Author: Mr. Blogger B

THE TURMERIC CASE

On March 28, 1995 the United States Patent and Trademark Office (USPTO) granted a patent (US 5401504) to two expatriate Indians of the University of Mississippi Medical Centre for a method of promoting healing of a wound by administering turmeric to a patient afflicted with the wound. Turmeric is a plant yielding saffron-coloured rhizomes and has been used by the people of India for ages as a flavour for cooking. It has also been used widely as a colour dye and for cosmetics. Most importantly, turmeric has been used for its medicinal qualities to heal wounds and rashes. 

The Indian Council for Scientific and Industrial Research (CSIR) filed a case with the USPTO challenging the patent by providing evidence of “prior art”. CSIR presented an ancient Sanskrit text and a paper published in 1953 in the Journal of the Indian Medical Association to support their claim that the use of turmeric for medical purposes was known in India for many years and hence its use as a medicine was not a new invention. The USPTO upheld the objection and cancelled the patent on the grounds that it failed to meet the novelty criteria. 

WHAT IS TRADITIONAL KNOWLEDGE?

Traditional Knowledge means the development and transmission of the knowledge from generation to generation within a system, held by local individuals, families, lineages or indigenous communities.

THE SIGNIFICANCE OF TRADITIONAL KNOWLEDGE

Traditional knowledge (TK) is integral to the identity of most local communities. It is a key constituent of a community’s social and physical environment and, as such, its preservation is of paramount importance. Attempts to exploit TK for industrial or commercial benefit can lead to its misappropriation and can prejudice the interests of its rightful custodians. In the face of such risks, there is a need to develop ways and means to protect and nurture TK for sustainable development in line with the interests of TK holders. The preservation, protection and promotion of the TK-based innovations and practices of local communities are particularly important for developing countries. Their rich endowment of TK and biodiversity plays a critical role in their health care, food security, culture, religion, identity, environment, trade and development. Yet, this valuable asset is under threat in many parts of the world. There are concerns that this knowledge is being used and patented by third parties without the prior informed consent of TK holders and that few, if any, of the derived benefits are shared with the communities in which this knowledge originated and exists. 

HOW CAN WE PROTECT TRADITIONAL KNOWLEDGE?

 

• Defensive Protection: It aims to prevent people outside the community from getting intellectual property rights over traditional knowledge.  It can also be used to protect sacred cultural manifestations like sacred symbols or words from being registered as trademarks.

• Documentation: It helps in preservation, dissemination, use and management of this knowledge rather than for the purpose of legal protection.

 

• Positive protection: It is the granting of rights that empower communities to promote their traditional knowledge, control its uses and benefit from its commercial exploitation. 
• The ‘protection’ may be granted to exclude the unauthorized use by third parties of the protected information. 
• ‘Protection’ also means to preserve traditional knowledge from uses that may erode it or negatively affect the life or culture of the communities that have developed and applied it. 
• While recognizing the market-based nature of IPRs, other non-market-based rights could be useful in developing models for a right to protect traditional knowledge, innovations and practices. 
• Provisions under undisclosed information or trade secrets could be invoked to protect traditional knowledge not available in the public domain. 
• Geographical indications and trademarks could also be the alternative tools for indigenous and local communities seeking to gain economic benefits from their traditional knowledge.

MEASURES TAKEN IN INDIA

Developing countries need a systematic documentation of traditional medicine for protection purposes, regional and inter-regional information exchange and compilation of the requisite databases etc. To mitigate this problem, the Indian Government has taken steps to create a Traditional Knowledge Digital Library (TKDL) on traditional medicinal plants and systems, which will also lead to a Traditional Knowledge Resource Classification (TKRC). Linking this to internationally accepted International Patent Classification (IPC) System will mean building the bridge between the knowledge contained in an old Sanskrit Shloka and the computer screen of a patent examiner in Washington. This will eliminate the problem of the grant of wrong patents since the Indian rights to that knowledge will be known to the examiner. It is right time that India must evolve a viable and effective mechanism to protect the biodiversity, bio-information and creativity of indigenous communities.

