VIRTUAL DIGITAL ASSETS UNDER THE AMBIT OF PMLA
Money laundering has been a major concern for governments and financial institutions around the world for decades. Various methods are used to launder illegally acquired funds, including buying real estate properties, investing in businesses, and moving money through shell companies. ...
FORMER CLAUSE IN THE AGREEMENT WILL PREVAIL OVER THE LATTER CLAUSE IN CASE OF INCONSISTENC...
Recently, in the case of Sunil Kumar Chandra v. M/s Spire Techpark Private Limited , the High Court of Delhi ("DHC") has held that in case there is inconsistency between two clauses in an agreement, the former clause will have precedence over the latter clause. ...
Are You Who You Say You Are? The Interplay of Generative AI and The Right of Publicity
As former Google CEO Eric Schmidt famously said, "from the dawn of civilization to 2003, five exabytes of data were created. The same amount was created in the last two days." While Schmidt was referring to an event in 2010, with advancements in technology becoming more rapid than ever before, we are arguably living through some of the most exciting times known to humankind, with new kinds of technology shaping up to change every aspect of our lives. ...
SEBI Issues 5 Consultation Papers Proposing Changes to the AIF Regulations
In furtherance of its endeavour to review the regulatory norms on alternative investment funds (“AIFs”), the Securities and Exchange Board of India (“SEBI”), on February 3, 2023, issued five consultation papers containing such proposed alterations. Each such consultation paper discussed one proposed aspect of review—detailing the objective, background, issues for consideration, and proposal in relation thereto. ...
Endorsement Know-Hows: A Guide to Advertising Disclosures by Celebrities and Influencers
“With great influence, comes great responsibility” – this slightly modified adage, was used in the self-regulatory Guidelines for Influencer Advertising in Digital Media (“ASCI Guidelines”), published by the Advertising Standards Council of India. Building upon this principle, the Department of Consumer Affairs has now released a binding guide on the disclosures. ...
Striding Towards an Empowered and Inclusive Economy: The Union Budget
The Union Minister of Finance and Corporate Affairs, Smt. Nirmala Sitharaman presented the Union Budget 2023-24 ("Budget") in the Indian Parliament on February 01, 2023. The Budget is centered around opportunities for citizens with special focus on youth, growth and job creation and strong and stable macro-economic environment. ...
For Your Attention, Please: Virtual Marking of Patented Software
Patent marking entails marking a patented product with its relevant patent number. Proper patent marking can help obtain higher monetary damages in a patent infringement lawsuit, as marking means that infringers cannot claim ignorance of liability. However, if there is no marking, damages are likely to be calculated only from the time of actual notice. ...
The IP Stack for Protecting Software in India: Copyright, Patents, Trade Secrets
A key question that confronts participants in any disruptive and innovative industry is that of intellectual property (IP) protection. Software is no exception. Multiple IP routes, e.g., copyrights, patents, and trade secrets, are available for protecting software, but the appropriate choice is not always automatically evident. ...
THE NCLAT SHEDS LIGHT ON ENTITLEMENT OF OPERATIONAL CREDITORS
Recently, the National Company Law Appellate Tribunal ("NCLAT"), in the case of Dharmindra Constructions Private Limited and Anr. vs. Rajendra Kumar Jain Resolution Professional of Kudos Chemie Limited and Ors. held that the operational creditors are only entitled for minimum of the liquidation value and in the absence of breach of any provisions of the Insolvency and Bankruptcy Code, 2016. ...
From Distinctiveness to Genericide: Avoiding Trademark Ruin
The odds of successfully obtaining or protecting a trademark depend on various factors. For example, the presence of identical or similar marks, either pre-existing on the trade marks register or available in the market is a fundamental test. Another factor is the proposed mark’s distinctiveness, or its ability to stand out on its own. ...
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