Corporate Law Firm with over 28 years of IPR, Commercial, Litigation & Corp Law Practices in Pharma, Biotech, Infrastructure, Energy, Shipping & FMCG verticals
Our article titled “The Cannabis Law Review: India”was published by The Law Reviews in its September 2023 edition. The article discusses the #cannabis related #regulatory#policy and #laws in India and the recent developments in respect thereof.
Considering the growing interest worldwide and India both from #AYUSH#cosmetics and other potential uses, we hope that this article may be a helpful guide and enhance understanding of some of the nuances of the legal framework that regulates #cannabis
Symbiosis Law School, NOIDA on the occasion of World Food Day on October 16, 2023 has organised a ‘Bridging the Gap to Zero Hunger on World Food Day’ Seminar.
Developments around Biodiversity Laws: India & BeyondIndia became a signatory to the CBD in 1994 and enacted the Biological Diversity Act, 2002 (BDA) & Biological Diversity Rules, 2004(BDR) in pursuance thereof. Subsequently, the Nagoya Protocol was included in the domestic law via ‘Guidelines on Access to Biological Resources and Associated Knowledge and Benefits Sharing Regulations, 2014’. Under the existing law (Sections 3 & 6 of the BDA particularly), prior permission is needed from the National Biodiversity Authority (NBA), the regulatory authority constituted under the BDA, by foreign individuals, institutions or companies for - (i) for obtaining any Indian biological resource or knowledge associated thereto for research or commercial utilization in Form I of the BDR ; (ii) for third party transfer of accessed Indian biological resources for monetary considerations in Form II of the BDR; and (iii) for applying for any kind of IPRs (in or outside India) based on any research or information on a biological resource obtained from India in Form III of the BDR. The NBA grants the approval by making the applicants sign benefit sharing agreements as per the scheme provided under the 2014 Guidelines. Contravention of provisions attract criminal penalties. While more than 2 decades have passed since the enactment of BDA, the existing ambiguities have resulted in inconsistencies in the interpretation of the provisions under the BDR and the obligations that arise therefrom. From CLG’s past experience, it can be stated that interpretations given to the term ‘value-added products’ have often remained inconsistent. Further, few obligations imposed on researchers under the benefit sharing agreements are often too vague and often commercially unviable such as obligating the applicant to make India as the first source of supply of the biological resources for the purposes of its commercial utilization or the commercialization of IPR as the case may be. With the objective of addressing these concerns long-standing concerns of the stakeholders, the Biological Diversity (Amendment) Bill, 2021 (Bill) was introduced in Lok Sabha on December 16, 2021 with an objective to simplify, streamline and reduce compliance burden, encourage conducive environment for collaborative research and investments, simplify patent application process, widen the scope of levying access and benefit sharing with local communities and for further conservation of biological resources. While the Bill does propose insertion of new definitions that hitherto did not form part of the BDA such as ‘access’, ‘derivatives’ etc. and amendment of few existing one such as widening the definition of ‘Biological Resources’, it still falls short in providing clarity on few terms like ‘by-product’, ‘value-added product’, exemption granted to NTACs etc. The Bill was referred to the Joint Parliamentary Committee (JPC) on December 20, 2021 which tabled its Report in the Parliament on August 2, 2022 with several recommendations such as need for defining codified traditional knowledge, modification to penal provisions etc. A few of the recommendations of the JPC are likely to be incorporated in the Bill which is expected to be tabled for passing in the upcoming Monsoon Session of the Parliament in July-August 2023. Other international developments may have a bearing on how the laws in India shape up. The WIPO Intergovernmental Committee (IGC) has been holding discussions on the draft ‘International Legal Instrument Relating to Intellectual Property, Genetic Resources (GR) and Traditional Knowledge (TK) Associated with GRs’ with an aim to enhance efficacy, transparency and quality of the patent system with regard to GRs and Associated TK. Several aspects such as definition of TK is being looked at. Special Session of the IGC is scheduled to be held in September 2023. The ongoing negotiations on EU-India FTA too has provisions on ‘Trade and biological diversity’ that recognise the importance of conserving and sustainably using biological diversity and the role of trade in pursuing these objectives, consistent with decisions adopted under CBDs and its protocols, the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) etc.
@Manisha29013218@HrishikeshRayc2@CorpLawGroup
#biodiversity#CBD#Nagoya#IGCWIPO#nba📷#biodiversityact
India to Amend its Biodiversity Rules
By Bart Van Vooren, Giulia Romana Mele & Léna Beley on February 4, 2022
In collaboration with Corporate Law Group, New Delhi, India
https://t.co/pFvpE94Pla
OTC policy: India will soon allow the sale of certain drugs without the requirement of a prescription, as part of a new over-the-counter (OTC) policy for drugs.
Draft notification likely soon.
https://t.co/RDXFqf0l2F
We made a presentation on Vessel Sharing Agreements (VSAs) and Competition Law issues on behalf of World Shipping Council (WSC) this afternoon. WSC members operate 90% of the world’s liner vessel services and transport more than USD 4 trillion worth of goods annually. #liners
our Partner Anubha Agarwal, shares her views on how companies have benefited from IBC and what more can be done to best utilize this legislation.
#Policy circle, #msme’s, #homebuyers, #Covid19impact
Listen to her views here: https://t.co/9psHxMz4vf
Here is a sneak peak to where we stand after 5 years of the Indian Insolvency laws. In a recent interaction at the Policy Circle Leadership Summit 2021,
Please join Anubha Agarwal Lawyer, Corporate Law Group for an interactive session at the Leadership Summit 2021.
Date and time: August 28 Saturday, 5 pm
You may register at : https://t.co/zTBQycCZiW
#Policy Circle Leadership Summit 2021
#Strategies for Sustainable Recovery
An article titled "Changes to Arbitration law may open a can of worms" written by Navnit Kumar, Partner, Corporate Law Group, published in Policy Circle on February 22, 2021
https://t.co/S1lQOIvSZB
#Arbitration#Law@krishnasarma68
@NavnitK41291744
Amidst the pandemic, we like scores of others, could mourn and celebrate our dear colleague Bhaskar’s passing away by having a virtual memorial meeting on December 22, 2020. We are grateful to all who took the time to attend. Our Special thanks to those who spoke on the occasion.
Program Flow:
1. Bhajans by Sriparna Nandi
2. Krishna Sarma, Managing Partner, Corporate Law Group (Host)
3. Ranjit Shahani, Former President, OPPI and MD & Chairman Novartis India
4. Manoj Saxena, MD, Bayer India
5. Rakesh Chitkara, Abbott
6. Jyotsna Ghoshal, J&J