Background India is quickly emerging as a major force in global commerce as it continues to strengthen trade relationships with other nations. The United Arab Emirates (UAE) is one such nation with whom India shares strong commercial ties built on the principles of strategic partnership and reciprocal prosperity. As an emerging economy, India enjoys many advantages – a young demographic,  strategic position in global efforts to de-risk from China, a robust digital public infrastructure, a nation at the cusp of a clean energy transition, and increased relevance in multilateral negotiations ..read more

Historical Context The Government of India’s socialistic approach towards controlling managerial remuneration between 1960s and 1990s has been a painful chapter in the history of India’s company law. While the restriction applied only to those on the board of directors, the limits the then Department of Company Affairs had prescribed in its administrative guidelines under the Companies Act, 1956 in November 1969 was as low as INR 7,500 per month and further reduced to INR 5000 per month years later. Any payment beyond those limits required the Central Government’s approval, which was also a ve ..read more

Background Banks in India are often on the look-out for potential acquisition opportunities to spur inorganic growth. While their strategic interests will determine their targets, in recent times, banks have been evaluating acquisition of non-banking financial companies (“NBFCs”) and more specifically micro-finance institutions (“MFIs”), which primarily cater to the rural and unorganised markets. Given that NBFCs focus on providing loans to consumers and small-scale businesses, they play a key role in driving the country’s economic growth. India’s NBFC sector grew by 10% (ten percent) in recen ..read more

This article examines some pitfalls around the processing of “voluntarily provided” personal data under India’s Digital Personal Data Protection Act, 2023 (“DPA”), and it is the second of a three-part series. The first, focussing on “employment purposes” can be accessed here. The Temptation of “Voluntary Provision” Under the DPA, private Data Fiduciaries may process a Data Principal’s personal data either on the basis of an express consent or to the extent permitted for certain legitimate uses. Recording valid consents under the DPA is onerous. Such consent must not only be free, specific, in ..read more

Prologue From claiming phantom carbon credits to the mid-air opening of a plane door: recent instances highlight the need and role of robust corporate governance practices in preventing and identifying misconducts. Resultantly, thwarting potential regulatory actions. This article explores recent changes in India’s regulatory regime regarding Environmental, Social, and Governance (“ESG”) disclosure requirements with a special focus on disclosures related to corporate misconduct. Metamorphosis of ESG framework in India Taking cognizance of the increasing focus on business responsibility globally ..read more

Introduction Section 3(h) of the Patents Act, 1970, states that a method related to agriculture and horticulture falls under inventions not patentable. The purpose of Section 3(h) of the Act is to protect “conventional” practices followed by farmers, and to safeguard traditional farming, cultivation and breeding practices within the public domain, preventing exclusive rights and monopolies through granting of patents. Section 3(h) has survived through amendments and has remained an essential part of the Patents Act, highlighting the importance of the Section. In 1957, a committee was appointed ..read more

Willowood Chemicals Private Limited’s (hereinafter “the Patentee”) patent was revoked by the Controller of Patents (hereinafter “Controller”) due to post-grant opposition as the Controller held that the Patentee had failed to display any technical advancement and synergism between the components of the claimed composition across the breath of the claims. The Patentee had filed an application (No. 3591/DEL/2014) titled “A Novel Synergistic Seed Treatment Composition” in 2014, and was granted patent on May 09, 2019, with patent no. 312514. The granted claims[1] were directed to a synergistic se ..read more

Introduction The Indian food industry thrives on innovation and dynamism, hence ensuring the safety of food products remains a top priority for the Indian authorities. The Food Safety and Standards Authority of India (“FSSAI”) serves as the guardian of public health, that introduced the Food Safety and Standards Act, 2006 (“FSS Act”). This legislation read with its compendium of regulations, rules, and guidelines meticulously outlines the framework for every step of the food supply chain from its origin to your table. While the FSS Act provides a foundational framework, the nuances of the regu ..read more

Introduction India’s private healthcare entities are increasingly participating in government initiatives, in a sector historically dominated by private players. This synergy is evident in public-private partnerships like the Ayushman Bharat National Health Protection Mission and the Pradhan Mantri Jan Arogya Yojana. The aim of the programmes is to expand healthcare access and affordability, reflecting a significant policy shift towards inclusive health coverage. The 2024-25 Interim Union Budget marked another milestone in this evolution, unveiling plans to leverage existing hospital infrastru ..read more

In part VI of our series on key legal considerations for establishing global capability centres (“GCCs”) in India,[1] we discuss global in-house centres or GICs that precede and are a variant of current GCCs. Introduction – What are GICs? Global In-house Centres (“GICs”), termed “captive centres” in the early 1990s, were “offshore centres” for multinational companies (“MNCs”) and large entities to perform specific outsourced business functions/back-end operations. These “offshore centres” were essentially “in-house” offshore centres, considering these were within the MNC group itself. Cost-re ..read more