Recent developments regarding the One Nation, One Ration Card (ONORC) Scheme

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August 19, 2021

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This article is written by Aastha Verma, from Kalinga University Raipur, Chhattisgarh. The article emphasized the One Nation, One Ration Card (ONORC) scheme and challenges faced by the migrant workers during the COVID-19 pandemic.

Table of Contents

Introduction

One Nation, One Ration Card (ONORC) Scheme was launched in August 2019. The scheme of one nation, one ration card was designed to make sure that all ration beneficiaries under the National Food Security Act, 2013 can get ration from anywhere throughout the country. They have the right to choose from any Public Distribution System (PDS). The idea was to reform the PDS and it was initially launched as an inter-state pilot.

However, when the COVID-19 pandemic hit India, by 2020 thousand of migrant workers returned to their villages and faced various problems. As a part of economic package relief, the government announced the national rollout of the ONORC Scheme in all states and Union Territories by March 2021. Migrant beneficiaries who are having proper ration cards and have been identified under National Food Security Act, 2013 will get ration in their parent state as well under this plan. The Supreme Court directed all the state and Union Territories to implement one nation, one ration card scheme by 31st July 2021. Also, directed the centre to undertake exercise under Section 9 of the National Food Security Act, 2013 to re-determine the number of persons to be covered under rural and urban areas of states.

By introducing ONORC the idea was to reform the PDS which has been historically being inefficient and has loopholes. Let’s discuss the scheme in detail.

One Nation, One Ration Card Scheme (ONORC)

The Scheme of ONORC applies to those citizens who are in Below Poverty Line (BPL) category. The beneficiaries are identified based on AADHAR identification through the electronic device known as Point of Sale (PoS). This device is available in all the Public Distribution System shops. The system identifies beneficiaries through biometric authentication on a PoS device at the fair shop. The system runs through the two portals – Integrated Management of Public Distribution System (IM-PDS) and Annavitran which host all relevant data. The beneficiary should match the real-time data with the details on the Annavitran portal. The main object of this scheme is to improve the country’s Hunger Index and to reduce the influence and role of middlemen.

This scheme also ensures that people have access to food grain even if they shift from their native place to another place of work. The scheme is beneficial to migrant workers and labourers, daily workers, beggars, etc., as they move from one place to another in search of work. It ensures the interstate portability of the ration card. The progress of the implementation of the plan is reviewed by the Union Minister of Consumer Affairs, Public Distribution.

As per the scheme, the 17 states that have implemented the ONORC reform, were allowed to borrow an additional Rs.37,600 crore in 2021. Under the National Food Security Act, 2013, about 81 crore people are entitled to the subsidy of food grain rice at Rs 3/kg, wheat at Rs. 2/kg and grain at Re.1/kg from the fair shops. Also, according to the National Food Security Act, households covered under the Antyodya Anna Yojana (AAY) are entitled to receive 35kg of food grains per household.

The ration cardholder is assigned a fair shop in the locality where his ration card is registered. Till now 33 states and Union Territories have joined the ONORC scheme, covering about 69 crore National Food Security Act beneficiaries. Delhi is the latest union territory to enable the ONORC scheme. Three states are yet to join this scheme, they are Chhatisgrah, Assam, West Bengal. West Bengal will complete the installation of the necessary infrastructure to roll out the platform. Chhattisgarh will start the ONORC scheme when there is sufficient purchase of a PoS machine. Assam is trying its best to implement the scheme and has collected all the relevant information of AADHAR of the beneficiaries.

Inter-state migration

With growing inter-state migration from village to urban areas the government’s effort was to ensure that migrant workers and their families have nutritious food and can avail the benefit of the National Food Security Act, 2013. From this policy, migrant workers can take foodgrains from anywhere throughout the territory of India. The ration shops and food distribution shops play a key role in helping the migrant to live at their place of work, as it helps the workers to get their necessities at a subsidized rate.

Right to food

The fundamental right to life is defined under Article 21 of the Indian Constitution which includes the right to live with human dignity, having the right to food, and other necessities.

Benefits of scheme

Under the scheme, beneficiaries from one state can get their share of the ration in other states as well, no matter from which state they belong.
It will give them the opportunity to choose the dealer of their choice.
It will be beneficial for women and other vulnerable groups given the social identity based on caste, class or gender provides a strong backdrop in accessing the Public Distribution System.
This scheme will help in achieving the target set under Sustainable Development Goals (SDG). It will also help to identify the poor state of hunger in India as highlighted in the Global Hunger Index.
The government has provided incentives to the state and set a pre-condition for additional borrowing by states during the COVID-19 pandemic.

