Authors Posts by Obhan&Associates

Obhan&Associates

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The Supreme Court Blackballed Ex-related Parties from the Committee of Creditors

The Supreme Court, recently, in the case of Phoenix Arc Private Limited v. Spade Financial Services Limited, held that the intent of Sec. 21 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) will be defeated if related parties are just determined “in presaenti” i.e., on the present basis. ...

Deregulation and Liberalization of Geospatial Data and Maps in India

The Government of India has liberalized the regulatory framework governing geospatial data, including maps in India through guidelines released by the Department of Science and Technology (“DST”) on February 15, 2021. ...

The War of the Soaps on a pH Scale: HUL vs Sebamed

In an advertisement war against consumer goods major Hindustan Unilever Limited (HUL), a competing company, USV Private Limited, has dragged the former’s well-known brands Lux, Pears, Dove and Rin in an “open pH challenge”. USV’s advertising strategy has shaken up India’s affordable soap market that was otherwise confidently relying on lucrative advertisements by movie stars without any reference to scientific data. ...

Pre-packed and Ready to Deploy

It is safe to say that the Insolvency and Bankruptcy Code, 2016 ("IBC" or "Code") and the regime it has spawned, has effected a complete turnaround in the way insolvency and liquidation proceedings were dealt with in India. The IBC has quickly become the preferred route for creditors and debtors alike, with stakeholders lauding the efficiency of the Code. ...

NEW RULES GOVERNING CORPORATE SOCIAL RESPONSIBILITY

On January 22, 2021, the Government of India brought into effect the Companies (Corporate Social Responsibility Policy) Amendment Rules, 2021 (“Rules”). The Rules amended the exiting Companies (Corporate Social Responsibility Policy) Rules, 2014 (“Existing Rules”). ...

Startups and small entities in India to reap benefits under new Design Rules

India’s newest amendments to its Design Rules will hugely benefit startups and small entities seeking to obtain design registrations. The amended Design Rules now recognize “Startups” as a separate category of applicants and have reduced the overall filing and prosecution fees for small entities. ...

India formally adopts Locarno Classification for Designs

Six months after it became a signatory to the Locarno Agreement (which establishes a classification for industrial designs), on 25 January 2021, India notified the Design (Amendment) Rules, 2021 to formally adopt the “Locarno Classification”. ...

Plant Variety Authority attempts to curb Farmers’ Rights

In 2019, the multinational food and beverage major, PepsiCo sued a group of farmers in Gujarat, India, for ‘infringing’ a potato variety that it had registered under the Protection of Plant Varieties and Farmers’ Rights Act, 2001 (the Act). Predictably, this suit caused an uproar, highlighting the ambiguity in the Indian law on farmers rights, and revived debates on whether farmers can be sued for infringing plant variety registrations. ...

Trial by Media: Is the Media the Best-Storyteller?

Lord Macaulay (British Member of Parliament) once called the media “the fourth pillar of democracy”. However, as evident by the Sushant Singh Rajput (“SSR”) media trial of 2020, television media seems to be the judge, jury and executioner of this democracy. ...

Last Minute Injunctions

The law relating to the issue of injunction in civil suits is laid down in the Specific Relief Act, 1963 and the Code of Civil Procedure, 1908. The grant of perpetual injunctions is regulated by the Specific Relief Act while grant of temporary or interlocutory injunctions, which are simply intended to preserve the status quo pending the decision, are regulated by the Code of Civil Procedure. ...