Intellectual Property Rights (‘IPRs’) are rights in relation to ‘intellectual property’, whether contractual or under the statute. Intellectual property (‘IP’) refers to creations of the mind, such as inventions; literary and artistic works; designs; symbols, names and images used in commerce.
Legislations are intended to address issues involving specific subject matter. A right granted under one legislation may be affected by the provisions of another legislation. A logical question that follows is – which provision would prevail? The obvious answer is that the legislation dealing with the specific subject matter should prevail over general legislation.
The Parliament of India passed The Digital Personal Data Protection Act, 2023 (‘Act’) on August 11, 2023. The Act recognises the right of individuals to protect their personal data and the need to process such personal data. This write-up enquires into the manner in which personal data is to be shared by an individual while also discussing the manner in which entities may process this personal data.
Intellectual Property Rights (‘IPRs’) are rights in relation to ‘intellectual property’, whether contractual or under the statute. Intellectual property (‘IP’) refers to creations of the mind, such as inventions; literary and artistic works; designs; symbols, names and images used in commerce.
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (‘2021 Rules’)[1] were released by the Central Government in February 2021. The 2021 Rules are framed further to the exercise of powers by the Government of India under Section 87(2) of the Information Technology Act, 2000. The 2021 Rules have now been amended vide Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023. (‘2023 Amendment’).
With the increasing reliance on renewable sources of energy, India is leaving no stone unturned to fulfil the targets set forth by it in COP26. This rapid transition to renewable energy is causing an irreversible impact on biodiversity which merits adequate attention from relevant quarters. This article seeks to map the effect of growth in renewable energy infrastructure on biodiversity and the legal framework in this regard.
The government appointed a 16-member committee on Digital Competition Law[1] under the Ministry of Corporate Affairs to draft the “Digital Competition Act”. To start the process, the Standing Committee on Finance presented a report[2] on “Anti-Competitive Practices by Big Tech Companies”.
What is a REC? The renewable energy certificate (REC) incentivizes renewable energy producers (RE). India took this initiative to develop the RE market over a decade ago. Pan-India market-based Renewable Energy Certificate (REC) Mechanism was introduced in the year 2010 under the Electricity Act 2003 (“EA 2003“) and the National Tariff Policy 2006 (“Tariff Policy […]
Date | Version May 01, 2023| 2.0 Keywords ‘E-market place’ , ‘Central Government’, ‘Competition Law’, ‘Supreme Court of India’. List of Legislation Referred. 1. The Constitution of India 2. The General Financial Rules, 2017 3. The Competition Act, 2002 4. The Companies Act, 2013 Jurisdiction Republic of India The Indian Government has been actively promoting […]
Date | Version April 05, 2023| 2.0 Keywords ‘common carrier’, ‘contract carrier’, ‘Declaration’, ‘PNGRB’, ‘Authorization’, ‘natural gas pipeline’. List of Legislation Referred. Petroleum and Natural Gas Regulatory Board Act, 2006 (‘PNGRB Act’) Petroleum and Natural Gas Regulatory Board (Guiding Principles for Declaring or Authorizing Natural Gas Pipeline as Common Carrier or Contract Carrier) Regulations, […]
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The event aims to identify and felicitate lawyers who exemplify distinction, quality service delivery and demonstrate superior leadership, reputation, and profile as Indian Lawyers.
India Business Law Journal – published online and in print at law.asia – is a market-leading monthly magazine that delivers expert analysis of the legal and regulatory challenges facing domestic and international businesses in India.
Asian Legal Business (ALB) is owned by Thomson Reuters, the world’s leading source of intelligent information for businesses and professionals.
BW Legal World brings together the global Business and Legal demographic on one platform.
For 33 years, The Legal 500 has been analysing the capabilities of law firms across the world, with a comprehensive research programme revised and updated every year to bring the most up-to-date vision of the global legal market.
Benchmark Litigation is the definitive guide to the world’s leading litigation firms and lawyers.
Asialaw is the only legal directory featuring a comprehensive analysis of Asia’s regional and domestic firms, and leading lawyers from the region
The Associated Chambers of Commerce & Industry of India (ASSOCHAM) is the country’s oldest apex chamber.
IFLR1000 is a leading international legal market research product specialised in ranking financial and corporate law firms and lawyers.
Founded in 1994, Mondaq is an intelligent syndication platform providing world-class content and insights from professional services firms.