CONCLUSION

The era of globalization has allowed the blatant misuse of traditional knowledge and granting of monopolistic rights to a few in spite of the fact that the traditional knowledge has been known and used for centuries by indigenous groups. Documentation activities undertaken by developing countries like India are worth recognition. However, unless there is awareness and strict measures about respecting and valuing traditional knowledge, corporations can always find a way to commercially exploit the traditional knowledge to their advantage. The main concern of protecting traditional knowledge should include equitable distribution of benefits, conservation concerns, preservation of traditional practices and culture, the prevention of misuse by unauthorized parties of traditional knowledge and promotion of its use and its importance in development. 

 

“Here’s a nation, one of the founding pillars was freedom of speech and freedom of expression. And yet we have imposed upon people restrictions, on what they can say, on what they can think. And the media is the largest proponent of this, crucifying people who say things really quite innocently.”

-Benjamin Carson

In India, trial by media has assumed significant proportions. Some famous criminal cases that would have gone unpunished but for the intervention of media are Priyadarshini Mattoo case, Jessica Lal case, and Nitish Katara murder case.

The media however drew criticism in the reporting of murder of Aarushi Talwar, when it pre-empted the court and reported that her own father Dr. Rajesh Talwar, and possibly her mother Nupur Talwar were involved in her murder. The media has again come in focus in its role in Arushi Murder case. The concept of media trial is not a new concept. Media has been termed as a magic bullet that directly hits the mind of the people. You automatically believe what media show you. ‘Yes! It was her parents who killed Aarushi’, and it was concluded before the final judgment of the court that put a question mark on the social responsibility of the media. In the 2002 Godhra riots, Narendra Modi was accused of killing Muslims in Gujarat. The media declared Narendra Modi as the culprit. Besides in 2014, high court of Gujarat gave clean chit in Godhra riots to our present Prime Minister but, still most of the people believe that he was the mastermind behind 2002’s killing! Henceforth, the reputation, respect and dignity suffer even after you have been proven innocent.

What is Trial by Media?

Trial is essentially a process to be carried out by the courts. The trial by media is definitely an undue interference in the process of justice delivery. Trial is a word which is associated with the process of justice. It is the essential component on any judicial system that the accused should receive a fair trial. Media Trial is basically adjudication by media in cases before or after the verdict of court has become a trend in the present scenario to increase the circulation and TRP of newspapers and news channels.

Media has now reincarnated itself into a ‘public court’ (Janta Adalat) and has started interfering into court proceedings. It completely overlooks the vital gap between an accused and a convict keeping at stake the golden principles of ‘presumption of innocence until proven guilty’ and ‘guilt beyond reasonable doubt’. Now, what we observe is media trial where the media itself does a separate investigation, builds a public opinion against the accused even before the court takes cognizance of the case.

By this way, it prejudices the public and sometimes even judges and as a result the accused, that should be assumed innocent, is presumed as a criminal leaving all his rights and liberty unrepressed. If excessive publicity in the media about a suspect or an accused before trial prejudices a fair trial or results in characterizing him as a person who had indeed committed the crime, it amounts to undue interference with the “administration of justice”, calling for proceedings for contempt of court against the media. Unfortunately, rules designed to regulate journalistic conduct are inadequate to prevent the encroachment of civil rights.

Free Speech v/s Fair Trial 

In the criminal justice system, which we have been following, the guilt is to be proved beyond reasonable doubt and the law is governed by senses and not by emotions. While displaying our emotions, the media and the masses forget that it puts tremendous pressure on the judge presiding over the case. How can we expect a fair judgment from a judge who is under such tremendous pressure from all sections of the society? A person is presumed to be innocent unless he is held guilty by the competent court, but here the trend is to declare a person guilty right at the time of arrest. The media is there to report facts or news and raise public issues; it is not there to pass judgments.

Conclusion

Media, as referred to by many as the “eyes and ears of the general public”. It forms the backbone of our society. And a responsible media is expected to take into consideration the reliance entrusted on it by the general public and confidence and faith entrusted whereby common man/public blindly accepts the truth of the news published by media. This actually calls for the existence of a responsible media. While acting as a responsible media, it should follow certain norms in reporting of a crime or any news related to the same, like, maintaining the accuracy of the case and verifying the same before it is reported/published, exercising caution to avoid any opinion which is opinion based, not interfering with the right to privacy and publishing anything based on mere suspicion rather rely on accuracy.

