SERIES: EVOLVING ROLE OF DIRECTORS – ARTICLE II
“The Fiduciary Duty Dilemma: Exploring the Legality of AI-Assisted Decision Making by Directors” The term ‘Artificial Intelligence’ (“AI”) was first coined by an American computer scientist John McCarthy in 1956 where he defined it as, “the science and engineering of making intelligent machines, especially intelligent computer.
Interaction with HCPs: Is it Awareness or Advertisement Activity?
In this article, we have attempted to provide some respite to the age-old debate between the legal and marketing heads of the MedTech companies in respect of how to classify the activities /interactions with healthcare professionals (HCPs), whether these are awareness or advertisement activities. For MedTech companies, their consumers are either hospitals or the retail …
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Litigant has to be Vigilant of Rights, Court Proceedings
The maxim “Vigilantibus non dormientibus jura subveniunt” literally means that “the law aids the vigilant, not those who sleep over their rights”.
A Look in the Future: Impact and Adoption of MedTech in the Healthcare Industry
At some point in every person’s life, you will need an assisted medical device – whether it’s your glasses, your contacts, or as you age and you have a hip replacement or a knee replacement or a pacemaker. The prosthetic generation is all around us. – Aimee Mullins (American athlete who was born with a medical …
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Proposed Amendments to the IT Intermediary Rules: Is the playing kit adequate for the Online Gamers?
On December 23, 2022, the Government of India (Allocation of Business) Rules, 1961 was amended by virtue of which ‘matters relating online gaming’ was brought under the purview of Ministry of Electronics and Information Technology (“MeiTY”). Later, on January 2, 2023, MeiTY published draft amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics …
Recovery Certificate under Debt Recovery Act is not limited to winding up proceedings only but extends to IBC: Clarifies Supreme Court
Recently, the Hon’ble Supreme Court in the case of Kotak Mahinda Bank Limited vs A. Balakrishnan & another (Civil Appeal No.689 of 2021) has held that any liability arising out of a recovery certificate needs to be treated as financial debt within vis-à-vis clause (8) of Section 5 of the Insolvency and Bankruptcy Code, 2016[1] …
Revamped Overseas Investment Rules: A Critical Insight
With an aim to improve the ‘ease of doing business’ and simplifying/ liberalising the investment regime, the Government of India in consultation with the Reserve Bank of India (“RBI”), amongst others, has been progressively revamping and liberalizing the foreign exchange regime in India. In view of the foregoing, the Government of India vide Notification No. …
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Need for improving pharmaceutical laws – the proposed way forward
With the rising need to accommodate the new requirements and adaptation of modern technology in the pharmaceutical sector, the draft of the ‘Drugs, Medical Devices and Cosmetics Bill, 2022’ (the “Bill”) has been released by the Ministry of Health and Family Welfare (MoHFW) on July 8, 2022, which seeks to replace the existing archaic law …
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ANALYZING THE CONUNDRUM VIS-A-VIS NCLT’s POWER TO ADMIT CIRP APPLICATION
INTRODUCTION The Insolvency and Bankruptcy Code, 2016 (‘IBC’) enables financial creditors and operational creditors of a corporate debtor to initiate the corporate insolvency resolution process (‘CIRP’), under Section 7 and Section 9 of the IBC, respectively.
Master Directions on Credit Card and Debit Card – Issuance and Conduct Directions, 2022
INTRODUCTION Reserve Bank of India (“RBI”) issued Master Directions on Credit Card and Debit Card – Issuance and Conduct Directions, 2022 (“Master Directions”)[1] dated April 21, 2022, effective from July 01, 2022 (except a few provisions which will be effective from October 01, 2022). These Master Directions were brought in to regulate the conduct of …