02 August 2018 CA

02/08/2018

• India has unveiled a tagline and a tricolour logo for geographical indication (GI) certified products. Tagline: “Invaluable Treasures of Incredible India”.                                                    GI is covered as element of intellectual property rights (IPRs) under Paris Convention for Protection of Industrial Property.

At international level, GI is governed by WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
In India, Geographical Indications of Goods (Registration and Protection Act), 1999 governs it.

•  ‘State Energy Efficiency Preparedness Index’ has been released by Bureau of Energy Efficiency (BEE) and Alliance for an Energy Efficient Economy (AEEE).States are categorised based on their efforts and achievements towards energy efficiency implementation, as ‘Front Runner’, ‘Achiever’, ‘Contender’ and ‘Aspirant’.  Significance of the Index: Such an index assumes significance in a country that is now the biggest emitter of greenhouse gases after the US and China, and which is among the countries most vulnerable to climate change. India plans to reduce its carbon footprint by 33-35% from its 2005 levels by 2030, as part of its commitments to the United Nations Framework Convention on Climate Change adopted by 195 countries in Paris in 2015.
• Union Cabinet has approved policy framework to permit exploration and exploitation of unconventional hydrocarbons such as Shale oil/gas, Coal Bed Methane (CBM) etc. It will be carried out under existing Production Sharing Contracts (PSCs), CBM contracts and Nomination fields to encourage existing contractors in licensed or leased area to unlock full potential of unconventional hydrocarbons in existing acreages.
• The Union Health Ministry’s ban on the retail sale and private manufacture of oxytocin will kick off from September 1.
• The Union Cabinet has approved the first extension of Concessional Financing Scheme(CFS) to support Indian Entities bidding for strategically important infrastructure projects abroad. Under the CFS, the Govt. of India has been supporting Indian Entities bidding for strategically important infrastructure projects abroad since 2015-16.
• Union Ministry of Culture has launched- ‘Seva Bhoj Yojna’– a scheme to reimburse central share of CGST and IGST on food, prasad, langar or bhandara offered by religious and charitable institutions.
• Union Cabinet has approved first extension of Concessional Financing Scheme (CFS) for another five years from 2018 to 2023 to support Indian Entities bidding for strategically important infrastructure projects abroad. The scheme also has been liberalized, allowing any Indian company, irrespective of ownership eligible to benefits of it.

Highlights

The Amendment Bill seeks to insert three new clauses after Section 18 of the original Act:

• The first stipulates that for the purposes of the Act, “preliminary enquiry shall not be required for registration of a First Information Report against any person.”
• The second stipulates that the arrest of a person accused of having committed an offence under the Act would not require any approval.
• The third says that the provisions of Section 438 of the Code of Criminal Procedure — which deals with anticipatory bail — shall not apply to a case under this Act, “notwithstanding any judgment or order of any Court.”

Key features of the bill 

Reduction in pecuniary limits:

 Under the parent Act, commercial courts and commercial divisions in High courts can decide commercial disputes with value of at least Rs. 1 crore. The Bill reduces this limit to Rs. 3 lakh.

Establishment of certain commercial courts: The parent Act, empowers state governments to constitute commercial courts at district judge level, after consulting concerned High Court. It had barred such commercial courts to be constituted in cases where High Court has original jurisdiction to hear commercial cases. The Bill removes this bar and allows states to constitute commercial courts where High Courts have original jurisdiction.

Commercial Appellate Courts: The Bills allows state governments to notify commercial appellate courts at the district judge level in areas where High Courts do not have ordinary original civil jurisdiction. These Appellate Courts will hear appeals against order of commercial court below level of district judge. 

Mediation: It introduces pre-institution mediation process in cases where no urgent, interim relief is contemplated. This aims to provide for opportunity to parties to resolve commercial disputes outside ambit of courts through authorities. This will also help in reinforcing investor’s confidence in the resolution of commercial disputes.

Counterclaims not to be transferred: The Bill removes provision of counterclaim in relation to transfer of suits in a commercial dispute of at least Rs. 1 crore in civil court.