Filing a Patent Application with Biological Material in India
Patent applications for inventions containing biological materials must fully and particularly describe such use of biological materials in the specification. The Indian Patents Act, 1970 (“the Act”) does not define biological materials, but guidance can be found in the European Convention, according to which biological material includes any material that contains genetic information and is capable of reproduction by itself. ...
An Overview on the CERT-IN Cyber Security Directions, 2022
The Indian Computer Emergency Response Team ("CERT-In") is the national agency for incident response for cyber security and has been established under Section 70B of the Information Technology Act, 2000 ("IT Act"). Its functions include the collection, analysis and dissemination of information on cyber incidents, providing and implementing emergency measures for handling any cyber security incidents, coordinating cyber incident response activities, and issuing guidelines, advisories, vulnerability notes and white papers with information relating to security practices, procedures, prevention, response and reporting of cyber incidents. ...
The End of Post-Termination Non-Compete Clauses?
Recently, the Ministry of Labour and Employment notified Infosys that a joint conversation on the implementation of the non-compete provision prohibiting employees from joining a competing technology business within six months of leaving Infosys has been scheduled. ...
SEBI Amends Regulations Governing AIFs, The Post-Pandemic Safe Haven
Alternative Investment Funds ("AIF") in India are governed by the Securities and Exchange Board of India (Alternative Investment Regulations), 2012 ("AIF Regulations") and regulated by the Securities and Exchange Board of India ("SEBI"). AIFs are investment funds that are established or incorporated in India that are privately pooled from foreign or Indian sources, in the form of trusts, companies, bodies corporate and limited liability partnerships. ...
THE COMPANY LAW COMMITTEE REPORT 2022: HIGHLIGHTS & INSIGHTS
The Company Law Committee published its third report ("Report") on April 13, 2022 which makes recommendations to the Government on changes to the Companies Act, 2013 ("Companies Act"), the Limited Liability Partnership Act, 2008 ("LLP Act") and the rules framed thereunder. The amendments and new additions proposed in the Report aim to bring Indian company law in line with global practices and improve the ease of doing business in India. ...
NO INHERENT RIGHT TO RECEIVE FOREIGN DONATION: SUPREME COURT
On April 8, 2022, in the case of Noel Harper vs. Union of India , the Supreme Court upheld the validity of certain amendments made to the provisions of the Foreign Contribution (Regulation) Act, 2010 (hereinafter referred to as the “FCRA”) which came into effect in September, 2020, clarifying that “the strict regime had become essential because of the past experience of abuse and misutilisation of foreign contribution”. ...
Under the skin: Patentability of cosmetic compositions and treatments in India
Cosmetic compositions and methods, like any other inventions, are expected to meet the three step requirement of patentability in India before being granted protection under law, i.e., the invention must meet the criteria of “Novelty”, “Inventive step” and “Industrial Application”. ...
INDIA DATA ACCESSIBILITY AND USE POLICY
On February 21, 2022, the Ministry of Electronics and Information Technology (MeitY) published the draft India Data Accessibility and Use Policy on its website. The draft of the policy was made available for the purpose of inviting public feedback till mid-March, 2022. Since then, the policy has garnered considerable attention and critical acclaim. ...
An Overview on the Amendments to the FDI Policy
On March 14, 2022 the Department for Promotion of Industry and Internal Trade (“DPIIT”) reviewed the Consolidated FDI Policy Circular of 2020 (“FDI Policy”) for the purpose of allowing foreign investment in the Life Insurance Corporation of India (“LIC”), along with providing clarity and consistency in other sections of the FDI Policy including those provisions relating to real estate businesses. ...
Analysing SEBI’s Move of Voluntary Splitting of Chairperson and MD/CEO Roles
In its board meeting held on 15 February 2022, SEBI has decided to change the requirement for listed companies to separate the posts of Chairperson and MD/ CEO to voluntary from mandatory. This decision has been taken in view post multiple representations from corporates and industry bodies expressing difficulties in complying with the mandate. After multiple delays, this rule shall fully come into force on 1 April 2022. We analyse SEBI’s recent decision and its implications. ...
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