05 Sep 2019

Centuries of subversion has pushed Indian women into a degenerative backslide and their emancipation depends largely on favourable legislation and their effective implementation. Stridhana is a respite for the economic uncertainty that most woman face in India created through their confinement to non-quantified housework. It is a practical solution that harmonizes gender disparity by weeding out the financial difference in a matrimonial arrangement. However, it is distressing that most women are unaware of such a crucial piece of legislation adopted for their empowerment. Moreover, in a country obsessed with male dominance, the idea of Stridhana is either alien to the lower strata or confused with dowry in the upper sections of the society.>>

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03 Sep 2019

With a view to attract further foreign investments into India, especially considering the slow-down in the Indian economy, the Reserve Bank of India (RBI) brought out certain relaxations on the end-use restrictions placed on External Commercial Borrowings[1] vide Circular RBI/2019-20/20 A.P. (DIR Series) Circular No. 04 dated 30th July, 2019[2] (hereinafter ‘the Circular’). Transactions on account of External Commercial Borrowings (ECB) and Trade Credit (TC) are governed by Section 6(3)(d) of the Foreign Exchange Management Act, 1999 (FEMA). In furtherance thereto, the RBI had brought out the ‘Master Direction - External Commercial Borrowings, Trade Credits and Structured Obligations’[3] which encapsulates the detailed provisions and stipulations in relation to ECB.>>

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23 Aug 2019

Increased IP awareness and the consequent surge in the rate of patent filings have failed to deliver on the effectiveness quotient of IP enforcement in the market. This has necessitated thorough scrutiny by the Indian Patent Office (IPO) to deter applicants from getting grant on inventions that might not be able to stand a trail in the Court of Law if its discussed. Therefore, drafting a patent application (specification) plays a crucial role in the success of an invention. From acceptance to infringement actions, the content and quality of the draft determine the fate of the invention. An inventor may know his invention well but might not be able to explain it in a manner compliant to the requirement of the patent office. In such scenario, professional assistance from an experienced patent practitioner is sought and it is expected of them to understand the technical complexity of the invention at hand and have the desired foreseeability to help the invention survive the various tests >>

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16 Aug 2019

The Hon’ble Supreme Court, in a recent judgement, answered the question of whether “special allowances” would fall within the expression “basic wages” for Provident Fund (PF) contribution in the affirmative. Interpreting the provisions of Employees Provident Funds and Miscellaneous Provisions Act, 1952 (“PF Act”) as a beneficial social welfare legislation, the Court affirmed the PF authorities’ factual conclusion that the allowances in question were essentially a part of the basic wage camouflaged as part of an allowance so as to avoid deduction and contribution to the provident fund account of the employees. In essence, the Court reiterated the principle laid down in prior rulings that where the wage is universally, necessarily and ordinarily paid to all across the board, such emoluments are basic wages and employers had to expressly prove the special treatment in the special allowance for it to be kept out of the purview of calculations for PF purposes.>>

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09 Aug 2019

A conducive intellectual property (IP) environment and facilitation of innovation ecosystem have furthered India’s ranking in international indices. Similarly, in the domestic scenario, increased awareness, expanding business incentives and administrative reforms have shown marked progress in the Indian IP regime. The Annual Report 2017-2018 which was recently released by the Office of the Controller General of Patents, Designs and Trademarks (CGPDTM)[i] establishes, through statistics, the improvement that the office has seen in the past year. Through this post, we look at the headway the office has made in its patent activity in the reported year.>>

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07 Aug 2019

The looming crisis concerning Non-Banking Financial Companies (NBFC) necessitated some quick action on the part of the government to stabilize the shaking consumer confidence on the shadow banking sector. Although scholars are still confident of the sector’s performance as a whole but delayed disbursement caused by liquidity crunch was seen as a cause of concern that required quick redressal to attain balance.  >>

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