 

The term unfair labour trade practices, though has been heard very much as the part and parcel of labour laws throughout the world, is still a grey area where very little thought and study has been put into and the said statement is of high relevance, when one looks into the wide expanse of the labour market in India, undoubtedly one among the largest in the world, half of which still comprises of labourers from unorganized sector.

The need for an exclusive legislation on unfair labour practices has been long felt within the country for a long time. However, the approach of the Parliament in implementing the said need has been in a state of apathy. This is evident from the fact that the proposed amendment to the Indian Trade Unions Act, 1926 through the Amendment Act, 1947 wherein certain acts were specified as unfair labour practices has not yet been brought into force even after the passage of half a decade. There seems to be an obstruction for the legislature of the largest democracy of the world to enact a specific legislation regarding unfair labour practices, an impediment which is still known to none.  The said write up is emphasizing on the need of bringing in an exclusive legislation with regard to unfair labour trade practices and also discusses in detail, the possible effects, enactment of such a law will have on the labour economy of the country.

“The problem of labour law has become the problem of an entire economic order. A renovation of labour law is no longer possible without a renewal of that economic order … The social requirements of labour law are no longer compatible with the individual character of the economic system.”

 The increasing number of unfair labour practice cases is a subtle but an increasing threat to the national labour policies. Hence it is necessary that the problem is being properly addressed to. When such an observation is turned against a country like India, where historically itself the concept of collective bargaining has not been as effective as in other nations, the subject invites a large amount of thought and action to be put into it.

Since the labour regime of our country has been invariably indebted to its British counterpart, the effects that the labour laws of UK felt during the economic crisis was felt even in the colonial India and from there the labour laws of our country have not regained its balance that it lost due to the flaws in the policies that were adopted by its government in the dawn of its independence. Collective laissez-faire did not survive the strong economic currents which swept through the UK system of labour relations in this period. Being in the clutches of a colonial power meant that the repercussions of what happened in UK also happened in India. Collective Bargaining never was a popular concept in the few industries that we had during the colonial regime.

Hence, it can be understood that there was an inherent flaw in the labour policies of our country from its beginning. Despite this, the industrial jurisprudence in our country evolved at a rapid pace to ensure that the country moved correspondingly with the developments of the world. This can be understood by the fact that the significance of the concept of unfair labour trade practices was realised by the time of 1950, barely three years into the implementation of it umbrella legislation- The Industrial Disputes Act, 1947.

However, from there though the labour jurisprudence of our country has evolved in various fronts, the growth of the concept of unfair labour trade practices as such and its interpretation has seen very less or almost no major changes. The only major change with respect to unfair labour trade practices in our country has been the inclusion of the said concept in the parent labour legislation of the country. The rich body of case law that has been developed under the Maharashtra law stands testimony to the fact that that law is frequently used to curb unfair labour practices, in contrast to the virtually non-existent litigation of a similar nature under the Industrial Disputes Act. However, through the research that was carried out in the preceding chapters it was able to conclude that the concept of unfair labour trade practices as provided in the Industrial Disputes Act fails to deal with the subject in a comprehensive manner. Therefore the need of an exclusive legislation on unfair labour practices was felt. On the basis of the study that was carried out it was  found out that;

• Change in India’s labour policy occurs in a public realm, accessible to ordinary citizen and subject to public debate. Hence, any flaws, if present in the new legislation that has to be implemented will be cleared of then and there. 
• A new legislation if properly brought in and implemented will administer a system that will be able to entail every aspect of unfair labour trade practices. When this is effectively carried on, collective bargaining too will obtain a significant place in the industrial arena of our country. The law that will be produced by the new enacted legislation and its decisions will let the parties know what is expected of them thereby reducing the magnitude of litigation that is piling up in our courts regarding unfair labour trade practices.
• By enacting a new legislation and through it an administrative body like does not mean that it is the highway to Utopia. The problem within the present statutory framework is that it there is no amount of creative thought or innovation going in to work a revolution in labour relations in the country. However, the enactment and development of a new statute and remedies, is to suggest that an exclusive legislation will provide us something extra than the present Act.
• As noted earlier, the measure of success of the implemented Act will have a direct impact on Collective Bargaining. The acceptance of a newly established system will increase the acceptance of collective bargaining, there by bridging a gap that was present on the labour legislation of our country from its inception.

All the concluding points, if summed up together will reveal that the enactment of a law on unfair labour trade practices is necessary not only to have an all encompassing law dealing with the subject of unfair labour trade practices but also to makes sure that the existing glitches in our statutory framework are dealt with properly.

