This category curates all the online articles.
Introduction In India, the main legislation dealing with cases involving children is the Juvenile Justice (Care and Protection of Children) Act (“JJA”), 2015. This Act acknowledges that children require different considerations and approaches compared to adult offenders. However, cases involving serious offences, such as the recent ‘Pune Porsche Car Accident Case’, raise questions about whether Continue reading
INTRODUCTION Today, India is amongst the world’s largest and fastest-growing digital markets. India’s booming e-commerce market has about 125 million users, and an additional 80 million online users are expected by 2025. However, this digital landscape is not free from dominance exercised by Digital platforms like Google, Facebook, Uber, Ola, Amazon, and Flipkart, who have Continue reading
1. Introduction: The Rise of AI in India ARTIFICIAL INTELLIGENCE (“AI”) is the new buzzword in tech circles. Nvidia CEO started this conversation by saying, “Own your own national intelligence. You cannot allow that to be done by other people.” Taking pride in owning the intelligence in the digital realm of AI implies the existence Continue reading
Abstract In India, ‘arbitration’ is increasingly becoming the preferred method for effective and efficient determination of any commercial dispute. The question as to whether intellectual property (“IP”) disputes can be resolved through arbitral process requires detailed consideration and understanding, as several courts in India have reserved few classes of disputes for court’s determination and reserving Continue reading
Abstract This blog argues that the intensifying efforts to regulate AI, notably through initiatives like the EU AI Act, are predominantly driven by the Global North, often neglecting the significant socio-cultural, legal, and economic differences across countries. While there is widespread consensus that AI governance must adopt a global approach due to the technology’s borderless Continue reading
INTRODUCTION The Asia Pacific region, with its diverse geography, includes some of the world’s major energy-producing countries. However, it is notable that for energy production, conventional sources such as coal and oil are heavily relied upon. Primarily due to international agreements and climate conscious policies, nations located in the Asian subcontinent are actively switching to Continue reading
Introduction The fintech revolution in India is the product of intentional regulatory innovation, with the regulatory sandbox concept at its core. This framework serves as a testing ground for financial products, fundamentally reshaping India’s financial ecosystem. A regulatory sandbox, in essence, constitutes a controlled environment wherein firms may evaluate novel financial products with actual consumers Continue reading
Exciting developments are underway for Geographical Indications in India, with over 60 products receiving the Geographical Indications (“GI”) tag recently. This is particularly noteworthy as it marks the largest number of successful GI applications in a single instance since the Geographical Indications of Goods (Registration and Protection) Act, 1999 Act was implemented in 2003.
The international GI framework is quite diverse, and jurisdictions have adopted combinations of protections best suitable to them and their global trade. Depending on where you are, the framework covers many interesting subject matters ranging from agricultural and food products to wines. As far as a combined reading of the Geographical Indications of Goods (Registration and Protection) Act, 1999 and The Geographical Indications of Goods (Registration and Protection) Rules, 2002 are concerned, it is used to identify “agricultural, natural or manufactured goods or any goods of handicraft or of industry and includes food stuff originating in a definite territory in India.” The legal protection granted through a successful registration certificate lasts for 10 years and needs to be renewed failing which the GI tag may be revoked. For an application to be successful, the applicant must be an association of persons, producers, organization or authorities established by or under the law. The key factor is that the applicant should represent the interests of the producers. This is a significant departure from the otherwise individual creator notion of IP laws.
A verdict dated 14 May 2024 by Justice Bela M Trivedi and Justice Pankaj Mithal has declared that services provided by advocates shall not be covered under the Consumer Protection Act (“CPA”), 2019. This judgment has, thus, questioned the very basis of the application of the CPA to medical services as laid down in the V.P. Shantha judgement. The bench opined that the legislature could never have intended the Act to cover professional services, which are already governed by respective professional councils. The ruling raised questions of procedural propriety about a partial referral to a larger bench and judgment on hypothetical premises. It is at this juncture that differentiation between the legal and the medical professions had to be brought out, concerning standards of care. The Court referred the issue for reconsideration to a larger bench, without clarifying if the referral pertains to the whole judgment of Shantha or only the question of including professionals under the CPA that is under scrutiny. The case epitomizes the dilemma of balancing consumer protection with the maintenance of professional standards. It calls for review to guarantee a regime both of professional accountability and of consumer rights in dynamic consumer protection amidst technological advancement and global networking.
Securities and Exchange Board of India (“SEBI”) recent guidelines, issued on May 24, 2024, restrict the real-time dissemination of price data to third-party platforms in India’s securities market. Aimed at curbing misuse and ensuring market stability, these measures require stringent compliance from market intermediaries and Market Infrastructure Institutions (“MIIs”). The regulations balance innovation in financial technology with investor protection, mandating legal agreements and annual assessments for data sharing. By permitting delayed public access to price information for educational purposes, SEBI seeks to enhance transparency while deterring speculative activities. This regulatory framework underscores SEBI’s commitment to fostering a fair and secure securities market environment.
