Transfer of mining concessions should help trigger M&A activity

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By: Probal Bose

Blessed with vast mineral resources and with the growing demand for metals and minerals, mining is one of the key drivers of the Government’s ‘Make in India’ program. There has been a concerted effort by the Government to ease the regulatory hurdles in doing business in various sectors and the mining sector has been no exception. The Mines and Minerals (Development and Regulation) Act (“Act”), which sets out the regulatory framework for the mining sector in India, was amended on 6th May 2016 to enable specific transfer of mining concessions acquired through the non-auction route.

Coming Soon: Make in India, the (Un)laborious Way!

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By: Aditi Rani

Here’s a brief reckoner on the recent labour law reforms in India:

Projected to be the fastest growing major economy for the second year in a row, the spotlight on India has never been greater. Being the world’s second populous nation with a labour force of 530 million, labour occupies a significant place in the economic growth trajectory of India.

Labour falls in the concurrent list of the Constitution of India that means both the central and the respective state government can legislate on such items, with the residual law-making powers vesting with the centre. This has resulted in a plethora of over a hundred central and state laws related to industrial relations, wages, social security, employment and training, employment of women, etc. Different labour laws are applicable to a company depending on the specific nature of its business activities and employee strength. Laws such as the state-specific Shops and Establishments Acts and the centrally-enacted Factories law regulate employment conditions of commercial establishments and factories respectively besides setting out standards for working conditions, safety of workers, health and hygiene conditions, employee working hours and provisions aimed at protecting employee welfare. Labour compliance is therefore quite an onerous task for companies doing business in India with numerous registrations, maintenance of records and filing

International trademark filing under the Madrid Protocol: A brief overview

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By: Nidhi Tandon

Registration of a trademark is territorial in nature like most other forms of intellectual property rights. In all instances where an Indian entity desires to sell/market its products and services in various international markets or where a foreign entity desires to do so in India, trademark protection has to be sought under multiple jurisdictions. This onerous and expensive process of filing for trademark protection in each jurisdiction has been mitigated to a large extent with India adopting the Madrid Protocol (Protocol) in July 2013.

The Protocol, a treaty for the international registration of trademarks administered by the International Bureau of the World Intellectual Property Office (WIPO), has simplified the process of filing trademark applications in multiple jurisdictions across the world. With 97 countries being signatories to the Protocol as on date, an applicant can file a single application in its national trademark office paying registration fees, in one currency. Once a trademark application has been filed in the home/origin country, the applicant can use that date of application as its earliest date of priority in other signatory countries.