Law, Liberalisation and Globalisation in India: Just a Game of Chance?

This paper is a part of a larger research on the working of business law in India in the changing context of globalisation and liberalisation. The macro theme requires details of the changes in law, economy and business in different fields. However, as the changes in the economy were in a nascent stage, the details were yet to emerge. Now, after a decade of reforms, changes in different fields are beginning to be discernible. Towards creating a corpus on the working of law in its micro details, this paper takes up the law on holding of games, contests and lotteries for promotion of products and services. With liberalisation, as entry into production and services is no more a barrier, firms have got into aggressive and competitive trade practices to entice the customers. This has included proliferation of games, contests, lotteries and similar promotional schemes. The paper explores the working of the provision on the subject, contained in the Monopolies and Restrictive Trade Practices Act, and finds out that while the business practices in the post-liberalisation-globalisation period required better regulation, the interpretation of the law by the courts has made the law non-existent.

Community at the Core: A Study of Sarvodaya Nano Finance Limited

The paper traces the evolution of Sarvodaya Nano Finance Limited (SNFL). At the outset we explore the background of SNFL, the motivation for the promoters to set up the organisation and how it has grown from the time it was taken over by the community trusts promoted by ASSEFA. As a part of the study, we examine the unique legal structure set up for federating the small SHGs that were widely spread out in the areas of its operation. The idea of federating the SHGs was to leverage the dispersed savings and interest earned on the initial donor resources that were made available to the SHGs at their early stages. The aggregation of these dispersed resources into SNFL enables the women SHGs to mobilise funds from commercial banks and specialised MFI lenders, for an accelerated growth of the movement. The paper examines the rationale for having this structure, its vulnerabilities and the possibilities for growth within the given structure. We argue that this is not a structure that can be replicated easily. We also argue that it cannot grow aggressively in the long run, unless some basic design changes are made. The paper also discusses the basic question on how to structure resources that are given by the donor community for the larger benefit of the poor; and when to bring in the individual stakes of the beneficiaries if one were to promote long lasting institutions. The paper also raises critical questions on governance and management. While appreciating the impressive result achieved by ASSEFA and BASIX in getting a community owned professionally managed institution into being, it also raises questions on whether there are inbuilt mechanisms of carrying forward this effectively in future – given the structuring of capital and rights of each of the constituents.

Changing Context of Trade Mark Protection in India: A Review of the Trade Marks Act, 1999

With liberalisation and globalisation of the Indian economy, it has become possible for anyone to get into production and services in most of the sectors. This has led to rampant misuse and appropriation of trade marks. In an insulated economy, with monopoly markets, law protecting trade marks had a limited role. In the changed context, however, trade mark law will be a field of much interest for academics and practitioners. Towards this, the paper explores the formation of trade mark law in India. India has made a new trade mark law, the Trade Marks Act, 1999, which has come into effect from September 2003. This replaces the Trade and Merchandise Marks Act, 1958. The Act of 1958 had provided for registration of a trade mark in relation to particular goods falling in a specific class. A registered owner could prevent unauthorized use of the trade mark. The new Act has taken note of changes in trade and business practices. For example, it has included service marks and collective marks for registration; expanded the definition of a mark; and expanded the scope of ‘infringement’ of trade marks. While the previous Act discouraged protection to foreign marks, the new one has reversed this by giving special protection to ‘Well known trade marks’. Further, foreign trade marks can be assigned and registered with very few restraints. In addition, the Act has strengthened civil and criminal liabilities for misusing trade marks.

Liberalisation and Law on Comparative advertising in India

With the liberalisation and globalisation of the Indian economy, as could be expected, firms have been aggressively and vigorously promoting their products and services. These practices raise questions about truthfulness and fairness of representation of products and services. Not only the consumers but even the firms need adequate law against unfair trade practices to have some ‘rules of the game’ for competing among themselves. In a competitive environment, every representation of a product or service, is about what ‘others are not’. This paper reviews the law in India on representations (advertisements) which have an element of comparison. The provisions on this aspect formed a part of the Unfair Trade Practices under the Monopolies and Restrictive Trade Practices Act. In the changing context of proliferation of advertisements, the law needed to be further strengthened in its application. To the contrary, even the existing law has been liquidated with the repeal of the Monopolies and Restrictive Trade Practices Act. It has been suggested that the same protection against unfair trade practices have been available under the Consumer Protection Act. Thus, the repeal of the Monopolies and Restrictive Trade Practices Act would not be of any significance. However, within the structure of the Consumer Protection Act, competing firms cannot be ‘consumers’ to approach a consumer forum. The paper illustrates that the opening up of the economy, on its own, is not going to create and sustain competition. Appropriate law, adequate enforcement, infrastructure and quick dispute settlement mechanism would be needed to sustain competition.

