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INTRODUCTION TO THE FIRM
iwan Advocates is a full service law firm
with a primary focus towards excellence in
legal advices and legal services to be provided to the
clients who are a mix of boutique and large
companies including individual clients engaged in a
variety of commercial activities. Diwan Advocates
advises and represents its clients on existing and
potential legal issues in transactional as well as
litigation matters. Diwan Advocates represents their
Clients above 30 District Courts in Two-Tier and in 15 High Courts.
Although we specialize in corporate, commercial and intellectual property rights,
transactional works, and complex litigation process; our services also include providing
advice and legal service regarding business law, corporate finance, government
contracts, international trade, dispute resolution, oil and gas, project finance, real estate,
tax and telecommunications This has also been a plus point in improving our clientele
so as to include public and private companies and government entities with a diverse
range of interests in industries such as business services, education, energy, healthcare,
hotels and hospitality, and transportation and infrastructure.
D “Depiction of legal
expertise reflects from the
difference of perspective
and approach towards the
case as well as the
clients.”
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WHO WE ARE?
Founded by two determined Indian lawyers with specialized knowledge upon
international corporate and IPR laws, Diwan Advocates has gained its prestige with the
providence of high quality of legal services in corporate, commercial and IP sector to
clients within Indian domestic and international. The quality of such service is a result
of high octane domain expertise of selected associates and staff along with efficient
networking in order to extend the clientele and provide them with requisite solutions.
We are a firm emerged from the seeds of learning and experience of the founders from
other leading law firms. We have learned it the hard way and we ensure to utilize this
learning in the growth of our own self by granting the best services that we can through
our tailor made solutions in order to safeguard the interests of our clients.
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WHAT WE DO? WE HAVE EXPANDED OUR SELVES IN THE FOLLOWING ARRAY OF SERVICES - CIVIL LAWS:
Any law which deals with any kind of a dispute between individuals, organizations, or both is a
civil law. Civil law mostly relates to the rights, their violation and hence, compensation. It is
different from criminal law as criminal law is concerned with punishment as a remedy whereas
civil law solves a problem with the awarding of compensation. Due to such differences, the
procedure followed is also different for both the variations of law. Civil law procedures are
always governed by the Civil Procedure Code. Civil Law can be further classified into various
other laws which deals with different industries and also on the basis of social needs.
ANTITRUST/COMPETITION LAW: The vast rise in the level of competition in market has led to the importance of competition law.
In the whole struggle to stand high in the economic globalization, the basic norms of competition
are often overlooked thus demands the need for competition laws. We take care of such areas of
law enforcement and litigation from various further classified perspectives such as intellectual
property in the row of competition, anti-trust dispute resolution, commercial disputes, market
investigation, monopolization, judicial review, etc.
INSURANCE LAW:
Insurance has become a household term and is a basic part of life. There is much legislation that
regulates insurance law, but what matters is the way each legislated rule and guideline is put into
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practical functionality. We also advise companies for defining their strategy to enter into
insurance sector in India, including investment structuring, the insurance regulatory framework
and obtaining the requisite approvals. We advise our clients on the specific laws applicable as
per the situation they face. Apart from the insured ones, we also have a success in representing
certain insurance companies in Tribunals and other forums. We have also extensively worked
with the insurance regulator i.e. Insurance Regulatory Development Authority ("IRDA"), on
various policy and regulatory issues.