EDUCATION
B.S.L LL.B degree from ILS Law College in 2005
LLM post graduate degree in Commercial Law from University of Glasgow in 2006
Certificate Course in Strategic Leadership from IIM Calcutta in 2019
Diplomas in Cyber Laws, Medical Jurisprudence and Forensic Sciences, Human Rights and International Law.
MEMBERSHIP
Bar Council of Delhi, 2007
EXPERIENCE
Kashu has over 13 years of experience as a corporate and commercial lawyer.
Her area of expertise is in the field of Commercial/corporate law. She has experience in the field of data protection laws, privacy compliance, drafting and negotiation of contracts, legal project management, mediation, negotiating Tender/RFP/RFQ and software licensing.
Kashu has also handled contract lifecycle management of commercial contracts for hardware and telecom industries.
EDUCATION
B.A., LL.B (Hons.) degree from Maharashtra National Law University, Nagpur in 2022
Distance Learning Copyright Programme with Harvard Law School (in collaboration with NLU, Delhi) for 3 months in 2022
EXPERIENCE
Sragvi is deeply involved in the energy and infrastructure space. She advises clients in respect of legal diligence, risk assessment and public policy aspects of energy and infrastructure projects.
She is also involved in handling matters in relation to emerging technology.
EDUCATION
B.B.A., LL.B (Hons.) degree from University of Petroleum and Energy Studies, Dehradun in 2022
EXPERIENCE
Richa has a keen eye for matters in the Technology, Media and Telecommunication space. She regularly advises clients in respect of contracts involving SAAS (software as a service), SAAP (software as a product), and production of full CGI animation clips.
She has extensively worked on structuring transactions and preparing agreements with channel partners involved in the on-line lending facilitation platform (lenders, co-branding partners, sourcing partners).
Richa also handles matters in the in the oil, gas, LNG and hydrogen space.
EDUCATION
B.A., LL.B (Hons.) degree from National Law School of India University, Bangalore in 2021
EXPERIENCE
Ashwini has a natural inclination towards Technology, Media and Telecommunication. He advises clients engaged in activities involving Artificial Intelligence, on-line gaming, on-line platforms, and e-tendering.
He is also part of transactions involving Renewable Energy and development of infrastructure such as aviation fuel farm.
EDUCATION
B.B.A LL.B (Hons.) degree from Vivekananda Institute of Professional Studies (GGSIPU) in 2019
Qualified Company Secretary, Institute of Company Secretaries of India in 2019
LLM post graduate degree in Corporate and Financial Laws, Jindal Global Law School in 2022
MEMBERSHIP
Bar Council of Delhi and the All-India Bar Council in 2019.
EXPERIENCE
Praneet has over three years of experience in handling corporate and commercial matters. She specializes in handling Foreign Direct Investment and Overseas Direct Investment, Legal Due Diligence, Corporate and Capital Restructuring and Joint Ventures, Collaborations, Investments & Acquisitions.
She has extensively worked on drafting, negotiating and finalizing documents, including, Contract Manufacturing, Licensing Contracts, Distribution Agreement, Procurement Agreements, preparation of Policy documents for pharmaceutical companies.
Praneet is closely involved in transactions involving renewable energy, unconventional energy and waste management solutions.
EDUCATION
B.A. LL.B. (Hons.) degree from Amity Law School, Noida in 2020
A certificate course in alternate dispute resolution from Maadhyam, an International Council for Conflict Resolution.
MEMBERSHIP
Bar Council of Delhi
EXPERIENCE
Aditi has over two years of experience handling civil (property matters, matrimonial and family matters, recovery matters, employment matters) and commercial matters.
She represents clients before the District courts in Delhi and Gurugram. She also appears before the Delhi High Court and other fora including, Haryana Real Estate Regulatory Authority at Gurugram, Consumer Forums at Delhi and Gurugram, and Labour Courts at Gurugram.
Aditi is also involved in arbitrations relating to construction and infrastructure contracts in the oil and energy sectors.
EDUCATION
B.A. LL.B. (Hons.) degree from Amity Law School, GGSIPU in 2012
A certificate course in Corporate Laws from Indian Institute of Corporate Affairs.
MEMBERSHIP
Bar Council of Delhi
EXPERIENCE
Avsi has over ten years of experience in civil, commercial & corporate, litigation and arbitration. She specializes in handling disputes relating to engineering, construction and procurement contracts in the oil and energy sectors, infrastructure contracts, real estate disputes, contractual disputes, laws relating to micro, small and medium enterprises, white collar crimes, cybercrimes and recovery claims.
