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Introduction

Section 3(h) of the Patents Act, 1970, states that a method related to agriculture and horticulture falls under inventions not patentable. The purpose of Section 3(h) of the Act is to protect “conventional” practices followed by farmers, and to safeguard traditional farming, cultivation and breeding practices within the public domain, preventing exclusive rights and monopolies through granting of patents. Section 3(h) has survived through amendments and has remained an essential part of the Patents Act, highlighting the importance of the Section.

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Synergism to be displayed across the breadth of patent claim

Willowood Chemicals Private Limited’s (hereinafter “the Patentee”) patent was revoked by the Controller of Patents (hereinafter “Controller”) due to post-grant opposition as the Controller held that the Patentee had failed to display any technical advancement and synergism between the components of the claimed composition across the breath of the claims.

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From Farm to Fork: Demystifying India’s Food Safety Standards

Introduction

The Indian food industry thrives on innovation and dynamism, hence ensuring the safety of food products remains a top priority for the Indian authorities. The Food Safety and Standards Authority of India (“FSSAI”) serves as the guardian of public health, that introduced the Food Safety and Standards Act, 2006 (“FSS Act”). This legislation read with its compendium of regulations, rules, and guidelines meticulously outlines the framework for every step of the food supply chain from its origin to your table. While the FSS Act provides a foundational framework, the nuances of the regulatory framework are recorded in the regulations and guidelines, which have been established over time to encompass and regulate the expansive and ever-changing world of food products. This blog post delves into the legalities that govern the key aspects of the food industry; namely, production, distribution, import, advertising, labelling, and the safety testing standards.

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Policy Wordings - Lost in Translation?

The reasons for lower insurance penetration in India are multifaceted. However, one of the main factors is limited financial literacy and awareness. Typically, legalese in the policy document makes interpretation and  understanding a challenge. Globally, the World Bank, OECD, and several other associations/ authorities have expressed the need for transparent communication to build consumer trust and confidence in the insurance industry. Given the current Indian demographics, the need of the hour is to simplify policy wordings to assist in greater financial awareness and aid the goal of insurance coverage for all.

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Mind Your Meds and Metrics: Navigating the Indian Health Data Protection Labyrinth

Introduction

India’s private healthcare entities are increasingly participating in government initiatives, in a sector historically dominated by private players. This synergy is evident in public-private partnerships like the Ayushman Bharat National Health Protection Mission and the Pradhan Mantri Jan Arogya Yojana. The aim of the programmes is to expand healthcare access and affordability, reflecting a significant policy shift towards inclusive health coverage.

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GCC Series: Setting-up Global In-house Centres (GICs) in India: Key regulatory considerations

In part VI of our series on key legal considerations for establishing global capability centres (“GCCs”) in India,[1] we discuss global in-house centres or GICs that precede and are a variant of current GCCs.

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Ultimate parent’s professional CEO a Significant Beneficial Owner: Do companies have to re-evaluate their corporate approval process and reporting line structures?

Background

The genesis of the concept of ‘significant beneficial ownership’ under Indian law can be traced to the Financial Action Task Force (“FATF”) recommendations on issues pertaining to ‘transparency and beneficial ownership of legal persons and arrangements’. Set up in 1989, the FATF is a global inter-governmental body, now serving as a watchdog for global money laundering and terrorist financing.

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Impact of the Jan Vishwas Act, 2023 on the Pharmaceuticals Industry – Decriminalizing Minor Offences One Step at a Time

Introduction

The Jan Vishwas (Amendment of Provisions) Act, 2023 (“JV Act”) was introduced with the aim of conveying ease of doing business and to amend certain enactments for decriminalising and rationalising offences, thereby promoting trust-based governance. The impact of the JV Act has reverberated across various sectors, including the pharmaceuticals and cosmetics industry. A key area of interest in relation to the JV Act’s amendments is their impact on the Drugs and Cosmetics Act, 1940 (“D&C Act”), which governs the regulation of drugs and cosmetics in India.

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A Review of the Performance of Surety Insurance Contracts in India

Introduction:

Surety insurance bonds (“Surety Bonds”) are a proven risk management mechanism, useful especially in the infrastructure, construction projects, and government procurement space. Surety Bonds can be an effective alternative financial solution to the principals/ contractors, who had to depend on bank guarantees earlier. 

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Analysis of SEBI’s Consultation Paper on Valuation Framework for AIFs

Introduction

The Securities Exchange Board of India (“SEBI”) has released a consultation paper on May 23, 2024[1] (“Consultation Paper”), wherein it has suggested modifications to certain aspects of the valuation framework for AIFs.

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