codes passed by the Government in 2019 and more recently in September 2020 are as follows:>>

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21 Oct 2020

According to the World Health Organization (WHO), 38 million children under the age of 5 were overweight or obese in 2019 and over 340 million children and adolescents aged 5-19 were overweight or obese in 2016. The statistics are alarming because obesity is just one of the myriads of health problems that result from continuous consumption of a poor-quality diet high in junk food. Plus, obesity is an external manifestation of the problem, but the harmful effects of these zero-nutrition foods fester within the body and cause permanent damage. The repercussions are far worse when the habit is inculcated at a tender age. Junk food can cause memory and learning problems as well as fatigue and weakness among children. Further, advertisement specifically designed to influence young minds into making unhealthy choices is another grave cause of concern.>>

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19 Oct 2020

For us lawyers, the bulk of our interactions with clients and other stakeholders such as the courts, lawyers representing the other parties, the police, government officials etc. are now largely virtual as a direct result of the pandemic. In turn, this has increased our dependence on technology, reflected in terms of the quality of connectivity as well as familiarity with the digital platforms used. Naturally, all this impacts the quality of discussions and therefore, our ability to assist clients.>>

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16 Oct 2020

With constant technological innovation and dynamic transformation of related laws happening worldwide, the jurisprudence regarding reliance on evidence in electronic form is also evolving. Judges these days have demonstrated considerable perceptiveness towards the intrinsic ‘electronic’ nature of evidence, which includes insight regarding the admissibility of such evidence, and the interpretation of the law in relation to the manner in which electronic evidence can be brought and filed before the court.>>

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13 Oct 2020

The pendency of litigation and piling up of cases in courts was the necessity which led to the discovery of alternative dispute resolution mechanisms. These tools of dispute resolution are highly efficient, time-bound and cost-effective. Further, as the dispute resolution is amicable, the delicate and long-standing relationship of parties is preserved. It is for this reason separate tribunals are set up for arbitration, independent mediators can be appointed for mediation and a number of unaided negotiations take place between the parties for settlement of any disputes. Arbitration is also familiar as a form of private litigation as to some extent the formalized means of dispute resolution; witness examination, expert opinions and binding nature of the arbitral award well substantiate the fact. However, with enhanced remedial and appellate participation from the judiciary, the idea of ‘alternative’ dispute resolution seems to replicate a façade. The primeval legislation, Arbitration Act of 1940 provided for a triangular remedial set up, namely rectification, remission and setting aside of the arbitral award. This was narrowed down to remission and setting aside of the award in the subsequent Act, 1996.>>

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06 Aug 2020

Consumers, especially individuals and small buyers, who were at the short end of the bargain when it came to market operations can now seek respite in the new consumer law which significantly turns the table in their favour. Further, the rapid development of technology and e-commerce has posed considerable challenges to adequate protection of consumers’ rights. The Consumer Protection Act, 2019 (“Act”) acknowledges these challenges and marks the commencement of an era of consumer rights which are in tandem with the changing dynamics of the new-age consumer expectations thereby making consumers the king in the true sense. The Act was notified on 9th August, 2019 and it came into force on 20th July, 2020, repealing and replacing the Consumer Protection Act, 1986 (“earlier Act”). The Act aims at revamping the process of resolution and settlement of consumer disputes to make it timelier and more effective.>>

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07 May 2020

To mitigate the economic hardship caused due to COVID-19 pandemic and to facilitate ease of doing business, various efforts are being made by the Government of India. In furtherance of these initiatives, the Ministry of Corporate Affairs (“MCA”) has brought about certain relaxations for companies vide its general circular no. 13/2020 dated 30th March 2020 (“Circular”). The relaxation enables companies to regularize compliance related filing with the Registrar of Companies ( “Registrar”).>>

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04 May 2020

The term ‘Force majeure’ literally translates from French as ‘superior force’. It's a common clause in legal contracts that allows either party to limit their liability in the face of some unforeseeable, extraordinary event. In English, the term is often used in line with its literal French meaning, but it has other uses as well, including one that has roots in a principle of French law. It is related to the concept of an act of God, an event for which no party can be held accountable.>>

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