She regularly appears before the High Court of Delhi, District Courts in Delhi and Gurugram, Arbitral Tribunals and National Company Law Tribunal & Appellate Tribunal. She also assists clients in resolution of disputes (via conciliation, mediation or out of court settlement)
EDUCATION
LL.B Degree from Ranchi University, Ranchi, in 1992, Bachelor of Arts (B.A.), Economics degree from St, Columbus College in 1987.
MEMBERSHIP
Bar Council of Delhi in 1993.
EXPERIENCE
Deepak has over 30 years of rich experience before Central and State Industrial Tribunals and Labour Courts, Delhi, Provident Fund Appellate Tribunal, Employees’ State Insurance Court, Authorities under Payment of Gratuity Act, Delhi Shops and Establishments Act, Minimum Wages Act, and various other authorities under Labour and Employment Law.
He is adept on the advisory and transaction side of service, contract labour, employment & labour laws, and human resources.
Deepak has extensively worked on Writ Petitions under Articles 226 and 227 of Constitution of India, Land Acquisition matters. He has undertaken due diligence exercise in the power sector.
EDUCATION
LL.B. degree from Himachal Pradesh University, Shimla in 2009
LLM post graduate degree from Kurukshetra University, Kurukshetra, Haryana in 2014
MEMBERSHIP
Bar Council of Himachal Pradesh
EXPERIENCE
Nipun has over 13 years of trial court experience. He advises clients on matters relating to labour and employment laws, insolvency and bankruptcy law, motor accident & insurance claims, recovery suits, money laundering, forgery, theft of information, criminal breach, and extortion.
He represents clients before the District and Session courts in Delhi and Gurugram. He also appears before the Delhi High Court and other fora including, Industrial Disputes Tribunals at Gurugram, Haryana Real Estate Regulatory Authority at Gurugram, Consumer Forums at Delhi and Gurugram, National Company Law Tribunal & Appellate Tribunal and ICAI Appellate Tribunal.
EDUCATION
B.A., LL.B. (Hons.) degree from The National Law School of India University, Bangalore, India in 1995.
Certified Information Privacy Technologist – GDPR
MEMBERSHIP
Bar Council of Delhi in 1996
EXPERIENCE
Suniti is known for her eye for detail and provides a strategic, often simple yet innovative approach to complex legal transactions. She heads the corporate and commercial practice at the firm and has over 27 years of experience in the corporate sector.
One of her strengths lies in structuring transactions and documentation, domestic and cross-border, in sectors including energy, infrastructure and petrochemical and information technology. She has also worked with several domestic and overseas clients on a wide variety of transactions including inbound and outbound investments, mergers and acquisitions, and joint ventures.
EDUCATION
B.A., LL.B. (Hons.) degree from The National Law School of India University, Bangalore, India in 1995
Oxford Fintech Programme (Nov 27, 2017 to March 23, 2018), SAID Business School, University of Oxford
MEMBERSHIP
Bar Council of Delhi in 1995
EMPANELMENT (PUBLIC)
The High Court of Delhi (Middle Income Group) Legal Aid Society
EXPERIENCE
Divjyot is known to provide strategic, innovative and cost-effective solutions to complex legal challenges. He heads the dispute resolution and alternative dispute resolution practice at the firm. He has an acute insight into legal and commercial risk assessments, and regularly advises clients on risk mitigation measures. His strength lies in settling disputes at the pre-litigation stage and even when the matter is well-entrenched into the litigation process.
In a career spanning over 27 years, he has handled litigation and arbitration in diverse areas including energy- conventional and unconventional, engineering construction, real estate and information technology, employment laws (particularly employer-employee relationship management) and the infrastructure sector. He has represented various clients before the Hon’ble Supreme Court of India, High Courts, Competition Commission of India, Competition Appellate Tribunal, Consumer forums, Debt Recovery Tribunals and Debt Recovery Appellate Tribunal and various other regulatory boards.
He is a seasoned and experienced litigator and has represented various Public Sector Enterprises and Private Entities across a wide range of matters. He also extends his hand of experience with counsels in foreign jurisdictions, including, the Republic of Singapore and certain states in the United States of America.
Divjyot stands by ensuring personalized attention to clients and time-efficient services in a transparent manner.