BANKING AND FINANCE LAWS:
This is a giant sector that encompasses banks, financial institutions and all other possible
financing transactions in every industry. Ours is a bank dominated financial sector and
commercial banks account for over 60 per cent of the total assets of the financial system
followed by the Insurance. Enactment of the RBI Act 1935 gave birth to scheduled banks in
India, and some of these banks had already been established around 1981. Our expertise in
Banking and Finance covers acquisition & leverage finance, structured finance, global loans,
restructuring, external commercial borrowings, SARFEASI (Securitization and Reconstruction
of Financial Assets and Enforcement of Security Interest ) as per the Act of the same name
enforced in 2002 which deals with any kind of secured loan where the banks have the right to
seize or auction the secured assets in case the loan is not repaid and becomes a Non-Performing
Asset and various regulatory issues pertaining to the area. These cases do not require a Court’s
intervention. Hence, such a procedure of auction or seizure or any other related matter is dealt
with in the Debt Recovery Tribunal (DRT) as mentioned in the Recovery of Debts Due to Banks
and Financial Institutions Act, 1993. Our practice is involved in some of the largest and complex
transactions, requiring exhaustive knowledge of the Indian finance market and its legal
framework; our counsels are also involved in a large number of cross-border financing
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transactions and on account of that have developed a deep understanding of international
regulations, industries and legal & finance techniques. Our interaction with the Reserve Bank of
India (India’s Central Bank and responsible for regulating various financial intermediaries
including bank and NBFCs), the Indian Bank association and various other participants in the
Indian banking and finance space has provided us with knowledge and understanding of
regulatory issues and expectations enabling us to address client requirements within the contours
of an evolving regulatory framework. This enabled us to excel in an industry which is witnessing
a steady increase the number of transactions involving complex structures and innovation. We
also function on a wide range where we not only advise with regards to banking transactions, but
also address the requirements of the clients in future concerned with any present transaction.
Our Banking and Finance practice is headed by Dr. Farrukh Khan having immense knowledge of
key legislations that administer the banking sectors includes Reserve Bank of India Act, 1934,
Negotiable instruments Act, 1881, Bankers Books Evidence Act, 1891, Payment and Settlement
Systems Act, 2007, Recovery of Debts due to Banks and Financial Institutions Act 1993, foreign
Exchange Management Act (FEMA), Prevention of Money Laundering Act, 2002 etc. In
addition, the RBI releases notifications and circulars from time to time, governing various
aspects of the functioning sector. They are assisted by a team of associates in New Delhi and
Chandigarh.
Our highly qualified and experienced lawyers explore a broad array of legal issues throughout
the implementation process of a project, including the establishment of project companies,
structuring of the finance, the creation of security, environmental protection, EPC contracts,
insurance, land use rights issues, preferential tax policies, foreign exchange controls, relevant
approvals, registrations, and other compliances including regular coordination with relevant
government authorities, etc..
Our lawyers are not only knowledgeable about the principles and application of project finance
but also they have a deep understanding of the key roles of Pvt. Sector Partner/Owner, Project
Sponsor, Lenders, Equity Investors, Suppliers, Contractors and Customers, Multilateral Credit
Agencies, Purchasers, Insurers etc. We have been involved in structuring, negotiating and
documenting the full array of project and financing agreements to suit each client’s requirements
and expectations.
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Our Project Finance Advisers have been previously involved in advising the Planning
Commission (Government of India) as Legal Consultant on the preparation of model documents
for various sectors, including airports, railway stations, transmission (electricity) and
procurement-cum-maintenance of locomotives, which puts it in a unique position to leverage the
expertise of its lawyers in regulatory frameworks evolved by the Government of India through
model PPP documentation.
Our team has extensive experience in drafting and negotiation of project documentation,
including concessionaire agreements, O&M contracts, shareholders agreements, state support
agreements, engineering, procurement and construction contracts, and in relation to others
matters, such as conducting due diligence and advising on regulatory compliances and approvals.
In this area, we have served clients both from India and outside.
CORPORATE LAWS: This is one prospect that keeps developing day by day and it contains a huge bunch of
regulations. A company needs to have a proper method of internal control in order to safeguard
the shareholders and other stakeholders of the company. Apart from the directors of the
Company, only proper regulations can guide the companies in this aspect. Because it is a
complex area of practice, we ensure that the specialization of our associates is complimented
with the expertise of many renowned senior professionals from Supreme Court and other courts.
