Listen to this post
Case-Specific Exemptions under the Takeover Regulations: Key Takeaways from SEBI’s Orders

Background

In terms of the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 (“Takeover Regulations”), acquiring control and/or shares/voting rights of a listed company beyond the specified quantitative thresholds (i.e. initial acquisition of 25% or more of the voting rights; or subsequent acquisition by a person holding at least 25%, of more than the creeping acquisition limit of 5% voting rights in a financial year) can trigger an obligation to make an open offer to its shareholders (“Open Offer”).

Continue Reading Case-Specific Exemptions under the Takeover Regulations: Key Takeaways from SEBI’s Orders
Listen to this post
Decoding Patent Searches: A brief on the types and strategies

Introduction

Intellectual Property Rights (IPR) have undergone significant evolution in the recent past, and the increasing number of filings for different types of IP rights across the world show the increasing commitment of countries to foster innovation, creativity, and their desire to sustain it. In today’s rapidly evolving landscape of innovation and technology, securing intellectual property rights through patents has become paramount for businesses and inventors. However, navigating the complex realm of patent law demands a thorough understanding of existing inventions and their legal implications.

Continue Reading Decoding Patent Searches: A brief on the types and strategies
Listen to this post
Patents Act, 1970 or Competition Act, 2002: SC to decide applicability on actions of patentee

Background

The Supreme Court (“SC”) issued a notice[i] on a special leave petition filed by the Competition Commission of India (“CCI”) on March 1, 2024, against a Division Bench order of the Delhi High Court (“Delhi HC”) passed on July 13, 2023. The impugned order dealt with four appeals and a writ petition filed by Telefonaktiebolaget LM Ericsson (“Ericsson”), CCI, and Monsanto Holdings (P.) Ltd. (“Monsanto”) against previous Delhi HC judgements in Ericsson AB v. CCI (March 30, 2016)[ii], Ericsson AB v. CCI (December 14, 2015)[iii], Monsanto Holdings (P) Ltd. v. CCI (May 20, 2020)[iv], and letters issued by the CCI against Ericsson on July 16, 2015, and August 8, 2015.

Continue Reading Patents Act, 1970 or Competition Act, 2002: SC to decide applicability on actions of patentee
Listen to this post

In part II of our series on establishing global capability centres (“GCCs”) in India,[1] we discuss the key issues that foreign companies face when strategising the structure and model for setting-up a GCC.

Continue Reading Strategic structuring and modelling Global Capability Centres (GCCs) in India: How to set up
Listen to this post
Role of the Audit Committee – Need for a Deeper Reflection

Context

As the financial year 2023-24 draws to a close in a few days, it is the right time to reflect on the functions and responsibilities of the Audit Committee as well as address some “inconvenient” questions concerning their effectiveness vis-a-vis various listed and unlisted companies.

Continue Reading Role of the Audit Committee – Need for a Deeper Reflection
Listen to this post
Holding-Subsidiary Relationship – Legal & Regulatory Architecture

Background

Companies, as the business grows, operate through their subsidiaries for various reasons such as flexibility in operation of different units, expansion in different geographies, etc. While subsidiary is an entity over which the wholly owned subsidiary has control, the Companies Act, 2013 (“CA 2013”) recognises subsidiary companies as a separate legal entity.

Continue Reading Holding-Subsidiary Relationship – Legal & Regulatory Architecture
Listen to this post

Pre-Clinical Testing on Claws and Paws: Decoding the Permissibility of Animal Experimentation

Introduction

The practice of experimenting on animals has long been a focal point of ethical and regulatory debates. Juxtaposed against the concerns for animal welfare, this complex landscape tries to strike a balance between the pursuit of scientific progress to advance human knowledge and safeguard the rights and well-being of fellow planet inhabitants. Notwithstanding the surge in global commitment to reduce the number of animals used in experimentation and research activities, reports indicate that more than 100 million animals are used globally for experimentation on an annual basis. Further, trend suggests that, currently, there is little to no decline in worldwide use of animals in research and lab work.

Continue Reading Pre-Clinical Testing on Claws and Paws: Decoding the Permissibility of Animal Experimentation
Listen to this post
When is a Holding Company liable for the acts and omissions of its Subsidiary? A Jurisprudential Analysis

The Companies Act in India and jurisdictions all over the world have statutorily recognised subsidiaries as a separate legal entity. Section 2(87)[1] of the Companies Act, 2013 (“CA 2013”), defines “subsidiary company” or “subsidiary” as a company in which the holding company controls the composition of the Board of Directors; or exercises or controls more than one-half of the total voting power either on its own or together with one or more of its subsidiary companies.

Continue Reading When is a Holding Company liable for the acts and omissions of its Subsidiary? A Jurisprudential Analysis
Listen to this post
MHC recommends whittling down of claims to overcome refusal of patent application due to lack of inventive step

Microsoft Technology Licensing LLC’s (hereinafter “Microsoft”) appeal against an order dated September 29, 2020, by which its Indian Patent Application No. 1783/CHENP/2012, was refused by the Controller of Patents as being obvious and lacking inventive step has been allowed by the Madras High Court (hereinafter “MHC”). The MHC directed narrowing of claims to clearly define the inventive feature and overcome refusal of Patent application due to lack of inventive step.

Continue Reading MHC recommends whittling down of claims to overcome refusal of patent application due to lack of inventive step
Listen to this post
Regulating Software as Medical Devices – Navigating Hurdles One Byte at a Time

Transitioning Regulatory Landscape

Dynamic progress in healthtech and medtech has led to a transformative surge of the medical devices landscape, propelling the rise of new and innovative medical devices. However,  preceding the amendments to the Medical Devices Rules, 2017 (“MD Rules”), only a handful of medical devices were regulated, with software escaping regulatory scrutiny. Recognising the myriad instruments affecting individual and animal health, the Government found it imperative to extend regulations to this rapidly evolving realm.

Continue Reading Regulating Software as Medical Devices – Navigating Hurdles One Byte at a Time