RGNUL Financial & Mercantile Law Review

24/12/2021

Enivro Space Disputes form a grey area in the contemporary legal sphere. As a result, the law enforcement agencies find themselves at odds when dealing with such matters which lack a definite jurisdictional territory. In such cases would a mechanism like arbitration be prudent to address this vaccum in the cosmos?

In this editorial column, Nishi Kaur (Junior Editor at RFMLR) would explore the feasibility of international commercial arbitration in enviro-space disputes.

https://www.rfmlr.com/post/navigating-the-grey-area-of-enviro-space-disputes-is-arbitration-the-way-to-go

15/11/2021

In recent times, the increasing presence of many multinational companies working in multifarious sectors has led to a significant rise in instances of abuse of dominance and anti-competitive practices in India and it is not uncommon now to find impositions on cartels involving operations across national boundaries. With the recent imposition of Rs 873 Crore fine by the Competition Commission of India Carlsberg, UBL, All India Brewers' Association (AIBA), and eleven individuals for cartelization in the sale and supply of beer illustrating the same, there is a need to build and develop the regulatory frameworks regarding an anti-cartel policy for abolishing and preventing these anti-competitive practices.

In this editorial column, Talin Bhardwaj (Senior Editor at RFMLR) and Raghav Sehgal (Copy Editor at RFMLR), explore the recent Competition Commission of India’s decision and the impact that this decision is likely to have on the enforcement against activities of cartelization.

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This Editorial Column is authored by Talin Bhardwaj (Senior Editor at RFMLR) and Raghav Sehgal (Copy Editor at RFMLR). 1. INTRODUCTION In recent times, the increasing presence of many multinational companies working in multifarious sectors, has led to a significant rise in instances of abuse of domi...

12/11/2021

Cryptocurrency serves as an exchange of digital assets with decentralized control to facilitate transactions without the need for a central regulating body, which has also led to its usgae in illegal transactions. Several legal developments concerning cryptocurrency have taken place in India with also some regulatory overlap between institutions in recent times.

In this article, Dr. Pralok Gupta (Policy Leader Fellow, School of Transnational Governance, European University Institute, Florence and Associate Professor, Centre for WTO Studies, Indian Institute of Foreign Trade, New Delhi) and Mr. Shreyansh Singh (Senior Research Fellow, Centre for WTO Studies, Indian Institute of Foreign Trade, New Delhi) explore the legal developments around cryptocurrencies in India, regulations in international jurisdictions and the absence of any universal approach for such a regulation, emphasizing the need of having a regulatory framework for cryptocurrency at the earliest.

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This guest post is authored by Dr. Pralok Gupta (Policy Leader Fellow, School of Transnational Governance, European University Institute, Florence and Associate Professor, Centre for WTO Studies, Indian Institute of Foreign Trade, New Delhi) and Mr. Shreyansh Singh (Senior Research Fellow, Centre fo...

29/10/2021

Intellectual Property is an ever-evolving field of law especially in recent times with the development of technology and brings along challenges of its own. It is therefore, imperative to protect the intellectual property rights of the owners in light of these advancements.

In an attempt to encourage discourse on the evolving landscape of IPR, RFMLR invited blog submissions from academicians, practitioners, legal experts, and students. The blog series led to an engaging discourse on various novel and unexplored topics concerning the field of intellectual property law. The blogs published discussed myriad topics.

Find the Instagram guide at https://www.instagram.com/p/CVnR7krpiKK/?utm_medium=copy_link

The publications and their authors are as follows-

Protection of Artificial Intelligence originated inventions: The Dabus/Thaller Effect (By Dr. Athira P.S.)

