Authors Posts by Obhan&Associates

Obhan&Associates

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Standard Regulating Reviews on E-commerce Platforms

India has one of the fastest growing e-commerce markets in the world and e-commerce transactions have steadily increased across the nation during the past several years. Consumers heavily rely on reviews posted on e-commerce platforms to understand the experience of customers who have already purchased the goods or services, and online reviews have significant influence over purchasing decisions of the consumers. ...

Dark Patterns on Digital Platforms: Are ‘your’ online decisions ‘really’ your own

Have you ever been unable to find the unsubscribe/delete button on a social media application? Added an item to your shopping cart only to realize later that the price displayed to you initially was substantially lower than the check-out price? Were you forced to provide personal data to gain access to a website/application? These are all examples of unfair trade practices and misleading advertisements deployed by digital platforms to manipulate users, i.e., dark patterns. ...

Understanding the Digital Personal Data Protection Bill, 2022

In 2017, the Supreme Court ruled that the right to privacy is a fundamental right under the Indian constitution. Subsequently, in 2018, the first draft of the Personal Data Protection Bill was prepared by an expert committee set up by the Ministry of Electronics and Information Technology (MeitY). ...

Testing a Patent: Opposition and Revocation in India

It is sometimes presumed that the patent application process concludes with the grant of a patent, after it has been successfully prosecuted. Although prosecution examines an application for patentability, its true test arguably comes during the opposition process. ...

The Supreme Court’s Opinion on the Employees’ Pension (Amendment) Scheme, 2014...

The Government of India is empowered by Section 6A of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 ("Act"), to frame a scheme called the Employees' Pension Scheme for the purpose of providing. ...

An Advisory on the State of State Broadcasting Activities

An advisory issued by the Ministry of Information and Broadcasting (“MIB”) dated October 21, 2022 (“Advisory”), has been making waves and stirring up the airwaves. The Advisory requests the ministries of the Central Government, as well as the Governments of all State and Union Territories. ...

Enhanced Obligations of the Intermediaries: Amendment to the IT Rules

Intermediaries store or transport data on behalf of others and include online marketplaces, search engines, social media platforms, telecom and internet service providers. In 2008, the Information Technology Act ("IT Act") was amended to protect intermediaries from accountability for any information belonging to third parties. ...

Understanding RBI’s Central Bank Digital Currency and its Implications

The Reserve Bank of India ("RBI") recently published a concept note on Central Bank Digital Currency ("CBDC") to explain its approach towards introduction of the digital rupee and create awareness for its planned features. ...

Piercing of Corporate Veil to Protect Homebuyers

Insolvency Proceedings are commenced upon bankruptcy of a debtor. In simple terms, bankruptcy is inability of a corporate debtor to pay back its creditors. Insolvency and Bankruptcy Code, 2016 (“IBC”) governs insolvency proceedings in India. A corporate insolvency resolution process (“CIRP”) is a recovery mechanism for the creditors of the corporate debtor and the CIRP can be initiated under Section 7 & Section 9 of the IBC. ...

Shrinking Space: Are Narrowed Patent Claims Valid Amendments?

Much emphasis is placed in patent law on the importance of filing for protection as early as possible in the inventive process, in order to obtain necessary rights and benefits. But these applications are by no means set in stone. There is room to amend patent applications, and in India, amendments can be done both while an application is pending, and after a patent has been granted, subject to appropriate permissions from the Controller. ...