Making Way for Foreign Trade Marks: The New Trade Mark Law in India

Following the requirements of the General Agreement on Trade and Tariff (GATT), India enacted the Trade Marks Act, 1999, replacing the Trade and Merchandise Marks Act of 1958. The new law has come into effect only from September 2003. The Act of 1958, in the context of India’s thrust to create an isolated economy to protect and promote Indian industries, discouraged foreign trade marks. The new Act has reversed this and given special protection to foreign trade marks. The paper reviews the changes which have been brought about towards strengthening rights of foreign trade marks. A trade mark could not be registered unless it had goods bearing the mark in the Indian market. Due to import restrictions, the goods of foreign firms could not be in the Indian market and, thus, the marks could not be registered. The new Act has taken away this constraint for ‘well known trade mark’. Trade marks which are well known in any part of the world, can be registered even if there are no goods in the Indian market. Further, no Indian mark can be registered if it detracts in any manner from the value of a ‘well known trade mark’. A registered trade mark, not used for five years, could be removed from the register. This provision has been diluted in favour of foreign trade marks. Only the Central government, considering interests of domestic industries and prevention of trafficking in trade marks, could permit licensing of foreign trade marks. The new Act has removed these constraints.

Search for Technology to Maximise Pyrite utility in Bihar

Rapid increase in population growth rate is greatly affecting the economy of the country. The development in the field of food production is required to keep pace with the increase of the population which is added every year, depite the boost provided by green revolution duly aided by the latest water-management techniques, which have largely helped in increasing the agricultural prod-uction.production. Thus our Nation continues to be under the threat of food scarcity even today. To meet the chall-enge of this threat agricultural output perforce, has to be stepped up from the available land. Besides the exis-ting vast tract of barren land, some of the present fertile land is also becoming barren due to its conti-nuous use. Thus in the present context, need for recl-aiming and replenishing the sick alkaline or acidic soils of the country and Bihar in particular is a necessity

Need for Utilisation of Leaner and Unmarketable ores of Bihar by Innovation in ore dressing and Metallurgical Process.

The State of Bihar is rather unfortunate to have so many leaner and unmarketable mineral deposit. It is endowed with a wide mineral deposits. It is endowed with a wide mineral resource base (Table-1) and condtinue to be a leading state in mineral production accounting for about 25 percent of the total value of minerals produced in India. But this fortunate trend is not going to last long

A rare case of post-partum cerebral venous sinus thrombosis

Cerebral venous sinus thrombosis is a rare neurologic emergency during pregnancy. Life threatening complications can be prevented if it is detected and treated well in time. A 24 years P2L3A2 lady, who had undergone elective caesarean delivery developed sudden onset severe episodic parieto-occipital headache and bilateral diminution of vision on 4th post-partum day. She had no known risk factors for thrombosis. There was no history suggestive of sepsis or pre-eclampsia. On clinical examination her blood pressure was found to be very high (164-180/104-110 mm Hg). There was no sensory or motor deficit. Relevant haematological and biochemical investigations were within normal limits. Urinary protein was negative. With a provisional diagnosis of imminent eclampsia, she was put on antihypertensive and Magnesium Sulphate. However, in view of persistence of the symptoms even after 24 hours, contrast-enhanced computed tomography (CECT) was done, which revealed venous infarction in occipital cortex and subcortical white matter. Magnetic resonance (MR) venography confirmed thrombus in left transverse and sigmoid sinuses. Thus, definitive treatment in the form of heparin in therapeutic doses was started. Antihypertensive was continued and prophylactic anticonvulsant was added in view of presence of the infarction. Patient responded well. Vision improved, and headache resolved completely. The patient was discharged on antihypertensive, anticonvulsant and vitamin K antagonist (Warfarin sodium) with an advice of regular follow-up. Cerebral venous thrombosis (CVT) is an uncommon entity and a high index of suspicion is needed to diagnose it at an earlier stage for timely initiation of treatment and prevention of complications. Prognosis in pregnant cases is better than that during a non-pregnant state