Google v. Oracle: The long war witnesses its final battle (By Ms. Niharika Salar)

Boosting Innovative climate in India via Utility model regime (By Mr. Sajid Sheikh and Mr. Adithya Anil Variath)

Innovation challenging the fluidity of legislation: The disruptive creativity of fluid trademarks (By Ms. Drishtana Singh and Mr. Manan Parmar)

Director's cut: A neglected copyright (By Ms. Gunjan Arora and Vedant Saxena)

Hollywood v. Bollywood: Copyright Infringement (By Nandini Modi)

The blog series thus led to the addition of novel analysis to the existing literature concerning the landscape of intellectual property rights.

22/10/2021

While loss-making companies such as Burger King and Zomato received overwhelming responses on their listing, India still needs to re-think its listing policies for start-ups. With many new-age tech companies coming in and start-ups as a sector booming in India, regulatory barriers must be eased for start-ups in order to benefit from their valuation and GDP contribution.

In this blog post, Praveen Sharma, a third-year student of B.A. LL.B (Hons.) at Maharashtra National Law University, Mumbai, explores the hurdles faced by startups in India to get publicly listed.

Read more at: https://www.rfmlr.com/post/stumbling-blocks-for-start-ups-to-list-in-india

This post was authored by Praveen Sharma, a third-year student of B.A. LL.B. (Hons.) at Maharashtra National Law University, Mumbai. 1. INTRODUCTION India has come a long way post-liberalization and with growing entrepreneurship, India has been witnessing tremendous growth in the start-up industry.....

16/10/2021

There is a close nexus between the owner and the author of an original work. The distinction between the two is what holds importance under Indian Copyright law. The distinction comes into play wherein powers in so far as negotiating the terms and conditions pertaining to distribution and promotion of the film are concerned.

In our recent blog, Ms. Gunjan Arora (Assistant Professor and Head, Centre for IPR, Institute of Law, Nirma University (ILNU), Ahmedabad) and Vedant Saxena (student at Rajiv Gandhi National University of Law, Punjab) have argued to view copyright through the lens of the director, the person responsible for the creation of the original work.

Read more at: https://www.rfmlr.com/post/director-s-cut-a-neglected-copy-right

13/10/2021

RFMLR Call for Blogs (Open Theme):

The demand for academic research in financial and mercantile law is expanding rapidly, attributable to the fast-paced advancement of the business sector in recent years. To match this growing demand and resolve the unfortunate absence of discourse in these sectors, consistent efforts and activities are required by all stakeholders.

In order to address this lacuna, the Editorial Board of RFMLR is accepting blog submissions on an Open Theme on a rolling basis from academics, legal practitioners, legal scholars, and students.

The Open Theme covers various areas of business and commercial laws such as corporate law, mergers and acquisitions, competition, insolvency, banking and insurance, capital markets, dispute resolution and ADR, international trade, investment funds, labour, employment, taxation, intellectual property, real estate, technology, media & telecommunication, and white-collar crimes; and other contemporary issues in financial and mercantile laws.

For detailed submissions guidelines, please refer to the brochure or visit buff.ly/3llaRp8.

We look forward to receiving your submissions!

09/10/2021

The Editorial Board of RFMLR is organising the 2nd Edition of the RFMLR Freshers’ Article Writing Competition, 2021 for the Batch of 2026. The objective of the Competition is to provide newly inducted students first-hand experience at legal academic writing by giving them a platform to pen down their views on significant legal issues in the field of business and allied laws. The Editorial Board will also strive to provide personalized feedback to all the authors.

The theme for the Competition is Deconstructing the Legal Contours of the Digital Entertainment Industry with sub-themes which are illustrative in nature.

The winning entry of the competition will be published on the RFMLR Blog. E-Certificates of Merit will be provided to the authors of the top three entries. E-Certificates of Appreciation will be provided to the remaining two entries amongst the top five. The Editorial Board may offer Research Assistantship opportunities to the winning entry or any other suitable entry.

Important Dates:
Last Date of Registration: November 1, 2021
Last Date of Submission: November 10, 2021
Declaration of Results: November 30, 2021

Register for the Competition here: https://buff.ly/2WW80JU

Kindly refer to the brochure for further details and submission guidelines.

