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Consumer Laws

 > Consumer Laws

Laws & Legal Compliances for BioPharma Companies involved into Genetics & Genomics

With the vast population of India also comes a vast ethnic diversity of genetic ancestry. More than knowing about familial ties, genome sequencing, with this prognostic character, has become a very useful source of information in order to predict the likely course of medical conditions that an individual is susceptible to. It points towards the mutations present in the gene, which when present, puts the person at higher risk of inducing the disease in their lifetime than the person in whom such mutation is found to be absent. However, the potential carried by such data collection and interpretation process continue...

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Laws on Network Security in India: Lawyers Advice

In 2020, India has turned out to become the country with second largest internet user base with over 506 million users. Also, in the coming years, these number are said to increase up to 600 million. However, with the constant growth in digitization, safeguarding network security system with necessary resources becomes imperative. For, this we need to understand the current legal framework of network security in India. Also, whether these laws are robust enough to meet the demands for network security in India. Information Technology Act has brought positive changes across the legal sphere in India: -India was the twelfth country...

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Enforcing an International Non-Disclosure Agreement for IT Services & Work

Brief Information: Non-Disclosure Agreements: -Non- Disclosure Agreement are those agreements where the parties to the agreement agrees not to disclose the information given in the agreement. It basically denies the access of the third party on the information mentioned in the agreement. It typically serves three basic functions, namely, protecting the sensitive information, helps inventor to keep patent rights and lastly differentiates between exclusive and confidential information. A Non-Disclosure Agreement is regarded a necessity for IT-service projects, that are outsourced. This agreement also helps in resolving any dispute in case a party to the agreement breaches some part of the...

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Determining Jurisdiction of a Court while making Purchase from E-Commerce Platforms

An e-commerce entity has its Corporate Office in Gurugram, Haryana but according to the terms and conditions, all disputes arising shall be subject to the jurisdiction of the court, tribunal and forum in Bengaluru. In such cases, if the aggrieved person residing in Delhi has to file a complaint against the spurious product and ill refund policy of the e-commerce entity at his residence itself, the same becomes challenging. It is therefore important to understand, as to what needs to done if the person desires to file the complaint in Delhi itself. Now, under section 11(2) of the Consumer Protection...

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Effect of a Charge Sheet on a Criminal Trial: Lawyers Advice

Every day we read in news articles and columns, that a charge sheet has been filed against a person who has committed murder or rape or any other crime so. A few days back we heard that a charge sheet was filed in the cases related to the Delhi riots. The charge sheet had names of 5 persons including Sharukh Pathan. But that raises a question, what is a charge sheet, what does it contain and why is it so important in a criminal trial. Therefore, it becomes pertinent to know about the legal implications involved in a charge sheet....

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Legal Remedies available from Personal Guarantors to Corporate Debtors under the Individual Insolvency Process: Lawyers Advice

While the Insolvency and Bankruptcy Code, 2016 is just a couple of years old, the IBBI has commenced the individual insolvency process under the IBC as well. The Chairman of the IBBI, Ms Sahoo stated that this process has been categorised into three categories which are – Personal guarantors to corporate debtors, Proprietary and partnership firms, The rest of the individuals. By a notification dated 15 November, 2019 as of 1 December, 2019 the Central Government has brought into effect Part III of the IBC, 2016. This article aims to examine the effect of insolvency proceedings of personal guarantors to...

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The new Consumer Protection Act of 2019 & its Impact on Herbal and Ayurvedic Medicines & Products: Lawyers Advice

Herbal and ayurvedic medicines are the oldest forms of medicines, facilitating a worldwide demand till today. Practitioners of these medicines are utilising e-commerce in order to reach a wider consumer base as well. Claims from the effectiveness and safety of these medicines are not backed with evidence or clinical data. Sometimes, consumers are denied basic knowledge, access to product information or even a basic prescription which would be provided otherwise. The recent Consumer Protection Act of 2019 provides consumers with a wider ambit of protection, while keeping in mind the current scenario of markets today as well. Hence, this article...

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The new Consumer Protection Act of 2019 & its Impact on Marketing Agencies: Lawyers Advice

The recent Consumer Protection Act of 2019 has brought about major changes to the consumer protection law in India, providing consumers with protection while keeping in mind the current reality and vast amount of goods are services being provided. The new Act incorporates an expanded definition of “consumer” including E-commerce websites in its ambit, introduces concepts such as unfair contracts and product liability, and provides for the establishment of the Central Consumer Protection Authority as well. While this Act has had an impact on multifarious aspects, this article aims to highlight its impact on marketing agencies specifically. Key Changes...

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The new Consumer Protection Act of 2019 & its Impact on Beauty Products and Cosmetics: Lawyers Advice

The cosmetic products in India are regulated under the Drugs and Cosmetics Act 1940 and Rules, 1945 along with labelling declarations by the Bureau of Indian Standards (BIS). Recently, the Consumer Protection Act, 1986 was replaced by the 2019 Act. The new Act of 2019 has been enacted with the aim of providing timely and effective administration and settlement of consumer disputes and related matters. While major changes have been introduced, this article seeks to examine impact of the Consumer Protection Act of 2019 on beauty and cosmetic products. Key aspects of the Consumer Protection Act of 2019 – This...

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