CONTRACTS: Contractual transactions are very normal in the daily business of commercial and corporate
sectors. Our scope of contracts mainly consists of commercial contracts where we draft,
negotiate, implement, Vet and take care of any related matter arising out of such contracts. Our
focus consists of the following contracts:
M & A
Agency/ Distributor /Franchisee Agreements
Licensing arrangements
Manufacturing and Supply agreements
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Commercial Contracts
Non Disclosure Agreements
Partnerships ( Indian Partnership Act & Limited Liability Partnership Act)
Private Equity
Due-Diligence reports- for every segment of our practice
Foreign investments and regulations
Collaborations
International transactions and documentations
Tax planning
REAL ESTATE: Apart from preparing the above documentation, we also draft and advise on matters relating to
real estate. In case of such matters, we advise our clients regarding compliance with the requisite
stamp duty, applicable land laws, registration and other approvals from statutory bodies. Under
the purview of real estate, we also cover land acquisition cases, selling and purchase of property,
lease and taxation issues considering the fact that we also have gained experience in the
following:
Advising on Joint Venture Development
Advising Development of Townships
Development and promotion of Real Estate
Drafting of Lease and Sale Documentation
Legal documentation and advice on Sale/Purchase/Lease of Property
Landlord and Tenant Disputes
Land Use Regulations
Mortgage and Finance Agreements
Building, Development and Construction Contracts
House Tax disputes
Projects and retail property transactions.
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ENVIRONMENTAL LAW:
Nowadays, the concern for environment has become a barrier in the industrial sector as it
completely overlooks the development and chooses to focus only on the resultant hazard towards
environment. Improvement in institutional arrangements to provide easily accessible
environmental justice to people is a part of the international agenda highlighted in instruments
like Rio Declaration on Environment and Development, 1992 and the Aarhus Convention, 1998.
The advancement of the relationship between human rights and the environment would enable
the incorporation of human rights principles within an environmental scope, such as anti-
discrimination standards, the need for social participation and the protection of vulnerable
groups. Increased industrialization & urbanization, improper waste disposal, overexploitation of
the country's resources (land or water), mining, poverty etc are a few reasons behind the rapid
expansion of environmental pollution in the present day world. Hence, this law was a need which
has been overall classified into various different statutes and regulations dealing with a specific
aspect of environment. We ensure the management of due diligence of our clients on national as
well as international basis.
EMPLOYMENT AND BENEFITS: Employment is another area of focus from a legal point of view. Any kind of employment comes
along with a package of guidelines, legal compliance and agreements in the beginning of
employment as well as retirement. Along with benefits and compliance, there are certain
protective measures as well. Persons with Disabilities (Equal Opportunities, Protection of Rights
and Full Participation) Act, 1995 was passed so as to provide equal opportunities in education,
employment, social security and an unbiased atmosphere for the disabled. Section 47 of the Act
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provides that a government establishment is forbidden from reducing an employee’s rank if he or
she acquires a disability during the course of their appointment. Our advice extends to the
applicability of various HR Laws in India, both Central and State, including the Industrial
Disputes Act, the Employees' Provident Fund Act, Trade Unions Act, Payment of Bonus Act,
Payment of Gratuity Act, Contract Labour Regulations, the state-specific Shops &
Establishments enactments, etc. to name a few. We also advise our clients on applicability of HR
Laws, the obligations and compliances there under, and the consequences of non-compliance,
issues related to provident fund contributions, payment of gratuity, payment of bonus,
superannuation/retirement benefits, termination of employment, hours of work, leave/ holiday
entitlement, employee health and safety regulations, discrimination and harassment issues,
employment agreements signed by the employees, Non-Disclosure Agreements signed by the
employees etc. We also help the grieved employees recover their incentives and pensions during
their retirement apart from dealing with the HR related matter of the companies as well.
INTERNATIONAL TRADE LAWS AND ANTI-DUMPING:
In the arena of international trade, we handle trade disputes through arbitration, conciliation and
also litigation depending upon the treaties and regulations. Such disputes also include the
resolving of the issues relating to dumping of goods which was a concept established by WTO.
Goods in this concern are referred to be dumped when a company exports goods from one
country to another at prices less than that in the importing country. Certain companies follow this
procedure generally in order to dispose off certain goods which have less demand in the
importing country and can be useful in the country they have been exported to. In such
situations, these companies are required to pay an anti-dumping duty which is meant to bring
back fair trade on an international forum. Consequently, the domestic industry is secured in the
aspects of fair trade.
