The advent of globalization, technological advancements, transborder transactions, frequent employment shifts and increased competitionbetween businesses have necessitated increased complexity in the relationship between an employer and an employee calling for adetailedemploymentcontract to be executed between both these parties.
In India, contract labourers are protected by the Contract Labour (Regulation and Abolition Act), 1970. A contract labourer is defined as one who is hired in connection with the work of an establishment by a principal employer through a contractor. While a contractor is the supplier of contract labour for the organization, a principal employer is the person responsible for the control of the establishment.
The Reserve Bank of India (RBI) vide a 2012 circular, stipulated that Indian companies which have received FDI and/or made FDI abroad (i.e. overseas investment) in the previous year(s) including the current year, should file the annual return on Foreign Liabilities and Assets (FLA) in the soft form which can be duly filled-in, validated and sent by e-mail to the Reserve Bank by July 15 of every year. The coverage was enhanced to reporting of inward and outward foreign affiliate trade statistics (FATS) and reporting by the limited liability partnerships (LLPs) through the subsequent circulars.
In response to the dramatic changes brought about in content sharing and broadcasting through technological advancements in the digital era, the Department for Promotion of Industry and Internal Trade, Government of India (DPIIT) has proposed to amend the Copyright Rules. The draft rules are the latest in a long series of regulatory action taken by the government to address the entry of internet streaming services into the Indian market.
The theory of separability for arbitration agreements has been developed over time. It has been well recognized in India and other jurisdictions that an arbitration clause in a contract is an agreement independent of the contract executed between the parties. This theory of separability of an arbitration agreement has well elucidated by the Supreme Court of India in the case of M/S Sms Tea Estates P.Ltd v. M/S Chandmari Tea Co. P.Ltd
Essenese Obhan, Managing ...
Globally, private equity and venture capital funds have gained prominence as the dominant forms of investment in companies. A natural corollary of the above has been the evolution of innovative and complex mechanisms designed to protect such investment and gain maximum returns on the same.
In a move to better the lives of the differently abled in India, the Government of India, enacted the Rights of Persons with Disabilities Act, 2016 (“Act”). After almost a decade’s wait, the Act came into effect on 30th December 2016 replacing the earlier act of 1995. Pursuant to this Act, the Ministry of Social Justice and Empowerment issued the Rights of Persons with Disabilities Rules, 2017 (“Rules”).
The Patent Rules, 2003 are proposed to be amended by Draft Rule 21 Sub-rule (2) and Sub-rule (3), Draft Rule 131 Sub-rule (2), and updated Form-27. Draft Rule 21 Sub-rule (2) reduces the high cost previously borne by applicants for the translation of priority documents. This Draft Rule restricts the requirement for submitting verified English translations of priority documents in accordance with Rule 51bis.1(e) of regulations under the Patent Cooperation Treaty (PCT).
In just 12 years, founder...