Rashmi Aggarwal

Branding of geographical indications in India

Purpose – The purpose of this paper is to identify inherent deficiencies of the geographical indications (GIs) as protective brands adding to the premium value of the products as compared to the protection guaranteed to brands under the trademark route. Whereas the former protects the attributes of the goods, the latter adds to the brand equity of the goods. The paper attempts to find means to assign a strong visible identity that creates a premium visibility for GIs to help them emerge as strong brands just like the brands envisaged for the trademarks. Design/methodology/approach – This is a qualitative research based on primary and secondary source of information. Secondary sources comprise statutory provisions of two main acts on GIs and trademarks, articles/news items available in academic/trade journals and information generated from Government of India websites. Primary research involved face-to-face interactions with practicing advocates and select holders of GIs. Information was collected on param...

Independent directors: time to introspect, suspect, respect – an Indian perspective

Purpose – The purpose of this paper is to understand the culpability of independent directors (IDs) in a public listed company under clause 49 of the listing agreement of the Securities Exchange Board of India, which, primarily, is the corporate governance mandate in India.Design/methodology/approach – This paper has been developed on the basis of intensive interviews conducted with 16 legal experts working with 50 top listed companies and seven advocates from the Delhi High Court and the Supreme Court of India, literature survey from research papers, bare acts and policy guidelines on corporate governance by the Government of India.Findings – Two contrary opinions are being rendered on the culpability of IDs. The first proposes a strict and absolute penalty on all directors which would deter them from colluding with promoters. The second proposes that IDs should not be tarred with the same brush unless conclusive evidence of collusion is produced. These contrary opinions are herein analyzed and recommend...

The regulatory environment of comparative advertisement in India – an analysis

Purpose – This study aims to compile the present situation of comparative advertisement in Indian markets and the existing legal remedies by citing some factual cases from the industry and important judicial pronouncements. Design/methodology/approach – It is a qualitative research based on primary and secondary source of information. Secondary sources comprise of statutory provisions of relevant act, articles/news items available in academic/trade journals and information generated from Government of India web sites. Primary research involved face-to-face interactions with practising advocates from Delhi High Court and Supreme Court of India in the area of trademarks. Information was collected on parameters related to efficacy, applicability, enforceability, monitoring, and legal issues of trademarks and disparagements. Findings – In India, comparative advertisement is relatively a new concept and the lawful remedies are not that strong as that is other countries. In the absence of the stringent laws, th...

Patent Law and Intellectual Property in the Medical Field

Patent Law and Intellectual Property in the Medical Field is a pivotal reference source for the latest research in support of developing convergent and interoperable systems to increase awareness and applicability of legal aspects in the medical eld. Featuring extensive coverage on relevant areas such as compulsory licensing, parallel importing, and protection law, this publication is an ideal resource for researchers, medical and law professionals, academics, graduate students, and practitioners engaged in medical practice.

Justice Verma committee: an illustration of deliberative democracy in India

The objective of having a democracy is an ideal path towards just society. We, as a society, have moved onto a newer system which then has seemed best suited to achieve the utopian dream of a just social position. Thus, the move towards a deliberative ideal of Authority has been a part of to evolve human thought with respect to the best possible method of achieving a Just society. The paper is divided into three parts; first part, of the paper discusses the recent crisis in democracy and impact of political conditions on the same. The second part of the paper focuses on deliberative democracy and its essential elements. The third part of the paper is an operational one which tries to harmonise the working of Verma committee constituted in India with the essential elements of deliberative democracy. It analyses the working of Verma committee where such a mass participation was perceived to enact legislation. Apart from the public the Verma committee sought opinions of higher judiciary and members of the national and international academia. The paper concludes strengthening the idea that We the society can fulfil our Responsibility to help form a more Just society.

Director’s remuneration and correlation on firm’s performance

Purpose – The purpose of this paper is to explore the impact of directors’ remuneration on the firm’s intrinsic and extrinsic value. Design/methodology/approach – The paper provides a brief review of the literature on directors’ remuneration and identifies the current knowledge on the relationship between profit sharing or directors’ remuneration and the firm’s performance. In addition, correlation analysis between the directors’ compensation and various parameters measuring the firm’s performance is done. Findings – From an investor’s viewpoint, the performance indicators indicated no significant relation of the increase in the firm’s performance with the increase in directors’ remuneration. But, from the accounting viewpoint, there exists a positive correlation between the two. Therefore, the directors’ remuneration adds to the intrinsic value of the firm, but does not contribute significantly to the extrinsic value of the firm. Research limitations/implications – Future research could encompass a large...

The Information Technology Act, 2000-Demystified with Reference to Cybercrimes

Corporate financial reporting provides the fundamental information to a wide range of policy makers in entire sector of the economy. That may be very useful to the shareholders, management, government, creditors and society at large. It also has a vital input for effective and efficient management and requires attention in practices. More specifically, transparent disclosures of operations lead to a dynamic and competing financial institutional environment. This study examines the corporate governance (CG) disclosure practices of selected Indian Banks by using the financial and non-financial parameters explained in the ‘Guidance on Good Practices in Corporate Governance Disclosure’ issue by the ISAR (International Standards of Accounting and Reporting). Based on the parameters explained in the document, this research analysed the corporate governance disclosure practices followed by Indian Banks in their annual reports for the period of 2007-08 to 2011-12. Based on the parameters, Corporate Governance Disclosure Index (CGDI) is formatted in such a way that it helps in evaluating the corporate governance disclosure practices of each bank. Regression analysis indicates that the CG disclosures are positively associated with financial performance indicators of the banks.

Interdisciplinary Perspectives on Business Convergence, Computing, and Legality

Interdisciplinary Perspectives on Business Convergence, Computing, and Legality investigates the development of convergent and interoperable systems in business environments, with a particular focus on potential legal implications that emerge when a company begins branching out into domains traditionally occupied by suppliers and consumers. Business and law professionals—both in academia and in practice—will use this book to gain a greater understanding of the growth of convergence in the field of information technologies and how such transformations affect business practices around the world.