ALTERNATIVE DISPUTE RESOLUTION: Apart from the commonly known methods of resolving disputes, there are other methods of
resolution in order to expeditiously provide relief. The necessity and benefit of Alternative
Dispute Resolution (ADR) entities for consumer issues is recognized today not only by
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consumer organizations, and national authorities, but increasingly in the business sector. Unlike
litigation, these dispute resolution methods are successful in providing solutions with the normal
lengthy court procedure. Arbitration is a commonly known method of alternative dispute
resolution. In relation to arbitration proceedings, parties can approach the Court only for two
purposes for any interim measure of protection or injunction or for any appointment of receiver
etc.; or for the appointment of an arbitrator in the event a party fails to appoint an arbitrator or if
two appointed arbitrators fail to agree upon the third arbitrator. In such an event, in the case of
domestic arbitration, the Chief Justice of a High Court may appoint an arbitrator, and in the case
of international commercial arbitration, the Chief Justice of the Supreme Court of India may
carry out the appointment. Our specialized team dealing with arbitration does legal research and
prepares for arbitration as well as mediation even in highly complex matters.
The Firm has consistently maintained a strong presence in alternate dispute resolution processes
and more particularly in domestic arbitration, over the years the team has developed and
sustained client base to include individuals companies both local and multinational and
institutions of high standing across sectors including finance, telecommunications, real estate,
joint ventures, resources, environment laws, oil and gas, construction and infrastructure etc. our
team has handled and continues handling some of the largest claims in India.
POWER, ENERGY AND NATURAL RESOURCES:
Oil constitutes of 34% of energy consumption in India. Energy and natural resources include all
kinds of industrial load, mining as well as water uses. According to the Petroleum and Natural
Gas Regulatory Board Act, 2006, all gas pipelines should be made moderately accessible so that
the prescribed Regulator makes sure that there is fair competition among all players in the gas
pipeline market and the same if fairly distributed in the city or locality. Power and natural
resources are national assets and every citizen has the right to enjoy the availability of such
resources. We ensure the compliance to the legal framework in this aspect and also help our
clients understand the optimum utilization of available resources.
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INTELLECTUAL PROPERTY LAW:
Intellectual property rights (IPRs) and their relation to international trade, investment,
technology transfer, innovation and growth is a critically important issue that remains intensely
controversial. The TRIPS Agreement established the minimum global standards of IPRs
protection as well as rules on enforcement, and most importantly, brought the domestic IPRs
regimes of WTO Members under the jurisdiction of the WTO dispute-settlement system. Laws
relating to intellectual property rights play a major role in the field of legal enforcement as this is
a blooming field which needs sufficient protection and nurturing in its initial steps. We have a
specific team dealing with such cases with their utmost research and expertise in the following
sub-topics:
COPYRIGHT: Copyright is a set of exclusive legal rights which have been guaranteed to the authors
over their work. These rights are for a limited period of time. The Copyright protection is
given to only those works which are “original” and are “fixed in a tangible medium”.
Ideas are not protected but the idea which has been expressed can claim protection under
the copyright laws. Prevention of unlawful distribution of copyrighted material is a
matter of concern and we devise strategies so as to prevent such distribution and protect
the material.
TRADEMARKS The law of trademarks emerged during the time of industrial revolution which gave rise
to large scale production and distribution of goods. Trademark is more of an industrial
property than an intellectual property as it deals it recognition of a product in a particular
industry. It contains various intellectual properties within itself which are majorly
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copyrights and designs. After the emergence of the concept of LPG (Liberalization
Privatization Globalization), every phase of Indian economy is facing competition to
meet up the global needs of establishing itself. From a broad perspective, intellectual
property law constitutes a major part of competition law as it protects the prevailing
competition in the market.
PATENTS: Patents are grants made by the government that bestow upon the creator of an invention,
the sole right to make, use, and sell that invention for a set period of time. Unlike
copyright, which arises automatically on creation of a work, patents are only granted after
applicant satisfies the requirements of registration. The registration process imposes a
number of limits and safeguards on the types of inventions that are patented, the scope of
monopoly granted, and the nature of information that is disclosed in the patent.
