articles
International Trade & WTO
“Reasonable Period of Time” for implementation of rulings and recommendations by DSB
28 April 2020
In the International trade scenario, World Trade Organization (“WTO”) provides an operating framework which facilitates free trade between its member-countries. The Dispute Settlement Understanding (“DSU”) is a legal text containing the rules for dispute settlement in the WTO. The Dispute Settlement Body (“DSB”) comprising of representatives of all WTO Members, administers the DSU and is responsible for overseeing the entire dispute settlement process.
Corporate
FDI Policy revised to curb opportunistic takeovers
20 April 2020
The extant COVID-19 pandemic has been plaguing individuals and industries alike. The Government of India has, with a view to curb opportunistic takeovers/acquisitions of Indian companies due to the COVID-19 pandemic, reviewed and revised the extant foreign direct investment (“FDI”) policy dated August 28, 2017 (“FDI Policy”), issued by the Department for Promotions of Industry and Internal Trade (“DPIIT”) vide press note 3 of 2020 dated April 17, 2020
Direct Tax
Equalization Levy - An approach to implement Digital Taxation Policy by India
20 April 2020
Business environment has undergone a drastic change i.e. from the traditional ‘physical system’ to the modern ‘digital system’. With user/ consumer facing countries devising measures to tax digital businesses, the International tax landscape is certainly undergoing a renovation.
Regulatory Laws
Regulatory aspects of Blood plasma therapy in COVID-19 scenario – Should we have woken up earlier?
14 April 2020
Indian Council of Medical Research (hereinafter referred as the ‘ICMR’) has recently come up with letter of intent inviting hospitals and institutions to participate in randomized controlled study of Therapeutic Plasma Exchange in critically infected covid-19 patients. This is also being referred to as the ‘Convalescent Plasma Therapy’.
Intellectual Property Rights
No Trade Secret protection over patented know-how
14 April 2020
A Single Judge of the Delhi High Court, in March 2020, examined whether trade secret protection can be granted to know-how with respect to a particular invention that has been patented outside India, in the case of Prof. Dr. Claudio de Simone &Anr. v. ActialFarmaceuticaSrl. (formerly known as CD Investment Srl.) &Ors. The Plaintiffs, Professor Dr. Claudio De Simone (Plaintiff no.1); and Next Gen Pharma India Pvt. Ltd.
Competition Law
Competition Law at the NCLAT: A Three Year Round - Up
14 April 2020
In an effort to streamline the functioning of tribunals in India, the Finance Act, 2017 brought appeals filed against the orders of the Competition Commission of India (CCI)under the Competition Act, 2002 (CompetitionAct) within the purview of the National Company Law Appellate Tribunal (NCLAT).
Competition Law
Competition Law in the time of COVID-19
10 April 2020
Businesses across the world have been impacted by the global pandemic, COVID – 19 and State measures have brought many economies to a standstill. It is inevitable that the next few months are going to present new challenges to businesses.While certain industries such as airlines, entertainment, hotels etc. will struggle to get back on their feet, essential commodities, pharmaceuticals and healthcare providers will be strained with unprecedented demand.
Corporate Advisory
Coronavirus: Employer and Employee Relationship
09 April 2020
Coronavirus, which originated from the Wuhan district of China, has been declared as a health emergency of international concern by the World Health Organization on January 30, 2020. The outbreak of the novel Coronavirus Disease (“COVID-19”) has transcended geographical barriers and already sickened approximately 15,00,00 people, with more than 85,000 deaths across the globe.
Corporate Advisory
COVID-19 & Sporting Events: Impact Analysis
09 April 2020
The global sports market is an estimated $600 billion industry1, comprising of infrastructure, events, training, manufacturing and retail. The scale and revenue-generating opportunities are most visible during marquee international sporting events.
Corporate Advisory
COVID-19 – Analysis of Price Fixation Orders under Essential Commodities Act
07 April 2020
As the country went into the lockdown, the authorities had a task of keeping supply chains of commodities like masks and sanitizers, active and running - the products essential in the country’s fight against the pandemic Covid-19. Further, the new-found demand for sanitizers and masks also initially led to an increase in their prices. Whereas, the availability of masks and sanitizers of right quality and right prices is essential in combating pandemic Covid19.
Direct Tax
Implications of the General Motors Overseas Corporation case
06 April 2020
The recent decision of the Mumbai Income Tax Appellate Tribunal (“ITAT”) in the General Motors Overseas Corporation case has laid new ground in the law relating to secondments. In this update, we shall discuss the facts of the case, arguments raised before the ITAT and the implications of the decision.
Corporate Advisory
Companies Fresh Start Scheme, 2020
06 April 2020
Upon representations by various stakeholders and in the interest of all companies, the Ministry of Corporate Aairs (“MCA”) recently came out with the Companies Fresh Start Scheme, 2020. The purpose of the said scheme is to condone the delay in filing of documents and provide a one-time waiver to companies from prosecution and imposition of additional fee, in order to enable such companies to file all their documents.
Corporate Advisory
LLP Settlement Scheme
06 April 2020
Upon representations by various stakeholders and in the interest of all limited liability partnerships (“LLPs”), the Ministry of Corporate Aairs (“MCA”) recently came out with the LLP Settlement Scheme 2020. The purpose of the scheme is to condone the delay in filing of documents and provide a one-time waiver to LLPs from prosecution and imposition of additional fee, in order to enable LLPs to file all their documents.
Customs
Impact of Coronavirus Lockdown
03 April 2020
Due to Novel COVID-19, partial / complete lockdown has been imposed in various countries across the world. The Hon’ble Prime Minister of India on March 23, 2020 announced a complete lockdown throughout the country for 21 days, as a preventive measure to slow down the spreading of the virus.
Commercial litigation
Revisiting Contractual Theory and Obligations in the Times of COVID-19
30 March 2020
Amongst other objectives, contracts are about the allocation of risksbetween contracting parties. Risks that may hinder or absolutely obviate the possibility performance are therefore addressed, either by parties themselves in the contract, or by the legal rule of frustration of contracts.
Intellectual Property Rights
COVID-19: IPR Statutory Updates
30 March 2020
In view of the recent COVID-19 outbreak, various Constitutional Courts as well as statutory bodies related to Intellectual Property Laws in India have announced several relief measures for the stakeholders. The said measures have been detailed hereinbelow, along with their implications.
International Trade & WTO
Circumvention provisions relating to anti-dumping duty – Analysis of recent amendments
27 March 2020
Trade Remedy measures act as a shield for the domestic industries of importing countries, since they curb excessive and unfair imports into the country and allow healthy competition to exist. Since anti-dumping and countervailing duties target unfair imports, they are imposed on imports of specific goods ‘originating in or exported from’ specific countries.
COVID-19: Statutory and Regulatory Updates for Companies
26 March 2020
On March 24, 2020, the Finance Minister announced several relief measures across sectors, relating to Statutory and Regulatory compliance matters, in view of the COVID-19 outbreak in the country. The main relief measures have been detailed below, along with their implications for businesses.
Customs
Aircraft lease transaction – Not a lease of life
24 March 2020
Considering that nowadays airlines industry is almost always in the news for one reason or another, this may be the best time to highlight one of the issues being faced by this industry.