 

Well-known trade and service marks enjoy in most countries protection against signs which are considered a reproduction, imitation or translation of that mark provided that they are likely to cause confusion in the relevant sector of the public. Well-known marks are usually protected, irrespective of whether they are registered or not, in respect of goods and services which are identical with, or similar to, those for which they have gained their reputation. In many countries, they are also, under certain conditions protected for dissimilar goods and services. It should be noted that, while there is no commonly agreed detailed definition of what constitutes a “well-known mark, countries may take advantage of the WIPO Joint Recommendations on the Protection of Well-Known Marks.

Many countries protect unregistered well-known marks in accordance with their international obligations under the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement). Consequently, not only big companies but also SMEs may have a good chance of establishing enough goodwill with customers so that their marks may be recognized as well-known marks and acquire protection without registration. It is, nevertheless, advisable to seek registration, taking into account that many countries provide for an extended protection of registered well-known marks against dilution (Art. 16.3 TRIPS), i.e., the reputation of the mark being weakened by the unauthorized use of that mark by others.

You should be aware of the fact that a number of trademark laws merely implement obligations under Article 16.3. of the TRIPS Agreement and protect well-known registered trademarks only under the following conditions:

• that the goods and services for which the other mark is used or is seeking protection are not identical with or similar to the goods for which the well-known mark acquired its reputation
• that the use of the other mark would indicate a connection between these goods and the owner of the well-known mark, and
• that his interests are likely to be damaged by such use.

In order for a mark to be considered to be a well-known mark, it is sufficient that the mark is well known in at least one relevant sector of the public. It is not permitted to apply a more stringent test such as, for example, that the mark be well known by the public at large. The reason for this is that marks are often used in relation to goods or services which are directed to certain sectors of the public such as, for example, customers belonging to a certain group of income, age or sex. An extensive definition of the sector of the public which should have knowledge of the mark would not further the purpose of international protection of well-known marks, namely to prohibit use or registration of such marks by unauthorized parties with the intention of either passing off their goods or services as those of the real owner of the mark, or selling the right to the owner of the well-known mark. 

 

The protection which should be granted to well-known marks in application of the Provisions is protection against conflicting marks, business identifiers and domain names. The Provisions do not apply to conflicts between well-known marks and geographical indications or appellations of origin. However, the Provisions constitute a minimum standard of protection, and Member States are of course free to provide for broader protection.

A well-known mark is entitled to protection by a Member State at least as of the time when the mark has become well known in the Member State. This means that a Member State is not obliged to protect an “internationally” known mark if that mark is not well known in that State, or the mark is known albeit not well known. However, as expressed by the words “at least,” protection may be granted before a mark has become well known. Cases involving the protection of a well-known mark very often involve an element of bad faith. In such cases, ad faith should be considered in balancing the interests of the parties involved in cases concerning the enforcement of well-known marks. In the case of use of a conflicting mark, the time period of at least five years must be calculated from the moment from which the owner of the well-known mark had knowledge of the conflicting use.

It follows that there is no obligation to prohibit the use of a mark which is in conflict with a well-known mark where the owner of the well-known mark has knowingly tolerated such use during at least five years. The question of whether knowledge by a licensee of the use of a conflicting mark is attributable to the owner of the well-known mark is not dealt with by this paragraph and has, consequently, to be decided under the applicable law. A potential problem for the owner of a well-known mark could be a situation in which a mark which is conflict with a well-known mark was registered in good faith but never used. This situation will, in most cases, be taken care of by provisions under national or regional laws providing that the registration of a mark which has not been used for a certain period of time becomes liable for cancellation. However, if such a use requirement does not exist, a situation is conceivable in which a mark which is in conflict with a well-known mark has been registered in good faith but has never been used and had therefore not attracted the attention of the owner of the well-known mark. 

Indian Judiciary on Well-Known Trademarks

The Trademarks Act, 1999 protects the well-known marks at two level, i.e., against the registration of any similar marks and against the misuse of well-known marks.

