Author: The RMLNLU Law Review Blog

The RMLNLU Law Review Blog is an online publication of Dr. Ram Manohar Lohiya National Law University, Lucknow. The Blog purports to facilitate publication of diverse perspectives on a range of issues concerning topics of contemporary legal significance and interest in the form of short, well informed opinions. The Blog was launched in July, 2015 and is edited and managed entirely by a small team of student editors at the University.
Intellectual Property, Patent

Examining the Complex Discourse Surrounding Local Working Requirements in India’s Patent Code

In this article the author argues the legal validity of Enconcore N.V. v. Anjani Technoplast Ltd. decision as questionable on account of its failure to deliberate over certain essential aspects. This article first, provides a comprehensive analysis of the verdict propounded in Enconcore. Second, it examines the legal positions that the court in Enconcore has overlooked. Third, it delves into the implications of the legal lacunae present in this judgement. Continue reading Examining the Complex Discourse Surrounding Local Working Requirements in India’s Patent Code

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International Criminal Law, International Law

UNSC Referrals at ICC: An Unnecessary Evil and the Problem of Impunity

In this article the author argues that UNSC referrals to the ICC perpetuate selective impunity and undermine the ICC’s legitimacy by allowing permanent UNSC members (USA, Russia, China) to shield themselves and their allies from prosecution. This selective application of justice creates a perception of bias and unequal treatment, particularly affecting African nations and leading to increased state withdrawals from the Rome Statute. To address this legitimacy deficit, the article proposes granting universal jurisdiction to the ICC, ensuring that anyone committing atrocities can be prosecuted regardless of their state’s party status, thereby promoting a more egalitarian and credible international justice system. Continue reading UNSC Referrals at ICC: An Unnecessary Evil and the Problem of Impunity

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Real Estate

Reforming Real Estate CIRPs: IBBI’s Step to Protect Homebuyers

In this article, the authors delve into various aspects of the proposal released by the Insolvency and Bankruptcy Board (IBBI) which aims to fast track and ensure transparency in the insolvency process of Real-estate projects. Firstly, the blog begins by summarising the five proposed amendments that need to be incorporated in the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (CIRP Regulations) and Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2022. Then, the implications are discussed as to how the challenges faced by the homebuyers and other stakeholders are addressed in the proposal for the CIRP process of real-estate. Thirdly, the lacuna which the proposed amendment failed to address is discussed. Finally, it is concluded by discussing the way forward in implementing the proposed amendment to address the needs of homebuyers. Continue reading Reforming Real Estate CIRPs: IBBI’s Step to Protect Homebuyers

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Criminal Law

Analysing the Law around Constitution of Common ICs: A Practical Approach

In this article the author delves into the existing provisions that have been stated under The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH ACT”) and primarily emphasizes on the law around constitution of separate Internal Committees (ICs) for multiple branches of an organisation set up in different locations. The author tries to highlight the drawbacks that emerge alongwith the attempts to bring the Act into a proper effect with such an ambiguous provision and suggests various amendments that could be incorporated into the Act around the constitution of ICs while also pointing out and citing examples on how the Judiciary has relatively showed its leniency and permitted the constitution of common ICs in some prior cases. The author seeks to make the suggested amendments as practical as possible to ensure the effective implementation of the POSH Act. Continue reading Analysing the Law around Constitution of Common ICs: A Practical Approach

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Antitrust Law, Mergers & Acquisitions

Unveiling the Antitrust Dynamics of the Air India-Vistara Merger

In this article the author delves into how the merger of Vistara and Air India creates a mega-airline, potentially changing the Indian civil aviation market from an oligopoly to a duopoly. While the merged entity argues the market is competitive, the Competition Commission of India (CCI) raised concerns about high market share in certain routes. To address these concerns, the merged entity made voluntary commitments to maintain minimum capacity in those routes. The future impact on new entrants and consumer benefits remains unclear. Continue reading Unveiling the Antitrust Dynamics of the Air India-Vistara Merger