TRADE SECRETS: Trade secrets are primarily protected under state law, including common law
interpretations, which vary from state to state. The language state laws use to define what
a trade secret is varies by jurisdiction and so does the specific types of information that
each state recognizes as protectable confidential information. But there are three factors
that all definitions share: A trade secret is some sort of information that:
(1) Is not generally known to the relevant portion of the public;
(2) Confers some sort of economic benefit on its holder; and
(3) Is the subject of reasonable efforts to maintain its secrecy?
The trade secret protection is necessary for India as it has a direct influence in the
economy of India as it will increase the foreign investment and protection of such
investment needs to be done through trade secrets for business purposes in India.
We have a dedicated team to protect the Intellectual Rights of the client against
infringement and counterfeiting of the goods. Our services include complete protection
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plan for the entire life cycle of different Intellectual Properties. Our team helps our client
in strategizing the IP policies of the client to protect their Intellectual Property Capitals.
DATA PROTECTION AND INFORMATION TECHNOLOGY:
Today, the entire world around us runs on technology and depends on the same for granting,
gaining and securing of essential information. Such information is inclusive of any kind of
personal information concerning an individual and such information needs to be protected. The
mechanism of securing any such information is data protection. Data protection laws also include
laws relating to privacy and information management. The (Indian) Information Technology Act,
2000 deals with the issues relating to payment of compensation (Civil) and punishment
(Criminal) in case of wrongful disclosure and misuse of personal data and violation of
contractual terms in respect of personal data. Being well-versed with the local as well as globally
applicable regulations, we ensure that our clients are provided with the best of services in
securing their information and managing the circulation of the same.
LICENSING, TECHNOLOGY TRANSFER AND TMT (TECHNOLOGY. MEDIA AND TELECOM):
Our team assists with strategies and policies for clients operations both within India and
internationally, taking into account broadcasting, publication, intellectual property, taxation and
ancillary laws and regulations in India. Pursuant to licensing, we advise and draft licensing
agreements with regards to intellectual property and technology transfer. Technology transfer is
when a certain variety of technology gets transferred from one nation to another nation through
cross border agreements. It is very necessary that such a transfer gets done under expert advice
and proper consultation along with the required work. Such transfer of technology mostly relates
to intellectual property for further assignment or acquisition of the same or so as to
commercialize it through technology. Our team also takes care of contracts, compliance and data
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protection with regards to technology, media and telecom industry in multiple jurisdictions and
vast variety of industries.
TAXATION LAWS: In today’s world full of commercial complexities, every management needs a helping hand in the
shape of professionals who are experts in the field of managing taxation and other statutory
compliances. Tax related litigation is a vast circle of focus in Indian legal regime. We advise
clients in structuring complex transactions and developing unique business models, many of
which have become industry benchmarks. Our associates are skilled in this field of drafting,
research and preparation for the litigation process along with the proper tax calculation. We
focus on high quality and responsive delivery of services through an experienced team with
significant partner commitment and involvement in every assignment. We have proved our
expertise in this subject by virtue of knowledge backed professionalism and result oriented
performance, so as to understand the problems faced by our clients and solve it as per their
requirements with proper calculated approach. We also prepare replies and responses to various
notices and responses from the authorities.
INTERNATIONAL CLIENT SERVICES: The world has become small today due to the advent of superfast electronic communication
medium. It has mitigating distances between continents and countries and companies find it
easier to do business on foreign soil. We also assist our client in business start-up and also by
taking care of several issues related to statutory compliance. We also update the clients with
latest issues and announcements related to various relevant Acts and assisting the complexities
therein.