Rolex Sa v. Allex jewellery Pvt. Ltd. & Ors. (2009 (41) PTC 284 Del

In this case the plaintiff brought an action against the defendant so as to restrain them from dealing in artificial jewellery or in any product bearing the trade name ROLEX. In the said case the, Court while invoking Section Section 2(z) (g) was of the view that the segment of the public which uses the watches of the category/price range as the watches of ROLEX (plaintiff) is a well-known trademark. The said segment of the public if comes across jewellery/artificial jewellery also bearing the trademark ROLEX is likely to believe that the said jewellery had a connection to the plaintiff. The court considered the provisions of Section 11(6) of the Act and opined that “upon testing the trademark of the plaintiff on the touchstone of the ingredients of the said provision also, I find the said trademark of the plaintiff to be satisfying the test of the well-known trademark.”

Indian Shaving Products Ltd. v. Gift Pack and Anr. (1998) PTC 698 Del

The Delhi High Court passed the judgement in favour of the plaintiff. In the said case the factor determining the reputation of a mark under Section 11(6) i.e. the duration, extent and geographical area of any use of trademark was dealt with. The defendants in the case alleged that the plaintiff has used the trademark ULTRA for a very short period and hence could not have acquired the necessary goodwill and reputation during the said period. However, the court while determining the facts of the case observed that the plaintiff had achieved high sales and advertised heavily thereby eliminating the requirement of long duration of sale.

The observation of courts in various cases indicate that the Indian Judiciary has been flexible in interpreting the laws relating to well-known trademarks and has time and again considered factors like spillover effect, trans-border reputation, honest and concurrent use, extensive use and advertisement etc. for the purpose of according special treatment to well-known marks.

 

The criminal justice system of a nation can only be as strong and efficient as the statutes governing such law are. The statutes that form the backbone of such system can be divided into two sub-categories: the substantive and the procedural. The Indian Penal Code forms the majority of the former category. With the IPC being the statute used that defines the offence and prescribes the punishment for such offence, it is one of the most important pieces of legislation. Not only this, it has also been deemed to be one ofthe best drafted legislations that India has. The IPC celebrates 150 years of being in the Indian Justice System, being accepted into multiple jurisdictions without one major amendment.

Being a traditional law subject, the Indian Penal Code is normally taught to law students at the very beginning of their course. It is a part of the foundation of their knowledge, and is a prerequisite for other subjects such as the Code of Criminal Procedure, the Indian EvidenceAct, etc. However, the Indian Penal Code is also one of the longer subjects, owing to 511 sections to study and analyze. No matter how much one learns in class, there always seems to be few landmark cases that seem to have missed out. The subject is highly interesting, and there is much to learn for those who are interested in the depths of the subject. It is also highly complex in nature, and thus requires a high level of knowledge and information in order to master this subject.

Enhelion has compiled a certificate course where in each chapter of the Indian Penal Code is discussed in detail. Right from analyzing the core components of each provision, to their provisos and the landmark judgments involved herein, this course gives the student an in-depth knowledge, which will be useful in the life of a litigant.

There is a reason that people say “It is best you consult a lawyer on this matter as soon as possible” whenever there has been an injury to a person. It is common knowledge that one cannot file acomplaint on a matter that happened a decade ago, as there is alimitation that is put on a person’s right to file a suit. Suchlimitation is governed by the Limitation Act, 1963. It is the first question that a lawyer faces when filing a lawsuit regarding the same, at what time does the statute of limitations run out? Suchlimitations are put for manifold reasons, the primary one being to encourage promptness in the minds of the public, and to ensure that the suit is brought when it is fresh and the witnesses can accurately remember what exactly had happened. Another reason for doing so is to relieve the defendants of the fear and apprehension of a perpetual law suit.

Another important aspect of litigation is the Specific Relief Act, 1963. This act was brought for remedies for persons whose civil or contractual rights have been violated. It is essentially used when monetary relief is not sufficient. The law prescribes that in an event where the actual damage for not performing the contract cannot be measured or monetary compensation is not adequate, one party can ask the court to direct the other party to fulfil the requirements of the contract. Combined, these two form important ingredients for a good lawyer.

Anticipating the needs of students and professionals looking to add this arrow to their quiver, Enhelion has collaborated with known professionals to bring a certificate course on the specific relief act and on the statute of limitations. The course is a self-paced one, with comprehensive assessments and many more rewards for those who wish to learn.

