Cross-border trade plays a vital role in boosting a country’s economic growth. With accelerated globalization, we have observed India emerging as one of the major players in the global supply chain. In the past decade, there has been a substantial rise in cross-border transactions; both in terms of volume and value and this rise has revealed various statutory hurdles in the extant applicable laws governing cross-border trade.
The article discusses the recent circular which is issued by International Finance Services Centres Authority (‘IFSCA’) for imposing an obligation on Authorised FMEs, registered FMEs (Non-Retail) and Registered FMEs (Retail) to maintain a website or a webpage dedicated to their fund management activities in the IFSC.
The article discusses the conceptual foundations of the force of attraction rule, traces its judicial evolution in India, and evaluates the relevance of the doctrine in an era increasingly shaped by source-based taxation and digital nexus rules.
The notification of the Employees' Provident Funds Scheme, 2026 (‘2026 Scheme’) with effect from 1 July 2026, was anticipated to settle and provide clarity on the regulatory framework governing international workers under the Code on Social Security, 2020. However, it has done the opposite in one respect. The 2026 Scheme retains a dedicated framework for international workers and carries forward the substance of the erstwhile Paragraph 83 of the EPF Scheme, 1952 (‘1952 Scheme’) and Paragraph 43A of the EPS, 1995.
Recently, the Ministry of Electronics & Information Technology (‘MEITY’) released a draft amendment (‘Draft Amendment’) to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (‘Guidelines’) for public consultations. The Draft Amendment proposes to bring about certain changes to the grievance redressal mechanism, timelines for responding to grievances and proposes constitution...
In November 2019, the Government of India (‘GOI’) surprised the international trading community by withdrawing from the negotiations for the Regional Comprehensive and Economic Partnership Agreement (RCEP), which it had been part of for several years.
This article concerns Section 50 of the Central Goods and Services Tax Act, 2017 (‘CGST Act’). Much has been said and done about whether interest is liable to be paid on the gross tax liability in case of delayed payment of taxes.
Securities Market Regulator, SEBI, on 5 May 2021, made it mandatory for the top 1,000 listed entities (by market capitalization calculated as on the 31st day of March of every financial year) to provide annually a Business Responsibility and Sustainability Report (BRSR) from the financial year 2022-23.
A contentious issue that has seen much litigation in the recent past is regarding the claim of expenditure under Section 37 of the Income-tax Act, 1961 (‘IT Act’) incurred by pharmaceutical companies on gifting of freebies to doctors.
On 14 February 2022, the Review Board of the United States Copyright Office (‘Board’) opined on the registrability of works generated by Artificial Intelligence (‘AI’), a topic which has been deliberated by scholars and professionals in the field of intellectual property law since the advent of autonomous technology.
The article analyses a recent decision of the Delhi High Court wherein the Court refused to grant the prayer seeking issuance of an omnibus order restraining the Defendants from offering domain names containing the word ‘SNAPDEAL’. Yet, the Court held that the Defendants will not be granted the ‘safe harbour’ protection under Section 79 of the Information Technology Act, 2000 if they continue to provide alternate domain names, for commercial profits, which infringe the registered trademarks.
The CERT-IN has released a set of Directions dated April 28, 2022 under the Information Technology Act (“Directions”) which relate to reporting of cyber security incidents and adopting additional measures towards protection of the IT and internet ecosystem in India. The article discusses the directions, enhanced obligations and new obligations introduced under the Directions for virtual private networks, virtual private servers and virtual asset providers…
Goldman Sachs backed Renew Power - one of India’s largest renewable energy companies, finally announced overseas listing through SPAC after long drawn discussions on raising funds through asset sale or listing through an IPO in India.
Particular Market Situation is a situation existing in the market of a product in the exporting country which is ‘particular’ or ‘distinct’ to the product in a manner that it can potentially distort its domestic selling prices and render them unfit for comparison with the export prices. Observing that the law is silent regarding the appropriate approach to determine the existence of a PMS, the article discusses some recent cases wherein the Indian investigating authority undertook a PMS analysis
The article analyses decision of the Delhi High Court which has held that once the Plaintiff has shown that the use by the Defendants is of the exact word i.e., the registered trademark of the plaintiff, and that the goods or services are identical, the Court will necessarily presume that confusion would arise in the minds of the public or consumers as to the origin of the goods or services and accordingly, an interim injunction would have to be issued. The authors state that even though...
The article discusses a recent Delhi High Court decision reiterating the principle encapsulated in Section 124 of the Trade Marks Act, 1999 while also clarifying the scope of Section 124(5). The Court confirmed that an interim order can be passed even if the infringement suit has been stayed in view of Section 124. However, the Court stated that in order to analyze whether an interim order can be passed under Section 124(5), it is imperative to look...
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