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Proceedings seeking revocation of a Patent not same as those seeking a finding of Invalidity

In  its recent judgment dated January 15, 2025, in C.O. (COMM.IPD-PAT) 38/2022 Macleod Pharmaceuticals Ltd. Vs The Controller of Patents and Anr., the Delhi High Court (“DHC”) tackled some rather tricky but interesting questions, which have surfaced time and again in heavily contested patent infringement and invalidation proceedings in recent years, particularly in the pharmaceutical space.

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Removal of Managing Director: Legal Position and Practical Challenges

Context

A managing director (“MD”) is the principal executive officer of a company, serving on its Board in an executive capacity and is at the helm of its affairs. He is primarily responsible for managing the day-to-day affairs of the company under the overall ‘superintendence, control and direction’ of the Board.

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IRDAI Regulatory Reform Series: Rural, Social Sector, and Motor Third-Party Obligations

The Insurance Act, 1938 (“Insurance Act”), includes special provisions obligating insurers to mandatorily source a part of their business from persons residing in rural areas; workers in the unorganised or informal sector, or from economically vulnerable or backward classes of the society.[1] Insurers are also required to underwrite a minimum percentage of insurance business for third-party motor insurance policies, both under the Insurance Act[2] as well as the Motor Vehicles Act, 1988 (“MV Act”).[3] These requirements were, until recently, implemented through two distinct regulations issued by the Insurance Regulatory and Development Authority of India (“IRDAI”) – the IRDAI (Obligation of Insurer to Rural and Social sector) Regulations, 2015 (“RSO Regulations”), and the IRDAI (Obligation of Insurer in Respect of Motor Third Party Insurance Business) Regulations, 2015 (“MTP Regulations”).

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Indranath Bishnu and Ayushi Agrawal

Insurance Brokers Association of India projects insurance broking sector to capture a 45 per cent market share by 2030 following increased insurance penetration and the demand for insurance productsOver the past couple of years, the Indian insurance industry has seen a series of significant transformations and new developments. Modified regulations, liberalisation of commission regimes, and proposals for amendment of regulatory architecture have opened new avenues of growth for the insurance broking industry.

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FIG Paper (No. 40 – VDA Series 4) Global Crypto Developments: Lessons for India’s Regulatory Regime in 2025.

While reports indicate that India has the highest virtual digital asset (“VDA”) adoption across jurisdictions, we are yet to see any concrete movement on a corresponding regulatory framework to govern the sector and provide legal clarity.

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FIG Paper (No. 40 – Data Law Series 6) Draft Digital Personal Data Protection Rules, 2025 - Key Implications for Financial Services Sector

Background:

  1. India’s first dedicated data privacy law, the Digital Personal Data Protection Act, 2023 (“DPDP Act”)[1], was passed by both houses of Parliament, and received Presidential assent on August 11, 2023. 
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Background and Introduction

An “independent director” (“ID”) is defined as “an independent director referred to in sub-section (6) of section 149”,[1] where Section 149(6) of the Companies Act, 2013 (“Act”), clarifies that an ID is “a director other than a managing director or a whole-time director or a nominee director” of the company. To be appointed as an ID, a person must fulfil an elaborate set of objective and subjective criteria separated across equity unlisted and listed companies.

Continue Reading Sufficiency of extant law to address governance concerns in relation to “independence” of an independent director in relation to subsequent directorships with the company
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Public Takeovers in India: Flashback 2024

The year 2024 saw 105 public takeovers implemented through the tender offer route under the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 (Takeover Regulations). The number of takeovers were 24% higher than the number of takeovers in CY23 (85 in all). The aggregate transaction size (i.e. the aggregate size of the underlying negotiated deal and tender offer) of the takeovers announced in CY24 was INR 705.89 billion, i.e. 158% higher than that of the takeovers announced in CY23 (i.e. INR 274.27 billion). Primarily, the deal activity in CY24 was driven by domestic strategic acquirers. Foreigners executed 11 deals in this space, which was substantially higher than in CY23 (being 3).

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Evaluating the Contours of Permissible Remuneration for directors of a company in India

Background and Introduction

All companies incorporated in India are mandated to constitute a board of directors,[1] to which companies appoint different kinds and classes of directors – managing director (“MD”), independent director (“ID”), non-executive and non-independent director (“NED”), whole time director (“WTD”) or executive director (“ED”). Given the pivotal role that a company’s directors play in the governance and operations of companies, the Companies Act, 2013 (“Act”), regulates different facets of a directorship from the appointment, duties, and responsibilities to the remuneration. This blog discusses the contours of remuneration limits to evaluate the length and breadth of permissible director remuneration. “Remuneration” has been defined as “any money or its equivalent given or passed to any person for services rendered by him and includes perquisites as defined under the Income-tax Act, 1961[2]”.[3]

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Scope of Interrogatories in Patent Infringement Suits: The Delhi High Court Reiterates the “Necessity Test”

Introduction

Delay in adjudication is not new in India. Unnecessary delays through misuse of procedural complexities often tends to delay the dispensation of justice. Efficient adjudication and resolution of disputes are pivotal to any developed judicial system. These reinforce trust in the judicial set up of a country, thereby, facilitating effective commercial partnerships globally. In this backdrop, the Indian parliament enacted the Commercial Courts Act, 2015 (“Act”), with the aim to provide a procedural framework that leads to expeditious resolution of commercial disputes. Section 2(1)(c) of the Act provides for an exhaustive definition of “commercial disputes”, which includes, among other things, disputes arising out of intellectual property rights (“IPR”) relating to registered and unregistered trademarks, copyright, patent, design, domain names, geographical indications, and semiconductor-integrated circuits. Thus, IPR disputes are commercial disputes [1].

Continue Reading Scope of Interrogatories in Patent Infringement Suits: The Delhi High Court Reiterates the “Necessity Test”