Intellectual Property licenses in cross-border insolvency: Lessons from In Re Qimonda

Introduced in 2016, the Insolvency and Bankruptcy Code overhauled the Indian insolvency regime. Five years young, the Code is now in the process of adopting the Cross-Border insolvency, which was omitted from its original mandate. In 2018, a legislatively appointed committee suggested that the Code should adopt the UNCITRAL Model Law on Cross Border Insolvency. However, the Committee overlooked a crucial jurisprudential guideline, which colored the interpretation of the Model Law. It was a crossborder insolvency dispute between American and German regimes. An American bankruptcy court subjected to the German administration of American Intellectual Property assets to protection exclusively available within the American Bankruptcy Code. This paper studies the American judicial decisions in the Samsung v. Jaffe dispute to identify and underline the importance of its directive. The study reveals that there is virtually no guidance on how an intellectual property license is treated within the Indian insolvency regime. The authors underline the importance of such guidance considering the proposed adoption of the Model Law and suggest legislative inquiry in the issue

Record size black marlin, Makaira indica (Cuvier, 1832) landed at Bhimilipatnam, Andhra Pradesh

A gigantic black marlin, Makaira indica measuring 4.3 m in length and weighing around 450 kg was landed at Bhimilipatnam beach landing centre and brought to Visakhapatnam Fishing Harbour

Compensation for Environmental Damage: Progressively Casting a Wider Net, but What’s the Catch?

In the case Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v. Nicaragua)–-Compensation Owed by The Republic of Nicaragua to The Republic of Costa Rica (the Costa Rica case), the International Court of Justice (ICJ) had to ascertain the compensation amount due by Nicaragua for the environmental damage it had caused to Costa Rica. This was the first time the ICJ was asked to weigh in and settle an environmental damage compensation claim between two states. After a concise introduction in Part I, this Article will first review the distinction between state responsibility for wrongful acts (as applicable in the Costa Rica case) and the international liability of states in the absence of wrongfulness in Part II. In Part III a detailed analysis of the Costa Rica case will be undertaken, with as its starting point the explicit acknowledgment by the ICJ that compensation is, indeed, due for damage caused to the environment, in and of itself, even if that damage is caused to non-marketable components of the environment, such as damageto a wetland or damage to an ecosystem. Next, this Article will critique the absence of transparency in the ICJ judgment on the valuation method it applied to calculate the final compensation amount as well as the paltry sum which Nicaragua ultimately owed to Costa Rica in this case. The general reluctance by the ICJ to apply punitive damages, in principle, does open an interesting comparative law debate on how common law and civil law countries differ in applying punitive damages in environmental cases. Where punitive damages may not be uniformly applied in national jurisdictions, most domestic courts do readily appoint experts in environmental matters given the inherent technical and scientific nature of such disputes. Therefore, this Article suggests the view that moving forward the ICJ should more actively appoint its own independent experts in environmental disputes, rather than merely relying on the evidence brought forward by the parties. This would go a long way in arriving at more robust scientific conclusions which in turn would allow the ICJ to contribute in a more meaningful manner to the development of international environmental and climate change law. Part IV seeks to demonstrate how domestic responses by the judiciary or the legislature increasingly tend to go further and be more proactive compared to the approaches of international regimes and adjudicating bodies when addressing environmental damage claims. This is illustrated based on a brief analysis of both the Deepwater Horizon and Erika oil spill cases and contrasted with the cases handled and interpretation given by the International Oil Pollution Compensation Funds when interpreting terms such as “environment” and “environmental damage.” Part V offers some concluding thoughts on the overall contribution of the ICJ’s Costa Rica case, including the suggestion that the court could have adopted a more “proactive judicial policy” in such an important transboundary environmental dispute between states

आँध्रप्रदेश की वेलापवर्ती मात्स्यिकी संपदाएं

आँध्रप्रदेश की वेलापवर्ती मात्स्यिकी संपदाए

Doctrinal Conflict in Foreign Investment Regulation in India: \u3ci\u3e​​NTT Docomo vs. Tata Sons\u3c/i\u3e and the Case for “Downside Protection”

