The Telecommunications Act, 2023 (“Act”) has received presidential assent and has been notified for information.[1] When rulemaking under the Act is completed, and it is notified as being in force, it will replace existing legislation governing telecommunications in India, namely the Indian Telegraph Act, 1885, the Wireless Telegraphy Act, 1933, and the Telegraph Wires (Unlawful Possession) Act, 1950 (collectively, “Telegraph Laws”).
Continue Reading The Telecommunications Act, 2023
On January 11, 2024, SEBI issued its consultation paper on interim recommendations of its expert committee to harmonise the SEBI ICDR and LODR regulations. The public has been invited to share comments on this paper.
Continue Reading Recommendations on Changes to SEBI ICDR Regulations for Ease of Doing Business – Missing the Point
The Department for Promotion of Industry and Internal Trade, under the Ministry of Commerce and Industry, has pursuant to the authority vested by Section 159[1] of the Patents Act, 1970 (“the Act”), issued the Patents (2nd Amendment) Rules, 2024, to amend the Patents Rules, 2003. These amendments are aimed at ushering in a uniform adjudication process, empowering the Adjudicating Officer to enhance precision, efficiency and implementation of the Act.
Continue Reading Summary of Patents (2nd Amendment) Rules, 2024
Automobile sector in India has been growing at a rapid pace, contributing to over 7% of India’s total Gross Domestic Product[1]. With annual sales exceeding 20 million passenger vehicles the mandatory vehicle insurance requirement has led to a commensurate increase in motor insurance business sales. This sector now constitutes 45% of the overall business of general insurance in India.[2]
Continue Reading Forceful selling of Insurance by Automobile Dealers : Call for Regulation![FIG Paper No. [29], Data Law Series [3]: Implications of Digital Personal Data Protection Act, 2023 for Foreign Banks in India](https://corporate.cyrilamarchandblogs.com/wp-content/uploads/sites/857/2024/01/Blog-Image-8-655x374.png)
The Digital Personal Data Protection Act, 2023 (“DPDP Act”) is India’s foray into the global regulatory movement on personal data rights. In designing the DPDP Act, there has been a strong focus on simplicity, brevity, and standardisation. We note a marked effort to align with data regulation across the world, most significantly, the European Union’s General Data Protection Regulation (“GDPR”). While principally similar, the Indian regime has peculiarities for which financial services entities will have to prepare themselves.
Continue Reading FIG Paper No. 30, Data Law Series 4: Implications of Digital Personal Data Protection Act, 2023 for Foreign Banks in India
In Starpharma Pvt Ltd v. The Assistant Controller of Patents and Designs [Mad HC, (T) CMA (PT) No.22 of 2023, Decided: 12th October 2023], the Madras HC adjudicated on issues relating to Sections 57 and 59 of the Patents Act 1970. Section 57[1] allows amendment of applications, any specifications and any document subject to Section 59[2] of the Act. Section 59 states the following for amendment of an application for a patent or the complete specification or any document relating thereto:
Continue Reading Madras High Court allows amendment of “method of treatment” claims to product claims
The year 2023 saw 85 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 only slightly below the number of takeovers in CY22 (93 in all). The aggregate transaction size (i.e. the aggregate size of the negotiated deal and tender offer) of takeovers announced in CY23 was ₹274.27 billion, 77% lower than that of the takeovers announced in CY22, which was ₹1,180 billion. Primarily, the deal activity in CY23 was driven by domestic acquirers. Foreigners executed only three deals in this space (including only one deal by a PE player), which was substantially lower than CY22 (being 11 ).
Continue Reading Public Takeovers in India: Flashback 2023
Granting of inter-corporate loans, making investments and provisions for guarantees was previously regulated by Sections 370 and 372 of the Companies Act, 1956 (the“1956 Act”), which mandated prior Central Government approval (along with compliance with certain other stringent guidelines prescribed by the Ministry of Corporate Affairs) for giving loans/ guarantee/ security in excess of the limits prescribed under the said sections. This position was subsequently changed with the enactment of Section 372A of the 1956 Act (by the Companies (Amendment) Act, 1999), which replaced the need to obtain prior government approval with a self-regulatory mechanism, which mandated prior shareholder approval by a special resolution before granting inter-corporate loans, guarantees or securities beyond the limits prescribed therein..
Continue Reading Key issues under Section 186 for a corporate lawyer
Recent concerns with mis-advertising have led to various pro-consumer measures in India. This includes overhauling the consumer laws and attaching liability to platforms, sellers and advertisers (including influencers and celebrities) for misleading ads and malpractices.
The latest pro-consumer measure is the regulation of dark pattern practices, by way of notification of ‘Guidelines for Prevention and Regulation of Dark Patterns, 2023’ (“Guidelines”).
Continue Reading Dark Side of Advertising: Decoding Dark Patterns for Platforms and Endorsers