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Corporate Law

Corporate Law

October 23, 2017

FDI India Entry Options

India is an attractive destination for Foreign Direct Investment (FDI). A foreign entity can establish its presence in India, depending on the proposed activities of such entity, either through the opening of a liaison office, a project office, a branch office or by directly investing in an Indian company or a partnership firm or a LLP. Here is a brief overview of each of the aforesaid entities and the activities permitted to be carried on by them....
October 14, 2017

Fast Track Insolvency Resolution Process for Start-ups

While 2015 was a year of big-ticket funding rounds, 2016 is a year that was harsh reality for India’s startup ecosystem: 212 start-ups did not survive to see 2017. Majority of start-ups fail, making investing in start-ups risky for investors. In a bid to ease recovery of dues from start-ups and enable faster exit, on June 14, 2107 the Central Government notified the provisions of the Fast Track Insolvency Resolution Process under the Insolvency and Bankruptcy Code, 2016....
October 5, 2017

Intellectual Property Licensing in India

A license agreement is a document, executed between two or more parties, evidencing the terms and conditions of such contractual license. Under the license, the licensor maintains title in the IP and the licensee is authorized tomake use of the IP only in accordance with the terms and conditions of the license. There are a number of issues that arise when a license is granted....
October 3, 2017

Right to Privacy – a Fundamental Right

Justice(Retd.) KS Puttuswamy challenged the biometric identity scheme Aadhaar, saying it violated the fundamental right to privacy. The constitutional bench set up to see if privacy is, in fact, a constitutional right, established that it is a constitutionally protected right that emerges from right to life and liberty....
September 22, 2017

Seat of Arbitration is Akin to an Exclusive Jurisdictio...

The Supreme Court of India in Civil Appeal No. 5370-5371 of 2017, Indus Mobile Distribution Private Limited (”Appellant”) vs Datawind Innovations Private Limited and Ors.(”Respondent”) ruled that when parties to an agreement agree on a ”seat” of arbitration then that court alone will have jurisdiction.”...
July 7, 2017

RERA Act: A Step in Reforming the Indian Real Estate Se...

RERA, a breakthrough reform in the real-estate sector, brings relief to homebuyers. Issues of delayed possession, ambiguity in carpet area, unfair practices, questionable documentation and permissions, will now in all probability be addressed in favour of the consumer. This brings about a much-needed transparency and structure to this otherwise disorganized system. ...
March 9, 2017

Easing Labour Compliances

The Ease of Compliance Rules enables employers to maintain consolidated registers instead of the larger number required before. The government recognized the need to simplify and expedite compliances under the nine national labour laws....
October 3, 2015

Striking a Balance Between Patents and Competition

Where Competition Law is based on the principle that competition is desirable in a free market, IP Laws seek to promote innovation and safeguard the interests of inventors by granting monopolies. The intersection between the two has prompted a long-standing debate and revealed the need to strike a balance, so as to safeguard the rights of innovators and at the same time protect consumers....