ArticleAfter Drop In Sales, Will COVID 19 Lead To Eviction Of Retailers From Malls?Mall leases have ceased to be in the nature of a tenancy agreement.IndiaReal Estate and ConstructionKochhar & Co.
ArticleSupreme Court Ruling Sets The Foundation For GST On Secondment Of EmployeesJapanese Multinational companies often share their talent pool across borders and jurisdictions by secondment of Japanese nationals. IndiaEmployment and HRKochhar & Co.
ArticleThe Imbalanced Element Of "Balanced" Ham-Based AgreementsAmidst the ambitious economic reforms undertaken by the Government of India, a slew of initiatives have been introduced for attracting investments in the transport and road sectors. IndiaGovernment, Public SectorKochhar & Co.
ArticlePharmaceutical Patents And Section 3(D): The Ongoing Struggle Over Enhanced Therapeutic Efficacy In IndiaHowever, it also posses a threat to all the incremental inventions that are underway for the intermediate products or processes...IndiaIntellectual PropertyKochhar & Co.
ArticleScent Without Sense: Why India’s Trademark Law Might Not Be Ready For Olfactory MarksIndia's Trade Marks Registry has accepted its first olfactory mark for a rose-scented tyre, using a seven-dimensional scientific vector for graphical representation. This landmark decision raises critical questions about whether India's statutory trademark framework is adequately equipped to accommodate smell marks, or whether this acceptance stretches legal interpretation beyond its intended design. IndiaIntellectual PropertyKochhar & Co.
ArticleUpdate On Copyright Offences In IndiaOn May 20, 2022, the Supreme Court of India cleared up any uncertainty and upheld that the offence of copyright infringement is a cognizable and non-bailable offence. IndiaIntellectual PropertyKochhar & Co.
ArticleSEZ (Amendment) Rules, 2017 – Boon or Bane for Law FirmsThe Amendment of Rule 76 of the SEZ Rules, 1976 on January 3, 2017 to allow Law and Accountancy Firms to set up shops in SEZs, though short in content, is arguably big on implications for domestic and foreign Law Firms. IndiaInternational LawKochhar & Co.
ArticleIndia And Net NeutralityAn interesting aspect to the regulation relates to content applications where telcos and other parties compete with each other.IndiaMedia, Telecoms, IT, EntertainmentKochhar & Co.
ArticleDelhi High Court Quashes NOC Requirement For Further ConstructionAn analysis of the judgment in Harish Bajaj & Anr. versus North Delhi Municipal Corporation & Anr. - wherein the Hon'ble Delhi High Court held that the NOC requirement of the NDMC from all the owners in a building was unwarranted.IndiaReal Estate and ConstructionKochhar & Co.
ArticleIndia Trade And Tax ScanThe Act also introduces clear provisions on loss, damage, and recovery procedures, including strict notice periods and a one-year limitation for claims, while recognising the growing role of digital documentation and electronic bills of lading...IndiaTaxKochhar & Co.
ArticleEnforceability Of Employment Bonds In IndiaOver the last decade, change in business environment due to globalization has resulted in greater business competition.IndiaEmployment and HRKochhar & Co.
ArticlePatent Law Updates - August, 2022Under Indian Patent law, a patent application is deemed to be abandoned if a response to a First Examination Report ("FER") is not filed within six months...IndiaIntellectual PropertyKochhar & Co.
ArticleUpdating Force Majeure Clauses For India-Japan ContractsThe COVID-19 pandemic transformed force majeure clauses from overlooked boilerplate provisions into critical contract terms that determined business survival. This article examines how Indian and Japanese companies have fundamentally revised their commercial agreements in response to lessons learned during the pandemic, moving beyond traditional "acts of God" language to address modern disruptions including pandemics, cyberattacks, and regulatory changes. GlobalCorporate/Commercial LawKochhar & Co.
ArticleThe Curious Case Of The Auto Parts Decision v The Suzuki Motorcycle Decision: Why Is CCI Muddying The Waters?If the CCI has taken a view that the sales and the aftersales markets are different in the automobile industry, then surely the same standard needs to be adhered to for evaluating the two-wheeler market as well. IndiaAntitrust/Competition LawKochhar & Co.
ArticleLockdown 2.0: MHA Notification Dated April 15, 2020 – Some Ambiguities And Discrepancies Persist While New Ones Crop Up.The Ministry of Home Affairs issued an order on April 15, 2020 containing the revised consolidated guidelines on the measures to be taken by the Central and State Governments for containment of COVID 19.IndiaCoronavirus (COVID-19)Kochhar & Co.
ArticleEmployment Law – Union Budget 2025The mission will lay emphasis on five focal areas- ease and cost of doing business, a future-ready workforce for in-demand jobs, a vibrant and dynamic MSME sector, availability of technology and availability of quality products.IndiaEmployment and HRKochhar & Co.
ArticleDefence: Key Changes In The Regulatory Landscape Pursuant To Atmanirbhar BharatThe Government of India has been very active in putting in place the necessary framework to implement the objectives of the ‘Atmanirbhar Bharat Abhiyan'.IndiaGovernment, Public SectorKochhar & Co.
ArticleIntellectual Property SpotlightWe are pleased to present the latest edition of our IP Spotlight, sharing important updates, key developments, and practical insights, all tailored to help you stay updated in the practice of Intellectual Property.IndiaIntellectual PropertyKochhar & Co.
ArticleIndia's Stand On Emergency Arbitrators And Emergency AwardsThe Supreme Court of India on 6th August 2021 in Amazon.com NV Investment Holdings LLC v Future Retail Limited & Others handed down a seminal decision in relation to enforcement of an Emergency Arbitrator's ("EA") award.IndiaLitigation, Mediation & ArbitrationKochhar & Co.
ArticleThe Dilemma Between The Arbitration And Conciliation Act & The Electricity ActThere is no quarrel that great strides have been made in promoting arbitration as the preferred dispute resolution choice for both India Inc. as well as many government organisations...IndiaLitigation, Mediation & ArbitrationKochhar & Co.