July 2023

Encapsulating the Branded vs. Generics Debate: Pitfalls and Doctors’ Dilemma

The Ministry of Health and Family Welfare, on May 12, 2023, issued an Office Order directing heads of hospitals and polyclinics run by the Central Government, and CGHS wellness centres to ensure that all doctors (including residents) prescribe only generic medicines (“Order”). Additionally, this order contains an instruction to completely curtail the visits of medical representatives to hospital premises, with the caveat that information about new launches may be communicated by way of emails only.

On the face of it, there is little fault to be found in the Order and its dicta. In fact, it ties into the recent push to promote generic medications over expensive branded drugs. That said, it may be worthwhile to take a step back and look at the legal and policy implications of this course of action afresh, especially in light of the unintended consequences it may entail.Continue Reading Encapsulating the Branded vs. Generics Debate: Pitfalls and Doctors’ Dilemma

Introduction

Vide an office memorandum dated November 29, 2022, the Department of Financial Services (Ministry of Finance), Government of India (“DFS”) has proposed extensive amendments to the Insurance Act, 1938 (“Act”) by way of the Insurance Laws (Amendment) Bill, 2022 (the “Amendment Bill”) in order to address the persistent demands of the insurance industry and to change some of the basic principles under the Act. The discussion on the overall nature of changes brought about by the Amendment Bill can be found in our blog post dated December 13, 2022.Continue Reading Looking Beyond Core Insurance Business: Insurers Allowed to Offer Value Added Services and Engage in Distribution of Other Financial Products

INTRODUCTION

Maharashtra was one of the first states in India to devise an Information Technology and Information Technology Enabled Services Policy in 1998. Thereafter, the policy was amended in 2003, 2009 and 2015. The Information Technology and Information Technology Enabled Services Policy of Maharashtra State-2023 (“2023 Policy”) was introduced by the Government of Maharashtra vide its resolution dated June 27, 2023[1] and it superseded Maharashtra’s IT and ITES Policy of 2015 (“2015 Policy”). The 2023 Policy aims to make the State of Maharashtra a global Information Technology (“IT”) and Information Technology Enabled Services (“ITES”) destination and the technology capital of India. The 2023 Policy is valid for a period of five years from June 27, 2023 or until a new policy is released.Continue Reading KEY HIGHLIGHTS OF MAHARASHTRA IT-ITES POLICY, 2023: IT/ITES UNITS, IITTS AND DATA CENTERS

Not Always Beneficial To Make It To The “Hall Of Fame”: Dissecting Delhi High Court’s Decision In Microsoft V. Zoai

In a unique fact scenario, the sole arbitrator, in a domain name dispute between parties, named himself in the “Hall of Fame” for giving a particular type of decision in such disputes. Upon challenge to the arbitral award passed, the Hon’ble High Court of Delhi exercised its powers under Section 34 of the Arbitration and…

Introduction

In order to keep pace with the growing demand for quality goods and services while keeping competition at bay in this fiercely-contested sector, FMCG companies have constantly been on the lookout for effective and creative techniques to gain popularity and an edge over their rivals’ products. The marketing and sales teams of such companies, often armed with data, leave no stone unturned to outwit and outsell the products of competing companies. This comes as no surprise, as with the integration of innovative digital technologies and advancements in the possible venues for advertisements, companies have levelled up their consumer interaction experiences. For example, companies have now shifted their focus from hoardings and billboard advertisements to engaging social-media influencers to review and showcase their products. Some companies have even begun digitally interacting with customers and re-sharing posts (often with the company’s product prominently visible) of happy consumers on social media.Continue Reading What Does the Box Say? Exploring the legality of advertisement strategies commonly deployed by FMCG Companies

Delhi HC’s Margo V. Railtel Order - Analysing Impartiality in Arbitrator Appointments Blog

As with any legal proceeding, an arbitrator’s impartiality and independence is the bedrock of a fair and valid arbitration proceeding. In its recent decision in the case of Margo Networks Pvt Ltd & Anr. v. Railtel Corporation of India Ltd (“Margo v. Railtel”),[1] the Hon’ble High Court of Delhi exercised its powers under Section 11 of the Arbitration and Conciliation Act, 1996 (“Act”), with the intention to highlight the importance of appointing arbitrators in a manner that is unbiased and does not favour any one party.Continue Reading Delhi HC’s Margo V. Railtel Order: Analysing Impartiality in Arbitrator Appointments

Priority Of Dues Under SARFAESI - Bombay High Court Reiterates

In a significant order passed on June 28, 2023, in the case of Ronak Industries vs. Assistant Commissioner Central Excise & Customs & Ors.[1] (“Ronak Industries Case”), the Bombay High Court has upheld the priority of dues of secured creditors as laid down under Section 26-E of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI Act”). To pass the order, the Bombay High Court has relied on its previous decision in Jalgaon Janta Sahakari Bank Ltd. and Anr. Vs Joint Commissioner of Sales Tax Nodal 9, Mumbai and Anr.[2] and the decision of the Supreme Court in  ICICI Bank Ltd. vs. SIDCO Leathers Ltd.[3]and held that the dues of a secured creditor, upon registration of the charge with the Central Registry of Securitisation Asset Reconstruction and Security Interest of India (“CERSAI”), would rank in priority to the dues of the department of the Government.Continue Reading Priority Of Dues Under SARFAESI: Bombay High Court Reiterates

The immunity granted under Section 79(1) of the Information Technology Act, 2000 (“the Act”) to intermediaries, commonly referred to a ‘safe harbour provision’, is not absolute.  Non-compliance with an order under Section 69A is one such instance when the immunity erodes[1].

Section 69A empowers the government to issue directions to government agencies or intermediaries to block public access to any information generated, transmitted, received, stored or hosted in any computer resource, if it falls under any of the grounds of concern mentioned in Section 69A itself (discussed below in detail).Continue Reading The Twitter Verdict: Examining The Efficacy Of Section 69a In The Background Of Karnataka High Court’s Latest Decision

The Price For The Sound Of Music: Impact Of The 2012 Amendment On Royalties

The ownership of derivative works has been hotly contested by authors, composers and lyricists (collectively, “authors”) on the one end of the bargaining spectrum; and producers, music labels and broadcasters on the other. This tussle has raised certain rudimentary questions – first, will the author’s copyright in the underlying work continue to subsist after its incorporation in the final (derivative) work; and second, will authors continue to receive royalty for utilisation of their work as part of such final work. These questions turn the focus on whether the 2012 Amendment (“Amendment”) to the Copyright Act, 1957 (“Act”) “fundamentally changed” the treatment of authors’ rights with respect to original, underlying works created by them.Continue Reading The Price For The Sound Of Music: Impact Of The 2012 Amendment On Royalties

Ministry of New & Renewable Energy (MNRE) revises Dispute Resolution Mechanism for Renewable Energy Projects

Introduction

The Ministry of New & Renewable Energy (“MNRE”) has issued an order dated June 07, 2023 (“Order”), to bring about important changes to the dispute resolution mechanism for disputes between Renewable Energy Power Developers/ Engineering, procurement, and construction (EPC) Contractors and designated Renewable Energy Implementing Agencies (“REIA”). The Order aims to provide a time-bound, transparent and unbiased platform for resolving disputes in the renewable energy sector.Continue Reading Ministry of New & Renewable Energy (MNRE) revises Dispute Resolution Mechanism for Renewable Energy Projects