Law updates in India during Covid- 19
Internet Broadcasting Organization and Statutory License under Section 31D of Copyright Act
For past few months, one of the major debates and conflicts under the copyright laws of India, is with respect to the question “Whether online-internet platforms are covered under the scope of Section 31D of the Copyright Act 1957 ?.” This issue which appears to have a very simple answer, is however very complicated if Section 31D is carefully analyzed. In this interesting article, the authors render an in-depth analysis of regulatory framework and case laws pertaining to the issue in question. Read Full story here. GST in the Publishing Industry
As per the current tax status, no GST is applicable for all kinds of printed books. While it is a relaxation conferred upon the reader, publishers and printers are not exempt from it. Therefore, the applicable amount of GST has to be borne by the publisher and since there is no GST levied on printed books, the publisher is unable to recover the GST amount paid by him. The authors in this article while explaining the various intricacies of imposition of GST on printed books also deliberate as to how imposition of GST might curb the offence of piracy of books. Read Full story here.Reverse Domain Hijacking: Care-full who you Pick!!
The article is a case analysis of the recent domain dispute case: Religare Health Insurance Company Limited vs. Name Administration Inc. /Domain Administration. The authors pen down as to how cybersquatting has become a growing malady in the world of Intellectual Property offences. Read Full story here.PROs and CONs of Arbitration vis-a-vis Litigation: An Analysis
In the course of dispute settlement, a question that usually arises before an individual is whether to arbitrate or litigate in the Court? For many years, the conventional wisdom had been that arbitration as a dispute resolution mechanism, offered and promised to be superior to a Court of Litigation because of supposed cost savings, confidentiality, faster results, and more flexibility. Conversely, the question that requires contemplation today is, whether the said promise of arbitration is real or only illusory.
In this engaging read, the authors compare the PROs and CONs of Arbitration and Litigation and also illustrate as to which mode of dispute resolution is more cost-effective in various jurisdictions.
Read Full story here.Delhi High Court grants Anti-suit Injunction to HT Media
In a recent case, the High Court of Delhi, wherein the Court granted an anti-suit injunction order to HT Media Limited in HT Media Limited & Anr V. Brainlink International, INC. & Anr. against a Declaratory Suit filed by a New York-based Corporation before a US District Court. The Court’s ruling in the case although at an interim stage, brings forth legal questions as to the personal amenability of the American Defendants before the Delhi High Court. Read full story here. Emerging Frauds in the Digital World: How Perpetrators are using your name to defraud others!!
The method of conducting cyber fraud that the article discusses is impersonation and its effects on the organizations, which are being impersonated along with how a fraudster hides behind the web of phone numbers, email addresses and bank accounts to evade the authorities. The authors in this engaging read also highlight some basic due diligence which the members of the general public can refer to make sure that they don’t fall prey to such unsocial activities.Read Full story here. Jio- Facebook deal- Competition Commission of India
Recently, Facebook has acquired 9.99% stake in Reliance Jio for INR 43,574 crore (USD 5.7 Billion). The investment by Facebook is the largest ever foreign Direct Investment (FDI) deal in the Indian technology sector thus far. The Jio- Facebook deal comes as a major blow to other players in the market because of the huge amount of data possessed by these two companies. In this article, the authors discuss three major aspects of the deal that the CCI may have to look upon. Read Full story here. ‘Bois Locker Room’ controversy and the Issue of Intermediary Liability
TA very harrowing incident was brought to notice on May 04, 2020 when a set of boys, mostly school going teenagers ranging between the age group 13-18 years, were found to be hosting a virtual group under the name ‘Bois Locker Room’ on Instagram. Following the incident, numerous questions have been raised and also a petition has been filed with the Delhi High Court questioning the liability of social media platforms in such cases. The article herein discusses the regulatory framework governing intermediary liability in India. Read full story here.
COVID-19 UPDATE- INDIA
Vaccination, Coronavirus and Intellectual Property Rights
The pharmaceutical companies across the globe are working together to develop therapeutic drugs and vaccines for the treatment of novel coronavirus. In this article, the authors while accentuating on the Patents trends related to therapeutic drugs and vaccines during a disease outbreak also discuss as to how several global pharmaceutical companies are working in collaboration with research institutes for the development of vaccines to fight the COVID-19 outbreak. Read Full story here. Lockdown – A potential for the online gaming industry!!
The outbreak of the pandemic and subsequent lockdown has severely disrupted several sectors, however in these times of crisis the sector that has been attracting eye balls is the online gaming industry. Post the outbreak of pandemic and subsequent lockdown, several reports have surfaced which indicate a boom in the online gaming industry. The article herein discusses the various laws and regulations governing the regime of online gaming in India and also provide an insight into the provisions for obtaining license for online gaming portals in India Read full story here. COVID-19 AND NEW EXEMPTIONS UNDER THE ANTITRUST LAWS – A GLOBAL OVERVIEW
Companies across countless industries would be required to modify their businesses and its strategies as they navigate the economic effects of the present pandemic. For a few, it would/may mean reducing output and employee compensation. For others, it may just mean and require focusing on retail rather than the distributor channels. Considering the present circumstances, the Governments around the globe have released various Support Schemes to protect the citizens generally, as also various industries, the economy, the employers and the employees. The article herein lists down the various exemptions and guidelines announced by nations across the world under the Antitrust law. Read Full story here. Misinformation and COVID-19: An analysis
In the current uncertain times of a global pandemic, anything that adds deliberate fuel to such uncertainties must be curbed at all costs. Misinformation or disinformation when the world is put under a lockdown has become fairly common and is causing severe damage to the public health and welfare, so much so that it is being dubbed and recognised as an “Infodemic” globally. The authors in this article while highlighting the incidents of misinformation in these unprecedented times, pen down various guidelines issued by appropriate government agencies towards tackling the menace of misinformation amidst COVID-19. Read full story here. Impact of COVID-19 on Start-ups
COVID-19 has adversely impacted the overall investment sector. While businesses across all sectors can sense the repercussions of COVID-19, start-ups have particularly been one of the most vulnerable, and in fact, are facing various formidable challenges. In this article, the authors share the notes and guidance issued for start-ups and also highlight the various schemes floated by government agencies for start-ups. Read full story here.India: Insolvency in times of COVID-19
Several businesses are now struggling to exist as their functioning has been temporarily terminated. Amongst various other things employers are unable to maintain their employees, premises, etc. As the business operations are completely at halt, creditors now can be found lining up for repayments. In view thereof, certain relief measures have been introduced by the government to ensure sustenance of businesses and prevent them from becoming insolvent. In this article, the authors deliberate on the various insolvency relief measures announced by the Government amid the COVID-19 crisis.Read full story here. AGMs THROUGH VIDEO CONFERENCES- PERMITTED BY MCA
On April 08, 2020, the Ministry of Corporate Affairs (“MCA”), issued a Circular[1] (“EGM Circular I”), which when read with the Ministry’s subsequent Circular[2] dated April 13, 2020 (“EGM Circular II”), has permitted companies to hold extraordinary general meetings (“EGM”) through video conferences or other audio visual means. The article herein discusses the various requirements for holding of AGM through video conferencing. Read full story here.