The strategic importance of India as an investment destination for foreign investors is highlighted by ongoing tensions in the Indo-Pacific region, and the recognition that a strong economic relationship with India is in the interest of countries seeking a more stable balance of power in the region. From a policy perspective, India has struggled to balance its own economic interests with the commercial requirements of investors. Rules attempting to strike this balance have created uncertainties that have resulted in investors seeking greater protections, which in turn have triggered additional regulatory responses. The prevalent use of put options by foreign investors, whereby Indian parties are required to buy out their counterparties at pre-determined prices, has been a prominent subject of these regulations. India’s judiciary has been drawn into this cycle through actions brought by foreign investors seeking to enforce arbitration awards validating their exit rights. In the process, they have created their own interpretation of the applicability of foreign investment rules that support principles of freedom of contract. This doctrinal conflict with regulatory policy is illustrated by a high-profile dispute involving one of Japan’s largest and most well-known companies, NTT Docomo, and one of India’s largest and most trusted companies, Tata Sons. Using, principally, the Docomo-Tata case as an example, and a review of other similar disputes, this paper analyses the regulatory and judicial doctrines that have shaped foreign investment regulation in India and explores the public policy implications of the conflict for India. In doing so, it proposes regulatory reforms to provide more clarity and certainty for investors, suggesting that express recognition of “downside protection” for investments provides a rational balance between private commercial interests and public regulatory objectives

Annual reproductive cycle of sea cucumber Holothuria (Halodeima) atra Jaeger (Holothuroidea : Aspidochirota) at Tuticorin, Southeast coast of India

Knowledge on population parameters is a pre-requisite for the rational management of holothurians. Infonnation on the various species is scarce despite their abundance and size, which qualify them as a significant component of the benthic macrofauna of lagoon and coral environments. The reproductive biology studies of sea cucumbers are of great importance in understanding the annual breeding season, recruitment panems and stock enhancement in the natural environment. Likewise, it also helps in establishing a hatchery system to produce seeds. Induced spawning could be achieved through thennal stimulation for seed production. This enhances importance of a species for mariculture activities, where adequate seed supply is an important criterion. Seasonal reproduction is a mode associated with the storage of gametes. followed by subsequent release in a mass spawn-Qut. It implies a non-random allocation of resources to reproductive activities in relation to environmental and biological inputs. Holorhuria arra is one of the commonest sea cucumbers in the tropical waters. It is well distributed in the Indo-West Pacific. Oriental and Australian regions. In India, it is reported from the Gulf of Kutchh, Bombay (Mumbai), Ramagiri , Goa. Karwar, Quilon, Vizhinjam , Kanyal.:urnari, Gulf of Mannar, Palk Bay, Madras (Chennai) , Visakhapamam, the Lakshadweep islands and the Andaman and Nicobar islands. This species occurs in shallow waters in good densities. In Tuticorin port region, about 5-8 specimens could be found in 10 sq. m. area. Many holothurians possess saponin-based toxin In their body. The degree of toxicity varies with each species. This toxin is found to inhibit bacterial and fungal action. When H. arra is handled in live condition. a red toxin known as holothurin, stains hand. Rao er at. (l985a and b;1991) states that the toxins of H. arra are of biomedical importance, since they exhibit anti-rumoural, anti-fertility and anti-cancerous properties. The toxins proved lethal for unwanted organisms in culture ponds during the experiments conducted by James (1986a). The significance of the toxins of H. arra in biomedical research enhances the potential commercial importance of the species. Many holothurian toxins are found to inhibit bacterial and fungal action

Auditors’ Negligence and Professional Misconduct in India: A Struggle for a Consistent Legal Standard

Gross negligence is a severe form of negligence. Its severity has been characterized using the presence of a mental element or mens rea accompanying the negligent act. Within the context of professional negligence, gross negligence is important as it constitutes professional misconduct. For auditors, a finding of professional misconduct through disciplinary proceedings can result in suspension or expulsion from the profession. In India, gross negligence is regularly used in disciplinary proceedings against auditors and also by the Securities and Exchange Board to determine whether an auditor has violated any securities regulations. Given the implications of a finding of gross negligence on the practice of an auditor, this paper seeks to discuss this Indian legal standard in detail. Using the statutory framework that governs auditors as a backdrop, this paper examines all reported High Court decisions from the 1950s till 2019 along with decisions of the Securities and Exchange Board with regards to an auditor’s duties. We find that the approach used to discern the existence of gross negligence across these decisions has been inconsistent. In the absence of any precedent from the Supreme Court of India that details what comprises gross negligence in the context of auditors, this inconsistent approach poses a problem. This paper offers a starting point for a discussion to minimize the uncertainty currently associated with auditors’ liability for professional misconduct, especially hoping to assist the newly established National Financial Reporting Authority in its decision-making process

Occurrence of extra-ovarian ovules in sunflower plants (Helianthus annuus L.) treated with chlorflurenol

Foliar spray of aqueous chlorflurenol solution induced the development of 1-7 (rarely up to 14) extra-ovarian ovules in the disc florets of sunflower in contrast with a single intra-ovarian ovule found in the controls. The incidence was highest at 3×10-5 M concentration