AVIATION LAWS: Liberalization of the Indian civil aviation sector in the mid to late nineties has led to a large
number of private players entering in addition to the two established national carriers (Air India
and the erstwhile Indian Airlines). Apart from the fact that liberalization of this sector came
alongside the phase of rampant economic development in India, growth of the Indian tourism
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industry and the ever increasing disposable income of the Indian middle-class have contributed
to the admirable levels of growth the civil aviation sector has achieved in the last decade, in
addition to the support provided in the form of structural reforms, airport modernizations, entry
of private airlines, adoption of low fare model and improvement in service standards. The
privates sector has played a vital role in development of Public Private Partnership (PPP) airport
the development of Hyderabad and Bangalore airport and modernization of Delhi and Mumbai
International Airport have been an excellent example of PPP, this gave the hands in development
to Aviation Laws. These laws have been divided in eight sections -- 'General', 'Air Worthiness',
'Air Transport', 'Aerodrome Standards and Air Traffic Services', 'Air Safety', 'Flight Crew
Standards, Training and Licensing' and 'Aircraft Operations'. Aircraft Act, 1934 and Aircraft
Rules, 1937 were formulated in order to control and manage various activities in the aircraft
relating to manufacture, possession, use, operation, sale, import and export. The Indian
government with the introduction of National Civil Aviation Policy, 2016 aims to provide and
create a conducive framework for harmonized growth of various aviation sub–sectors including,
development and modernization of airports by State Governments, private players and under the
Public Private Partnership ("PPP") model.
The basis of the Policy is also to create an affordable model which can take flying to the masses,
to increase the connectivity between cities and also to enhance the ease of doing business in
India. Basis of the introduction of this policy, the Government expects India to become the third
largest aviation market by 2020 and the largest by 2030.
The Carriage by Air Act was enacted by the Parliament on December 19, 1972 and came into
force on March 23, 1973. The Act fundamentally aims to implement the Warsaw Convention for
the Unification of Certain Rules Relating to International Carriage by Air which was signed on
October 12, 1929. The provisions of the Convention are made applicable in India by including
the rights and responsibilities of travelers, carriers, consignors and other individuals in the First
Schedule to the Act. The Aircraft (Carriage of Dangerous Goods) rules, 2003 it regulates air
carriage of dangerous goods like explosive, radioactive material etc. and also provides for the
establishment of training programs by on behalf of shippers of dangerous good, operators,
ground handling agencies, freight forwarders and agencies involved in the security screening of
passengers, their baggage and cargo. The Air Corporation Act, 1953 provides for the
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establishment of air corporations, namely, Indian airlines and Air India International and also
facilitates acquisitions by such corporations. The Anti-Hijacking Act, 1982 it implements the
convention for the suppression of unlawful seizure of Aircraft and provides for punishment for
the offence of hijacking. These provisions shall be enforced in India for all carriages in an
aircraft, whether the aircraft belongs to India or any other nation.
Our team has been actively involved in advising clients on aircraft purchase contracts, aircraft
financing transactions, loan agreements. Firm has extensive experience in dealing with the
regulatory authorities in the aviation sector.
FOOD AND BEVERAGE LAWS:
The Indian food processing industry is regulated by several laws which govern the aspects of
sanitation, licensing and other necessary permits that are required to start up and run a food
business. The legislation that dealt with food safety in India was the Prevention of Food
Adulteration Act, 1954. In India the Food Safety and Standards Authority of India (FSSAI) is the
apex food regulator. It is empowered by and functions under the Ministry of Health and Family
Welfare, Government of India. The FSSAI implements and enforces food regulations as
prescribed in the Food Safety and Standards Act, 2006 (FSS Act).
Caution and care should be observed in advertising of Food and Beverage especially ones
containing high fat, Sugar and Salt(HFSS), advertisements should not be misleading or
deceptive, advertisements for food or beverages unless nutritionally designed as such should not
be promoted or portrayed as meal replacement as per Advertising Standards Council of India.
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We have a dedicated team of attorneys who specialize in issues and concerns related to food
industry and assist its clients in complying with food and beverage laws.
