Ayurvedic Medicine in Contemporary Times: Part 1 – Understanding Clinical Evaluation and Drug Development
Cyril Amarchand Blogs | India Corporate Law
by Biplab Lenin, Kartik Jain, Priyam Rajkumar and Shivansh Vishwakarma
2d ago
Introduction to Ayurveda Allopathic medicine, or modern Western medicine, has always played a dominant role in contemporary healthcare systems and is currently the mainstream practice. Nonetheless, Ayurveda – one of the oldest medical systems dating back thousands of years has stood the test of time, as its followers have reposed trust in its holistic healing properties for centuries. Ayurveda translates to “knowledge/science of life” in Sanskrit and emphasises the interconnectedness of the mind, body, and spirit for optimum health and wellness. Ayurvedic pharmaceuticals initially used materia ..read more
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Navigating Change: Unravelling the Biological Diversity (Amendment) Act, 2023
Cyril Amarchand Blogs | India Corporate Law
by Swati Sharma, Gitika Suri and Toshita Jha
2d ago
Introduction The Biological Diversity (Amendment) Act, 2023 stands as a pivotal milestone in India’s commitment to preserving its rich natural heritage. The present article comprehensively explores the revisions made to this legislative framework and their implications on biodiversity management in the country.  The Biological Diversity (Amendment) Act, 2023, (“Amendment Act”) began its legislative journey in December 2021, when the Bill was first tabled in Lok Sabha and solicited public feedback before being referred to a Joint Parliamentary Committee. The committee’s recommendations, wh ..read more
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Employee Share-based Incentives by foreign companies for employees of group companies in India: Should it be an ESOP, RSU, ESPS, SAR or Phantom Stock?
Cyril Amarchand Blogs | India Corporate Law
by Bharath Reddy and Abhishek Jain
1w ago
This post analyses the permissibility of and key legal considerations for share-based benefits/ incentives, like ESOPs, RSUs, SARs, etc., that foreign companies offer to the employees of their Indian group companies. Introduction Companies have started using share-linked and share-based benefits as incentives to retain employees on a long-term basis, and it is beginning to be the most valuable component of employees’ compensation/ remuneration or CTC. Employee stock options (“ESOPs”) are among the most common forms of share-based benefits. An ESOP is essentially an option (and not an obligati ..read more
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Rx for Referrals: Navigating the Ethical Considerations in India’s Medical Landscape
Cyril Amarchand Blogs | India Corporate Law
by Biplab Lenin and Priyam Rajkumar
1w ago
Introduction In the intricate ecosystem of global healthcare, the trust between doctors and patients forms the bedrock of ethical practice. A growing number of Indian healthcare service providers are integrating digital health technologies into their business development initiatives and operational framework, leading to an unsettling trend. Several such healthcare providers now deploy offline and online resources to set up and maintain incentive-driven patient referral networks through collaboration and partnership arrangements with healthcare institutions and practicing doctors. These arrange ..read more
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Case-Specific Exemptions under the Takeover Regulations: Key Takeaways from SEBI’s Orders
Cyril Amarchand Blogs | India Corporate Law
by Anshu Choudhary and Aman Borthakur
2w ago
Background In terms of the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 (“Takeover Regulations”), acquiring control and/or shares/voting rights of a listed company beyond the specified quantitative thresholds (i.e. initial acquisition of 25% or more of the voting rights; or subsequent acquisition by a person holding at least 25%, of more than the creeping acquisition limit of 5% voting rights in a financial year) can trigger an obligation to make an open offer to its shareholders (“Open Offer”). The Takeover Regulations contemplate ..read more
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Decoding Patent Searches: A brief on the types and strategies
Cyril Amarchand Blogs | India Corporate Law
by Swati Sharma, Gitika Suri, Sandeep Pandey and Shailendra Shukla
3w ago
Introduction Intellectual Property Rights (IPR) have undergone significant evolution in the recent past, and the increasing number of filings for different types of IP rights across the world show the increasing commitment of countries to foster innovation, creativity, and their desire to sustain it. In today’s rapidly evolving landscape of innovation and technology, securing intellectual property rights through patents has become paramount for businesses and inventors. However, navigating the complex realm of patent law demands a thorough understanding of existing inventions and their legal i ..read more
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Patents Act, 1970 or Competition Act, 2002: SC to decide applicability on actions of patentee
Cyril Amarchand Blogs | India Corporate Law
by Swati Sharma, Gitika Suri and Rohit Raj
1M ago
Background The Supreme Court (“SC”) issued a notice[i] on a special leave petition filed by the Competition Commission of India (“CCI”) on March 1, 2024, against a Division Bench order of the Delhi High Court (“Delhi HC”) passed on July 13, 2023. The impugned order dealt with four appeals and a writ petition filed by Telefonaktiebolaget LM Ericsson (“Ericsson”), CCI, and Monsanto Holdings (P.) Ltd. (“Monsanto”) against previous Delhi HC judgements in Ericsson AB v. CCI (March 30, 2016)[ii], Ericsson AB v. CCI (December 14, 2015)[iii], Monsanto Holdings (P) Ltd. v. CCI (May 20, 2020)[iv], and ..read more
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Strategic structuring and modelling Global Capability Centres (GCCs) in India: How to set up
Cyril Amarchand Blogs | India Corporate Law
by Bharath Reddy and Abhishek Jain
1M ago
In part II of our series on establishing global capability centres (“GCCs”) in India,[1] we discuss the key issues that foreign companies face when strategising the structure and model for setting-up a GCC. Introduction The rapid expansion and growth of GCCs in India have compelled many MNCs to either scale up their existing centres or open one if there is none. It is crucial for a foreign entity (“Foreign Entity”) seeking to set up a GCC in India to conduct a structuring analysis and evaluate its position ahead of making a proposal. Given that it is very difficult (and possibly impractical ..read more
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Role of the Audit Committee – Need for a Deeper Reflection
Cyril Amarchand Blogs | India Corporate Law
by Bharat Vasani
1M ago
Context As the financial year 2023-24 draws to a close in a few days, it is the right time to reflect on the functions and responsibilities of the Audit Committee as well as address some “inconvenient” questions concerning their effectiveness vis-a-vis various listed and unlisted companies. Following the audit of year-end financial statements, the Audit Committee typically convene meetings, examine the statements, and confirm to the Board of Directors that such financial statements (FS) reflect the “true and fair view” of the state-of-affairs of the company as mandated by law. But can one be c ..read more
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Holding-Subsidiary Relationship – Legal & Regulatory Architecture
Cyril Amarchand Blogs | India Corporate Law
by Bharat Vasani and Miloni Mau
1M ago
Background Companies, as the business grows, operate through their subsidiaries for various reasons such as flexibility in operation of different units, expansion in different geographies, etc. While subsidiary is an entity over which the wholly owned subsidiary has control, the Companies Act, 2013 (“CA 2013”) recognises subsidiary companies as a separate legal entity. In Vodafone International Holdings BV v. UOI, [1] the Supreme Court of India held that “A company is a separate legal persona and the fact that all its shares are owned by one person or by the parent company has nothing to ..read more
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