Maps make stories easier to understand. Whether it is history, geography or political science, a map can break down complex details into a simple picture, and bring immediate clarity. The boundaries depicted by a map are often fundamental to the story. As a result, the accuracy of maps is of particular concern, and often requires navigating legal and regulatory paths to avoid argument and controversy. This note offers a brief look at the issues that private publishers must keep in mind when publishing maps
In January 2009, India witnessed one of its biggest corporate scandals - the ‘Satyam scandal’ also referred to as ‘India’s Enron’. Satyam Computers Services Limited ("SCSL") was under the microscope for fraudulent activity and misrepresentation of its accounts to its board, stock exchanges, regulators, investors and all other stakeholders. Thereafter, shareholders of SCSL, approximately 300,000 were unsuccessful in claiming damages worth millions due to the absence of the provision for filing a class action suit under the Companies Act, 1956.American investors on the other hand were able to claim their part of damages in the US courts through a class action suit against SCSL.
If one were to be asked whether Dim Sum, Matador, Samurai, Kangaroo, Maple and Bull Dog share anything in common, one would be hard-pressed for an appropriate reply.To answer the question posed, the above are all international bonds. International bonds are debt investment instruments issued in a country by a non-domestic entity, in the currency of that non-domestic country. These bonds have been colourfully named, as demonstrated, to evoke an association with their home country. “Dim-Sum” bonds are the Chinese variant, the Japanese version are the lofty “Samurai” bonds, and one can probably guess which countries Matador, Maple and Kangaroo belong to.
On May 1st, 2019, the Ministry of Corporate Affairs ("MCA") released e-form MSME 1 ("MSME 1"), requiring all companies obtaining supplies of goods/ services from micro and small enterprises ("Enterprises") and whose respective payments to such Enterprises exceed forty-five days from the date of acceptance or the date of deemed acceptance of such goods/ services to file MSME 1, by 30th May, 2019.
Patents are granted for inventions that are new, include an inventive step and are capable of industrial application. An element of human contribution and “inventiveness” are required for patentability. The body of scientific knowledge received by any generation is a combination of invention and discovery, but there is a fine line between the two, and the distinction is not always clear. In this note, we examine the patentability of discoveries in Europe, the United States, and India to understand this distinction in the context of “naturally occurring substances”.
If a tale of poison pills, dawn raids and shark repellents were to be narrated, one could reasonably assume that the tale would feature at least one jaded well-heeled spy. And it would not fall very far from the truth, as hostile takeovers have typically been imbued with the intrigue of a classic thriller.
The Literature Nobel Prize Winner, Jose Saramago, from Portugal, is reported to have said, “Writers make national literature, while translators make universal literature.” Truly, some of the greatest works in literature, both Indian and foreign, would have remained alien to us had it not been for translations. Anna Karenina, Don Quixote, Madame Bovary, One Hundred Years of Solitude, Raag Darbari, One Part Woman… these are just some examples. As the Indian literary market gets increasingly flooded with translations into English, and cross-translations across other Indian languages, interesting questions emerge for both publishers and authors.
Over the years, a large number of patents have been granted for antibodies all over the world. The world is also seeing a shift towards biologic based drugs. Most of the top-selling drugs in 2018 were monoclonal antibodies with HUMIRA® leading the list. With the progress in the art and growing case law in this area, the criteria for patentability of antibodies are becoming increasingly strict, with restrictions on the scope of the claims.
In a caricatured simplified world, there are three broad sources of finance: equity, debt, and borrowing. In each case, in terms of origin, funds can come from domestic and foreign sources. Interestingly, when one looks at Balance of Payments (BoP) representation of a country, it majorly comprises of the following two components: investments and borrowing.
In what has been termed a “defamation blitz”, an Indian corporate house has filed at least 28 defamation suits in courts since January 2018, targetting media and publishing houses, journalists, authors and politicians. Four companies under the Reliance Group have filed these suits objecting to content and reportage published about the company’s commercial activities. This is part of a larger trend in India around defamation suits which raises many questions for publishing houses and authors.
The branding of a new drug by pharmaceutical companies is a crucial decision for the success of that drug in the market. However, the present regulatory regime in India does not provide any rules or guidelines for selecting a brand/ trade name for a pharmaceutical drug in India. Often, the absence of such guidelines leads to fly-by-night operators or smaller traders attempting to brand their products as closely as possible to the trademark of a reputed drug, even if they do not share characteristics or have the same active ingredient(s). This creates confusion amongst health professionals and pharmacists alike, which further has the potential to endanger the lives of patients and consumers.
The Madras High Court earlier this year rejected a writ petition filed against a patent owned by Kibow Biotech Inc. for a dietary supplement that aids in the carrying out of the kidney function, for reasons, among others, that there was no expert evidence led to support the case. The validity of the patent was challenged primarily under Section 3(e) of the Patents Act, i.e., on grounds that it was “a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance”.