FASHION RELATED LAWS: Fashion Industry looks very glamorous from a distance. At the same time, it is also very difficult
for fashion designers to come up with a new form of expression of their ideas in order to stand
out in the industry. Duplicating of designs is genuinely not a very difficult task if the person
knows proper techniques to slide away with such duplication into the market. Specially,
duplicating a highly expensive brand and selling the similar kind of design at a much lower cost
turns out to be a huge loss for that specific expensive brand. However, fashion designers do have
the rights to protect their designs and claim for such a protection in the court of law. Fashion
designers must keep in mind that even if the defendant’s work is found to be substantially similar
or even identical to an earlier work, it would still be copyrightable as long as it can be shown by
the defendant that he created the work independently of the plaintiff’s work. If the author has
utilized the plaintiff’s work, then he must show that he has contributed something more than
merely trivial variations, something that can be recognized as his own. At the same time, the
author must be able to show some labor, which emerges from his intellect. A drawing which is
simply traced from another drawing is not an original artistic work; a drawing which is made
without any copying from anything originates with the artist. The Copyright Act, 1957
recognizes artistic work, be it in the form of drawing, two dimensional or three dimensional;
however Section 15 of the Act restricts copyright in those designs which are registered under the
Designs Act, 2000.
If we look a little wider and focus, there is piracy everywhere, the most in the fashion industry.
Girls are always interested to know about the best places for street shopping once they move into
a new city. This huge hub for street shopping is the storehouse for counterfeited goods. There are
clothes belonging to highly international brands which are available at 1/4th of their original
price. Hence, such act of unlawful import or export of goods leading to counterfeiting of goods is
prohibited by Section 11 of the Customs Act, 1962.
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As a part of our full service law firm, we have a group of team to handle virtually every kind of
legal matter, combined with a knowledge and understanding of the unique business issues faced
by fashion industry companies in today’s global marketplace.
LAWS RELATING TO PHARMACEUTICAL INDUSTRY:
As per the section 92A of the Indian Patent Act, Compulsory License shall be available for
manufacture and export of patented pharmaceutical products to any country having insufficient
or no manufacturing capacity in the pharmaceutical sector for the concerned product to address
public health problems, provided compulsory license has been granted by such country or such
country has, by notification or otherwise, allowed importation of the patented pharmaceutical
product from India.
Promulgation of the Drugs (Display of Prices) Order, 1962 and the Drugs (Control of Prices)
Order, 1963 under the Defense of India Act was an initiative, under which the prices of drugs
were frozen with effect from the 1st of April, 1963. The Drugs (Prices Control) Order of 1966,
the Drugs (Prices Control) Order of 1970 - issued under the “Essential Commodities Act 1955 by
declaring drugs to be essential commodities under the EC Act, 1955. The government has been
dismissing these concerns by citing drug price regulations and compulsory licensing as tools to
tackle the problem of high prices. There is also the Drug Price Control Order administered by the
National Pharmaceuticals Price Authority. Our team works for infringement of Intellectual
Property rights of an unregistered trade mark, besides that we also assist our client in compliance
of laws and regulations.
EDUCATION LAWS:
Education is a basic necessity for every individual in order to respectfully survive in a society.
The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution
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of India to provide free and compulsory education of all children in the age group of six to
fourteen years as a Fundamental Right in such a manner as the State may, by law, determine the
Right of Children to Free and Compulsory Education (RTE) Act, 2009. Sections 52(1) (g), (h)
and (i) of Copyright Act, 1957 deal with education in particular and as such, policymakers in
India who are interested in ensuring the greatest possible exceptions for educational access
should assess whether sections 52(1)(g), (h), (i) and (p) as they stand at the moment, are
adequate for supporting the country’s educational policy goals. The fair dealings exception for
education should be both amply flexible to cover digital and distance education by minimizing
the restrictions.
The Firm has advised on all aspects of the structuring and operation of transactions, as well as
represented clients in the education space on dispute resolution.
SPORTS LAW: Sports and athletics is a very interesting topic which flashes in the news these days. It is very
necessary to check the proper regulation and management of sports and the people related to it.
Our team of experts assists the client in compliance of the laws pertaining to sports. The National
Anti-Doping Agency(NADA) was established by the Government of India as an independent
organization which had the responsibility to plan, co-ordinate, implement, monitor and advocate
improvements in Doping Control. NADA has accepted the World Anti-Doping Code which
mentions the need to co-operate with various other Anti-Doping organizations and promote
further Anti-Doping research and investigation.