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Media

Deciphering Rule 18 of Cable T.V. Networks (Amendment) Rules: The Enigma of Self-Regulation in T.V. Channels

In this article the authors, delve deep into the existing self-regulatory mechanism under Rule 18 of the Cable Television Networks (Amendment) Rules, 2021 and the challenges surrounding multiple regulatory bodies in place. The authors examine the distinction between self-regulation and co-regulation, specifically focusing on the recent Broadcasting Bill 2023. The authors also propose the establishment of a uniform self-regulatory body for distinct segments of media. In light of this, the authors contend that there is no dire need for individual broadcasters to set up Content Editorial Committees. Continue reading Deciphering Rule 18 of Cable T.V. Networks (Amendment) Rules: The Enigma of Self-Regulation in T.V. Channels

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Competition Law, Consumer Protection

Contextualising Dark Patterns as Unfair Trade Practices under the 2023 DCA

The author in this article explores the emergence of “Dark Patterns” in the Indian digital market and the efforts by the Department of Consumer Affairs (DCA) to combat deceptive online practices through the Guidelines for Prevention and Regulation of Dark Patterns, 2023. Dark Patterns are defined as deceptive user interfaces aimed at coercing consumers into unfavorable choices. The guidelines identify specific practices falling under this category and link them to violations such as misleading advertisements, unfair trade practices, or infringement of consumer rights as outlined in the Consumer Protection Act, 2019. The essay analyzes how dark patterns can be assessed within the framework of unfair trade practices, emphasizing non-disclosure, deceptive practices, and the imposition of unilateral e-contracts. The broader interpretation of these guidelines is advocated to address evolving digital markets, ensuring consumer protection by evaluating online practices against identified features of dark patterns. Continue reading Contextualising Dark Patterns as Unfair Trade Practices under the 2023 DCA

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Posts

Extended | RMLNLU Journal on Communication, Media, Entertainment & Technology Law (CMET) [Vol 11] | Extension of Submission Deadline (10th February 2024)

About RMLNLU Dr. Ram Manohar Lohiya National Law University is an institute for law in Lucknow, Uttar Pradesh, India. Dr. RMLNLU was established in 2005, and since then, has provided undergraduate and post-graduate legal education. About the Journal Committee The Committee was constituted with the objective of promoting legal research and writing. Apart from conducting the RMLNLU International Legal Essay Writing Competition every year, the … Continue reading Extended | RMLNLU Journal on Communication, Media, Entertainment & Technology Law (CMET) [Vol 11] | Extension of Submission Deadline (10th February 2024)

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Arbitration

Closing the Debate on Inadequately Stamped Arbitration Agreements?

In this article, the author has traced the jurisprudence on the question of enforceability of unstamped or inadequately stamped arbitration agreements and point out the problems in the same. Then, the author has also analysed the judgment of the SC to show how it has sought to correct these problems using the conception of directed power and the Coase Theorem. Continue reading Closing the Debate on Inadequately Stamped Arbitration Agreements?

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Posts

SEBI’s New Centralized Reporting Mechanism: A Masterstroke or Not?

In this article, the author delves into the pivotal developments that transpired in October 2023 when the Securities Exchange Board of India (SEBI), exercising its authority under Section 11(1) of the Securities and Exchange Board of India Act, 1992 (SEBI Act), issued a consequential circular. Effective from January 1, 2024, this circular introduces a centralized mechanism for reporting the demise of an investor, facilitated through KYC Registration Agencies (KRAs). The primary objective of this regulatory initiative is to streamline the intricate process of reporting and transmitting securities following an investor’s demise, directing them towards the designated nominees or legal representatives. The author also talks about the necessity for such reform becomes apparent when considering the absence of a centralized system for reporting and transmitting securities in the pre-existing framework. Continue reading SEBI’s New Centralized Reporting Mechanism: A Masterstroke or Not?

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