In case of any queries, feel free to write to us at [email protected].

07/10/2021

RFMLR Call for Papers Volume IX, Issue I:

The Editorial Board is pleased to invite submissions pertaining to all areas of business and allied laws for Volume IX Issue I. The author(s) are free to make submissions pertaining to various areas of business and commercial laws such as corporate law, mergers and acquisitions, competition, insolvency, banking and finance, insurance, capital markets, securities, dispute resolution and ADR, international trade, investment funds, labour and employment, taxation, intellectual property, real estate, technology, media & telecommunication, and white-collar crimes.

Submissions encouraging an insightful discourse around any contemporary developments in the field of financial and mercantile laws are also welcome.

The Author(s) are required to submit their manuscripts by October 30, 2021.

Submissions can be in the form of Long Articles, Short Articles, Case Comments, or Book Review.

For detailed submission guidelines, please refer to the QR Code, or visit to buff.ly/3llaRp8.

04/10/2021

Insolvency law in India has recently completed 5 years and is an evolving law with numerous grey areas, including the catch 22 situation arising out of the breach in confidentiality clause. If the entire bidding process is not vitiated after the breach, then the process would be biased and principles of fairness on which the CIRP is based on would be compromised. However, conducting the entire process again would depreciate the value of assets and would lead to a even less value of Corporate debtor in bidding, forcing the creditors to bear even larger haircuts.

In this blog post, Kunal Gupta, a third-year B.A. LL.B (Hons.) student at National Law School of India University, Bangalore, takes the Videocon insolvency as a basis and attempts to provide solution to the conundrum of confidentiality clause. In his analysis, he also points towards the shortcomings in the IBC, 2016 and IBBI Regulations, 2016 to deal with such a breach.

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This post is authored by Kunal Gupta, a third year B.A. LLB (Hons.) student at National Law School of India University, Bangalore. Image Credits: https://www.investopedia.com/terms/i/insolvency.asp 1. INTRODUCTION Recently, the National Company Law Tribunal (“NCLT”) and the Appellate Authority (...

27/09/2021

In the party-centric dispute mechanism of arbitration, Indian parties have the autonomy to select foreign law as the governing law of arbitration between them. Lately, the Delhi High Court in Dholi Spintex Pvt. Ltd. v. Louis Dreyfus Company India Pvt. Ltd. has upheld such a choice. Notingly, the judgment is that of a HC that does not form a binding precedent on the SC or other HCs. Thus, the position on the issue remains obscure and unsettled.

In this blog post, Tanish Gupta and Shubham Gandhi, third and fourth-year B.A. LL.B (Hons.) students at Dharmashastra National Law University, Jabalpur respectively, attempt to explore the position of Indian arbitration law regarding this right of Indian parties and make a case for how the same is allowed, both in principle and statute.

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This post was authored by Tanish Gupta and Shubham Gandhi, third and fourth year B.A. LLB (Hons.) students at Dharmashastra National Law University, Jabalpur respectively. Image Credits: www.alri.ualberta.ca 1. INTRODUCTION In the noteworthy judgment of PASL Wind Solutions Private Limited v. GE Powe...

24/09/2021

There is a very strong case for waiving patent requirements in the present scenario owing to a large extent of the public funding of the vaccines, the necessity to meet the global public health challenge, and to complement the technology transfer obligation under international agreements.

In our recent post, Esha Goyal, a fourth-year B.A. LL.B (Hons.) student at the National Law School of India University, Bangalore, argues that the proposed patent waiver on COVID-19 vaccines arises within the ambit of WTO-TRIPS frameworks. Further, it has been discussed that the waiver neither imposes any undue costs on member nations nor does it hamper further pharmaceutical development.

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This post is authored by Esha Goyal, a fourth year student at National Law School of India University, Bangalore. Image Credits: Reuters 1. INTRODUCTION On May 21, 2021, in the wake of the concerted global effort to tackle the COVID-19 pandemic, a group of developing and least developed countries -....