Authors Posts by Obhan&Associates

Obhan&Associates

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Sexual Harassment – An Affront to a Woman’s Right to Equality and Dignity

The Sexual Harassment (Prevention, Prohibition and Redressal) Act, 2013 ("Act") defines sexual harassment as any unwelcome act or behaviour (whether directly or by implication) namely, physical contact and advances, or demand or request for sexual favours, or making sexually coloured remarks, or showing pornography, or any unwelcome physical, verbal or non-verbal conduct of sexual nature.

Delhi High Court reverses decision: e-Commerce platforms now allowed to sell and advertise...

In a landmark judgement in Amazon Seller Services Pvt. Ltd. v. Amway India Enterprises Pvt. Ltd. & Others, FAO(OS) 133/2019, a Division Bench of the Delhi High Court has permitted e-commerce platforms to sell and advertise products of Direct Selling Entities ("DSEs") without their consent.

MCA to release a web form named CAR (Company Affirmation of Readiness towards COVID – 19) ...

In the wake of the prevailing COVID-19 situation and given the magnitude and the extent of its spread, the corporate sector is required to play a key role in implementing the strategic policy decision of social distancing, which is most crucial for reducing the rate and extent of the disease transmission at community level.

Determining the Seat of an Arbitration

In the context of arbitration, the terms “seat” and “venue” have very specific meanings. However, judicial interpretation over the years have created confusion as to the actual understanding of the same. In India, over the course of the past two years, we have seen conflicting decisions with respect to interpretation of arbitration clauses and determining the “seat of the arbitration”. In light of that, the recent decision of the three-judge bench of the Supreme Court in Mankastu Impex Private Limited V Airvisual Limited (“Mankastu”) has attained utmost significance.
EuropePatent Office Headquarters

Valid claiming of priority rights in patent applications

On 16 January 2020, the European Patent Office (EPO) Board of Appeal revoked a patent related to CRISPR/Cas9 technology, and in doing so delivered one of the most anticipated decisions in the field of biotechnology patents in recent times. This gene-editing technology, which is the subject of a bitter battle for intellectual property rights between two rival parties - The Broad Institute and the University of California (UC), Berkeley, is revolutionizing research in biotechnology.

Supreme Court of India Reverses Ban on Cryptocurrencies

On March 4, 2020, a three-judge bench of the Supreme Court of India ("Supreme Court") set aside the Reserve Bank of India’s ("RBI") circular dated April 6, 2018 ("Circular"), which prohibited entities regulated by the RBI from dealing in virtual currencies or providing services for facilitating any person or entity in dealing with or settling virtual currencies. The Supreme Court set aside the Circular on the ground of proportionality.

The Supreme Court’s Decision on Avoidance of Transaction Under the IBC

The insolvency of Jaypee Infratech Limited (JIL) and the fate of its various stakeholders, including distressed home buyers, has occupied space on our screens for years on end now, The JIL insolvency has required a careful unravelling of various entangled matters and has in this process, become a touchstone to test the resilience and sturdiness of the Insolvency and Bankruptcy Code introduced in 2016 (the "Code" or "IBC").