Apart from the above, Sports law also requires abiding by certain other rules so as to keep itself
an arm’s length away from bidding and gambling issues. Apart from the basic application of
penal provisions relating to fraud, money laundering, etc, there is one more legislation which
indirectly regulates any payment in India. The Payment and Settlement Act of 2007 states that
any payment system or clearing house with less than 51% of the equity held by an Indian Bank
requires authorization to operate in India which will be regulated by the RBI. The RBI has the
right to inspect, authorize and make policies regarding legitimate payments made between two
parties.
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MATRIMONIAL LAWS:
Indians are mostly excited about marriages and equally worried about troubled marriages.
Marriages form an integral part of every Indian family and hence, their legality and validity also
has to be taken care of. Due to the vastness of diversity in the nation, the matrimonial laws are
different for every religion based on their beliefs. There is yet a long way to go before the
various disparate matrimonial laws can be made to yield to a uniform law. The chief obstacle in
the way is the fact that the present marriage laws are too much religion-oriented. Muslim Law
has its own code of principles for marriages, Hindu Marriage Act, 1955 applies to the Hindus,
the Indian Christian Marriage Act, 1872 applies to Christians, Special Marriage Act, 1954
applies universally across all religions in special cases and so on.
Apart from just marriages, these matrimonial laws also have a codified set of rules and
regulations regarding divorce as well which is enshrined in the Indian Divorce Act, 1869.
Together, these laws govern and complement each other in the matrimonial aspect of legality in
India. We help our clients get a solution to their problems and gain peace in their matrimony.
CRIMINAL LAW:
This is one aspect of law which requires a lot of attention as it dwells within the society.
Criminal litigation is way different from civil litigation as the former rushes to punishment as per
the penal law and the latter tries to settle with compensation and dispute resolution. Criminal law
demands fine as well as punishment in order to make it more deterrent for the existing criminals
in the society. We have a specialized team dealing with such cases where we put in our best of
efforts to provide the appropriate relief.
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LAWS RELATING TO WOMEN: Gender justice and gender equality is a topic which doesn’t seem to stop being discussed over.
Specific laws for women have always been there to protect them from the social insecurities and
help them to grow independently. Various legislations mention about protection of women.
Sections 294 and 509 of the Indian Penal Code (IPC) prohibit any individual or group of people
pass any kind of offensive comment or execute any such gesture towards a girl of any age. Even
Section 498A of the Indian Penal Code protects women from any act of violence in a domestic
home and there are several other penal provisions of the similar nature. The Child Marriage
Restraint Act of 1929 prohibits getting a girl child married before the age of 18. Even on
employment basis, The Minimum Wages Act considers men and women to be standing at the
same level and to deserve equal pay and remuneration for equal nature of work. Hence, women
are shielded from all possible directions but, the only need is make them aware of their rights and
to help them use such rights in an effective and constructive manner to stand head-high in the
society. Our team of experts deal in assisting women’s to fight for their rights under the
supervision and guidance of seniors.
INTERNATIONAL LAWS: International laws largely deal with the rights over certain domains and various treaties and
principles that govern these rights. One such known principle is ‘Common Heritage of
Mankind”. The theory of Common Heritage to Mankind originated through the notion of res
communis, and is also referred to as res communis humanitatus. It reflects the view that all
human beings are members of the human race, regardless of whether they live in the developed
or developing world, and that things cannot be appropriated and may be used by everybody. Use
of a resource is allowed only as long as it does not impede someone else’s use. Similarly, there
are various treaties and policies relating to the globalised rules and customary international laws
dealing with possession, independence, right to passage and human rights on an international
platform. Hence such laws are globally applicable to all nations; they are framed in a method to
be understood by all its members. The framing of such laws is a bit different from the method of
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framing our national laws. Hence, it requires assistance and understanding of interpretation of
such laws in many occasions.
We have been regularly advising multinational companies on regulatory issues relating to
environment in India besides representing our clients in environmental litigation matters before
the Hon’ble Supreme Court of India, National Green Tribunal, High Courts and Appellate
Authorities.
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www.diwanadvocates.com
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