On December 26th, 2018 the Department of Industrial Policy and Promotion under the Ministry of Commerce (the "DIPP"),introduced stricter guidelines that govern foreign direct investment ("FDI") in e-commerce firms. The Government through press note 2 (2018) ("Press Note"), provided for guidelines applicable to such e-commerce entities under the consolidated foreign direct investment policy of 2017 (the "FDI Policy").
Comparative advertisement and product disparagement are sensitive subjects to manufacturers of goods and services. Comparative advertising is a strategy used by companies to represent their product as superior in comparison to that of a competitor. When a comparative advertisement makes a comparison that is misleading and/ or derogatory, it crosses over into what is referred to as product disparagement.
Trademark owners in the food business, they will now have to introduce disclaimers when they use certain terms in their marks, brands or labels, so that consumers are not misled or deceived as to the nature of the products being sold, according to new regulations issued by India’s food regulator.
The Department of Industrial Policy and Promotion under the Ministry of Commerce and Industry have issued draft rules to amend the Patent Rules, 2003 (available here: See). The following major changes have been proposed in these draft rules:
The Companies (Amendment) Ordinance, 2018 ("Ordinance") received the President of India’s assent bringing into force further amendments to certain provisions of the Companies Act, 2013 ("Act") with effect from November 2, 2018. The Ordinance promulgated is based on the recommendations made by acommittee appointed by the Government to review offences under the Act.
The question of granting temporary injunctions is always a knotty one, and requires establishing whether the injunction-seeker has a prima facie case, whether the balance of convenience lies in their favour, and if the temporary injunction is not granted, that the they would suffer irreparable loss or injury. The challenge before a court is to determine which facts must be considered when assessing the request for such an injunction.
Can a request for information under the Right to Information Act, 2005 (“RTI Act”) be denied on grounds of being the copyright of a third party? This was one of the questions that a Two Judge Bench of the Supreme Court of India recently dealt with. The case related to the issue of disclosure under the RTI Act, where a person sought information regarding the plans submitted to public authorities by a real estate developer.
India Business Law Journa...
In a recent decision, the Supreme Court of India in M/S Shriram EPC Limited vs Rioglass Solar Sa has ruled that it is not necessary for a foreign arbitral award to be stamped. This judgement has put to rest an issue on which various High Courts of India had given differing opinions.
The business of online marketplaces is set to change. Certain kinds of online marketplaces need to now start disclosing details of the sellers that offer products on their websites, obtain authenticity certificates for the products that are being sold; and enter into agreements with sellers to prevent counterfeits from being offered for sale online. These are some implications of a recent decision of the Delhi High Court, which clarifies certain issues around internet intermediaries that are online marketplaces.