Articles and Updates

STRETCHING IT TOO FAR? COURT CURTAILS IPR RIGHTS IN YOGA POSTURES
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The art of Yoga - which has both physical and spiritual dimensions - has been widely practiced in India since time immemorial, with an early treatise on the subject (Patanjali’s Yoga Sutras) reckoned to be written around 200 BCE. However, despite its ancient origins, even yoga and its derivative disciplines appears not to be immune from the subject matter of intellectual property litigation.

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FRAMEWORK STRIVES TO GIVE NEW LIFE TO DISTRESSED ASSETS
  • Sawant Singh -

As part of its policy to tackle the growing incidence of non-performing assets (NPAs) in the Indian financial system, the Reserve Bank of India (RBI) issued a discussion paper on 17 December 2013 which aimed at putting in place a framework that includes incentives for the early recognition of “problem cases” and restructuring of viable accounts.

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INSURANCE PRESS NOTE OFFERS LITTLE TO FOREIGN INVESTORS
  • Saket Shukla -

Foreign direct investment (FDI) in most sectors in India is governed by the Ministry of Commerce and Industry’s Department of Industrial Policy and Promotion (DIPP), which decides the extent of FDI in each such sector and related conditions. However, FDI in an insurance company is capped under the Insurance Act, 1938, and any change in the FDI cap would require the Insurance Act to be amended.

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VALIDATION OF OPTIONS PROVIDED TO NON-RESIDENTS
  • Siddharth Hariani -

The notification issued by the Securities and Exchange Board of India (SEBI) on 3 October 2013 provided much needed clarity on the validity of contracts relating to right of first refusal, tag-along and drag-along rights, and options to buy or sell securities contained in shareholders agreements or articles of association of companies. A criticism leveled at this notification was that it only addressed the validity of such contractual rights in the domestic context, and did not validate these contractual rights

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FRAMEWORK FOR PRESENCE OF FOREIGN BANKS IN INDIA
  • Sawant Singh -

On 6 November, the Reserve Bank of India (RBI) issued its much awaited framework for the presence of foreign banks in India. The framework envisages that foreign banks will be present in India preferably through wholly owned subsidiaries (WOS) rather than branches, and such WOS will enjoy “near national treatment”.

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