The world, including India is undergoing much changes and critical in consideration with regard to the insolvency and bankruptcy laws which are very vital to be analysed and recorded by everyone on the affecting end. The India code is apparently due for another set of certain amendments and given the current judicial and legislative processes, it is very eminent for the bankers, lawyers, accountants, management professionals and in fact everyone affected by the market to be aware of the deformities and with how are they being addressed by the authorities.

The insolvency and bankruptcy code of India, born in 2016 with an undertaking to unify the relevant and applicable laws in this regard and therefore was formed to serve the purpose of regulating timely and secured process of bankruptcy, insolvency and liquidation.

It does not require much emphasis to realise the sensitivity and significance of such processes for any company or organisation and thus its impact on the creditors and the market in toto. Neither can we ignore the fact from the apparent recent events in the nation with regard to the arbitrariness and questions faced by the code. One of the major issue is that there is a grave accumulation of plenty of pending cases with the judiciary that are old beyond the number of 270 days, despite the fact that one major purpose of the code was timely disposal of the cases within this specified time itself. The timely disposal clause is the essence of the code, directly determinant to the security of interest of the creditors too.

Besides an array of specializing options, Enhelion also takes up to render a 360 degree know how with regard to every course taken up by the users. A Certificate in insolvency and bankruptcy entails all the requisite information in order to understand the process and thus update themselves and keep pace with the evolution, as we say, knowledge is power and there is no alternative to knowledge.

 

 

 

All organizations rely on the use of information in their daily work. For this reason, organizations need to ensure that their information assets i.e. any piece of data which has value to the organization, such as an employee record, analysis reports, financial data, trade secrets, contracts, etc., are suitably protected. This is a key objective within a specific field called Information Security. Information security refers to the ways and means to protect printed, electronic, or any other form of confidential, private and sensitive information or data from unauthorised access, use, misuse, disclosure, destruction, modification, or disruption.

In today’s day and age, threats to data security, confidential information, and valuable intellectual property assets are a major area of concern for businesses of all sizes. As the world becomes more connected, the vulnerability of those assets is growing. While companies now realize the importance of being proactive in protecting their most sensitive information and IP, few know what steps need to be taken to address the growing risks.

The need for a deeper understanding of Information Security is bolstered by the fact that e-commerce and transactions on the internet are pegged to grow with time. Analysts even estimate that cybercrime will balloon to over $6 trillion annually by 2021. This will only mean that companies involved in the online space will look to bolster their cyber-security measures and expert personnel, fit to handle instances such as this. Additionally, with the copious amounts of data being stored, processed and analyzed by companies, understanding information security is a must for any practitioner.

The Certificate Course in Information Security Privacy and Data Protection offered by Enhelion will expand your horizons and deepen your knowledge, helping you understand key aspects of information security and data protection such as the Law and Policy of the Indian Cyberspace, the law and emerging trends relating to Data Protection, Privacy and Corporate Compliance, the Privacy Bill tabled in 2000, concepts such as Intermediary Liability among a slew of other topics.

Achieving the certificate provided by Enhelion will enable you to learn from industry practitioners and experts, whose teachings will be premised on the practical application of the laws involved instead of a theoretical approach. The course will also help students hit the ground running and stay ahead of the pack, instead of taking time to settle down and take additional time to develop an understanding of the practical nuances.

Lawyers within this space can be expected to advise clients on the broad range of issues that businesses face daily in order to secure data, guard valuable intellectual property, and comply with the laws, rules, and regulations regarding privacy. They would also require skills that help them to recognize, respond to, and minimize the serious risks associated with the collection, use, retention, disclosure, and disposal of personal information, susceptible IP, and data, and assist with the design and implementation of cyber-security and data protection best practices, compliance programs, and incident response plans to help organizations comply with the evolving new data privacy requirements.

In order to evolve a deeper understanding of the Information Security Privacy and Data Protection regulations in India, take Enhelion’s certificate course. Having a strong understanding of this subject can mean not only opportunities as an advocate for a client in a cybercrime case, but it can also open doors to being hired as a counsel by well-established IT companies and law firms that practice in this domain. Law firms and private practitioners these days, want to hire people who already have skills developed to a certain extent because no one would have the time to personally groom a new, young recruit. Enhelion courses can help you leapfrog this phase, giving you an equal footing with the best.

