by IJLMH | Dec 30, 2018
Introduction: The Intellectual Property law in India has undergone an unfathomable change over the past decade. However, innovation, technological advances and the commercial gains which could be derived from such rights have led to the problem of increased litigations such as patent trolls. ‘Patent troll’ is a negative term used to describe an entity that enforces its patents against one or more alleged infringers in a manner that is considered unduly aggressive or opportunistic. Patent Trolls usually have no intention to manufacture or market the patented invention and their sole purpose is to make some quick money through cease and desist orders and Patents infringement litigations.
Purpose: This is a crucial area of research as patent trolls take advantage of the prevalent loopholes in the patent law system in various ways such as drawing huge settlement compensation from companies that cannot afford the cost and resources of litigation; they deter innovative companies from investing in research and development through the threat of litigation; and they do not practice the patents they hold, thus contributing no innovation in the advancement of technology and immunizing themselves from countersuit. In addition, trolls exhibit anticompetitive behaviour.
Methodology: The authors have used secondary sources to understand the prevalent patent law system and the best practices of various countries in order to draw a parallelism for the identification of solutions for the same.
Value: This Paper provides a survey of the modern patent landscape, addressing certain areas of the patent system that patent trolls are able to use to their advantage. This Paper then advocates that various concerned agencies play a more integral role in curbing anticompetitive troll behaviour and proposes several methods of patent reform.
by IJLMH | Dec 30, 2018
This case commentary will give a critical analysis of the landmark judgment Govt. of NCT of Delhi and Ors.Vs. Union of India. The case of Govt.of NCT Delhi and Ors.Vs. Union of India is a judgment where it was held that the Lt. Governor of Delhi is bound by the aid and advice of the elected government of Delhi and cannot interfere in every matter. The dispute between the Centre and Government of Delhi primarily revolved with the demarcation of powers. This paper will talk about the facts of the case, the arguments and reasoning from the parties which include the arguments from the appellant and the respondent, and the judgment.
The facts of the case talk about how the dispute between the Govt. of Delhi and the Centre started and how it reached the Supreme Court. It is a trajectory of events. The issues deal with the primary issues on which the tussle revolved on. The arguments from the parties include the arguments from the appellant as well as the respondents. Both arguments include the constitutional provisions which are been violated, precedents which are being violated and the reasoning behind their arguments. The judgment includes the final decision by the constitutional bench and the rationale behind this decision.
by IJLMH | Dec 30, 2018
The procedure of mergers and acquisitions has increased significant significance in the present corporate world. This procedure is widely utilized for rebuilding the business associations. In India, the idea of mergers and acquisitions was started by the administration bodies. Some outstanding money related associations additionally took the fundamental activities to rebuild the corporate segment of India by embracing the mergers and acquisitions strategies. The Indian financial change since 1991 has opened up a ton of difficulties both in the local and global circles. The expanded challenge in the worldwide market has incited the Indian organizations to go for mergers and acquisitions as a critical key decision. The patterns of mergers and acquisitions in India have changed throughout the years. The prompt impacts of the mergers and acquisitions have likewise been differing over the different parts of the Indian economy. Till later past, the frequency of Indian business visionaries getting outside endeavors was not all that normal. The circumstance has experienced an ocean change over the most recent few years. Securing of remote organizations by the Indian organizations has been the most recent pattern in the Indian corporate part. The different elements that played their parts in encouraging the mergers and acquisitions in India are great government arrangements, lightness in economy, extra liquidity in the corporate segment, and dynamic demeanors of the Indian business visionaries are the key factors behind the changing patterns of mergers and acquisitions in India.
by IJLMH | Dec 30, 2018
This article tends to focus on the part that the adjudicating authority i.e. The National Company Law Tribunal (“NCLT”) plays while considering the resolution plans (“Plan”) that the resolution professional (“RP”) presents to the committee of creditors (“CoC”). The Insolvency and Bankruptcy Code, 2016 (“IBC”) provides for resolution of insolvency of persons in a time bound manner along with the maximisation of value of such person’s assets, to promote entrepreneurship, availability of credit and to balance the interests of all stakeholders. Under the IBC, upon occurrence of default in payment, the financial creditors, operational creditors and corporate debtor can each individually approach the adjudicating authority (“NCLT”) for admitting the corporate debtor into the corporate insolvency resolution process (“CIRP”).
by IJLMH | Dec 30, 2018
Mergers and acquisitions are the important process in the banking industry to make financial gains enormously. Main aim of merger and acquisition in the banking sectors is to improve the economies of scale. A merger means combination of two companies into one company. During the merging process one company survives and the other company loses their corporate existence. On the other hand acquisition means takeover. Mergers and acquisitions are these days common choices for business survival and development. They imply the difference of enterprises to new conditions being one in every of them, the mixing of the enterprises concerned within the deal. That integration is achieved through strategic actions in structure processes and structures, in addition as through the management of the subjective conditions that support human performance. one in every of these conditions is that the individual and team identities. The identity plays a vital mediating role within the adaptation and integration as a result of the mutual acknowledgment of the self and therefore the different in any social interaction has the facility to influence the social interaction. Mergers and acquisition bank not only gets new brand name, new structures, product offerings but additionally give opportunities to cross sell the new accounts acquired. The process of mergers and acquisition is not new in the banking industry. This paper deals with the mergers and acquisitions, types of merger, legal framework, approval of Reserve Bank of India and historical perspectives of banks M& A, impact of mergers and acquisition in banking industry
by IJLMH | Dec 30, 2018
A standout amongst the most important functions of RBI is to fill in as regulator and supervisor of financial system. The financial system in India incorporates Commercial Banks, Regional Rural Banks, Local Area Banks, Cooperative Banks, Financial Institutions including Development Financial Institutions (DFIs) and Non-Banking Financial Companies. RBI infers its controlling forces for Indian Banking System from the arrangements of the Banking Regulation Act 1949. For different substances, it gets control from the RBI demonstration 1934. The goals of this capacity are to secure the enthusiasm of the contributors and keep up the wellbeing and soundness of the banking and Financial System of the nation. After the progression of the Indian Economy and Banking changes in 1990s, the abundance of the supervisory functions of RBI moved toward becoming has developed massively. To stay aware of the additional significance of this capacity, the Board of Financial Supervision was comprised in 1994. From that point forward, BFS is filling in as the principle managing power behind RBI’s regulatory and supervisory activities. The Banking Regulation Act, 1949 came into force on March 16, 1949. It contained various aspects related to banking in India.