For more details on our Digital Forensics certification course Contact Us or write to us on info@enhelion.com

 

It was once said by a very wise man and accepted by wiser minds later that ‘peace’ and ‘resolution’ is the real need of the world and it is also the key that shall take us towards development and growth. We see diversified nations today coming together with deals and settlements through the alternate means of resolution. It eradicates the shortcomings of the adversarial court procedures, especially the time and costs which are comparatively much lesser involved.

International commercial disputes today prefer arbitration as the key to all their potential altercations or any foreseeable issues for that matter. Apparently, almost all international as well as national commercial contracts today have an arbitration clause, addressing the nature, jurisdiction, allocation of the arbitration bench and other relevant aspects that their contract shall be subject to.

Foremost, this is a very consensual way to resolve the disputes since it takes place as per the consent of the parties and not by default submitted to any one nation’s judicial system, that might later face problems in implementation. Secondly, the process is cost-saving and timely, especially preserving the relations among the parties which is of great importance in the commercial world. Therefore, the concept and evolution of ICA is a pacing development with various upcoming opportunities for the individuals in this area, like working with the ICC and plenty of other international judicial and commercial organisations.

With regard to the same, assessing the requisites of this area, Enhelion has put together a certificate course in International Commercial Arbitration, enabling requisite learning along with an authoritative certification encouraging individuals developing in this area. The course can also be taken up by those who wish to simply explore this ‘must-have’ skill and knowledge in the commercial age today, as another feather in their hat.

 

 

 

Since the Liberalisation and privatisation of the Indian Economy in the 1990s, the amount of Foreign Direct Investment (FDI) has only grown. The recent trends in the investment market where all the major players are aiming at getting a share in the local markets, India is proved to be one of the most welcoming economies as its one of the fastest-growing economies in the world. With the increase in FDI in the past few years and with the new government regulations and rules pertaining to FDI, it has become imperative for lawyers, law students, business owners, and managers to understand this concept.

There has been a lot of demand for lawyers or professionals who are expert in investments laws in the country as in the year 2017-2018 the Indian Economy has seen around 37 Billion Dollars of FDI inflow from 18 countries around the world. The scope for the practice in investment laws in India is very good as there are constant issues and disputes that arise with the investment treaties between 2 countries etc. To understand all these aspects which are attached to the FDI regulations and laws, it becomes important to understand how the policy is being framed the theories behind the concept of FDI, the sectors in which the FDI inflow is welcomed, etc.

The recent policy changes with respect to FDI inflow in the field of E-commerce, where the government said that the new policy for e-commerce bars companies from selling products exclusively on their online portals. Online entities with foreign investments cannot offer products sold by retailers in which they hold an equity stake and further elaborates that the E-commerce giants such as Amazon, Walmart owned Flipkart cannot stock their inventory with more than 25% of the goods from on single vendor etc. These changes made to the policy gives great scope for research and study as to look into the factors which influenced these changes in India.

The acquisition of Flipkart by Walmart last year for an amount of 16 Billion Dollars is considered to be the biggest inflow of FDI in the recent past in the field of E-Commerce in India. There have been cases in which the Indian Companies has also done Foreign Direct Investments in foreign countries, where Tata Steels acquired the European Steel Company Corus. In this way with the global presence practice of the Companies around the world, the amount of inflow and outflow of the FDI will only keep increasing. So, it becomes important to have a keen interest in investment laws in India to get a great area of practice. There are full-service law firms which specialize in handling investment procedures and disputes catering to the needs of the biggest companies in the world.

The course which is designed by Enhelion is one of the most comprehensive course offered in India which gives anyone an in-depth understanding of the working, structure and nature of FDI laws in the country from various practicing lawyers having experience in investment laws. The course helps develop an informed understanding of Foreign Direct Investment, the theories revolving around FDI, the manner and procedure of capital and revenue procurement, FDI and sectors in India and finally about the Overseas Investments by Indian Companies.

The method of testing adopted by Enhelion is an appreciable method, as it gives both an MCQ test and a written assignment to analyze writing skills, knowledge and understanding of the subject. I personally have taken up around 3 courses from Enhelion and it has greatly helped in understanding and get to know the subject better and personally has helped me perform better in my Law School as well.  FDI is one of the emerging areas of study and practice. So, anyone who is looking at a new area of study, research and even practice then FDI is a viable choice.

For more details on our Foreign Direct Investment certification course Contact Us or write to us on info@enhelion.com