Supreme Court judgment

In the case of Re Problems and miseries of migrant workers, the Supreme Court takes the suo moto cognizance of the case. After Maharashtra and Gujarat had implemented the scheme successfully, the Supreme Court ordered that it was to be implemented by other states too. The bench emphasized that no excuses were to be given regarding the implementation of the scheme. The issue of the non-availability of resources to unregistered migrants was highlighted by Senior Advocate Dushyant Dave. He said that there is not sufficient data to check the vulnerable sections of society.

The Solicitor General responded to this and said that the Pradhan Mantri Gareeb Kalyan Yojana has been extended up to November. The Additional Solicitor General stated that 8 lakh metric tonnes of food grain are given to the centre for the redistribution of grain to all states. The court raised concern over the migrant workers who do not possess any form of identification could avail the benefit of the scheme. The court also inquired about the progress of the scheme and the setting up of a database that they receive the due benefits. The Union Secretary informed us that the portal is ready. Every state is complaining about the lack of access to the portal.

Those who were registered under the Code of Social Security were to be incorporated into the registration. The court emphasized the need for a Common National Database for all unorganized workers. Also, directed the Ministry of Labour and Employment to create the database with the collaboration of state governments. The central and the state governments should complete the registration process of organized workers so that unorganized workers can also access the benefit of the scheme which is initiated by the Indian government. The Supreme Court also directed the state government to introduce a scheme to supply dry food grains and set up a community kitchen to ensure that migrant workers do not go hungry during the COVID-19 pandemic.

The scheme reduces worries of the poor – PMGKY

Pradhan Mantri Gareeb Kalyan Anna Yojana is a food security welfare scheme that was envisaged by the Prime Minister to provide assistance and help mitigate the economic impact of COVID-19. Prime Minister Narendra Modi addressed the beneficiaries of Pradhan Mantri Gareeb Kalyan Anna Yojana and said that this scheme has reduced the worries of the poor and increased their confidence. The free ration is being distributed to numerous families in Gujarat which has reduced the worries of the poor in the pandemic. Further, added that the country is spending lakhs of crore on infrastructure just to improve the quality of life of human beings, it is targeting the new benchmarks for ease of living and keeping the empowerment of the poor in top priority.

Food security and COVID-19 pandemic

During the COVID-19 crisis, millions of migrant workers faced the problem of food security. This forced them to travel during the pandemic which increases the spread of the virus and risks to their health. Some of the migrant workers walked hundreds of miles as they had minimal savings and were limited to access the benefit. Thus, food security became a critical concern. India set up PDS in 1944 to deliver subsidized food to citizens. Using ration cards, people may purchase the food grains from fair shops at subsidized rates. About 230 million cardholders and 534,000 shops and 88% of which possess electronic PoS machines. During lockdowns, ration cardholders are allowed to purchase food at cheaper rates or free food distribution from the government. As the lockdown started in India, Finance Minister Nirmala Sitharaman announced a free supply of food grains and cash payments to women and poor citizens under the Pradhan Mantri Gareeb Kalyan Yojana. The Food Secretary also said that the center was providing grains to states through the Open Market Sale Scheme (OMSS) to allow them to provide additional support to their citizens of the state. The center has given the responsibility to provide food grains to persons who do not possess any state card, even knowing that there is an additional financial burden on the state during the crisis.

Despite many measures taken by the government many citizens, especially migrant workers were left without access to these benefits. PDS has been unable to account for a mobile migrant population and people are struggling with the issuance of ration cards and AADHAR cards which has affected the economy severely.

During the COVID-19 pandemic, the policymakers are faced with the dual objective of ensuring that citizens should follow the COVID-19 protocols and on the other side all have access to food. A major concern of food security is with the migrant workers as they have a lack of access to take subsidies from PDS. As before the amended scheme the cardholders cannot take the subsidy in any other state. Intra-state probability was available with the 12 states at the start which allow the migrant workers to procure food at their place of work.

Conclusion

The scheme of the One Nation One Ration Card (ONORC) is implemented in order to distribute the ration free of cost from the Public Distribution System (PDS) cardholders. The beneficiaries of biometric authentication will get free rations from fair-price shops. This plan is to make food security portable.

COVID-19 not only represents a health crisis but also there is a scarcity of foodgrains and migrant workers are dying because of starvation. Public policies that provide food grains have the potential to help the migrant workers to restrict their movement, but policy implementation needs time, which may lead to being less effective when implemented across borders. Food distribution activists by local government stakeholders need to tide migrant workers over through this pandemic. Activists pointed out that the usage under the scheme has been low especially in states where they do not have electronic point-of-sale machines which need to implement the scheme. In wake of this situation and to prevent it from repeating in the future, the central, as well as state government, should initiate the welfare scheme for the unorganized society and should welcome the court’s order as it will direct the government to take a significant step towards the development of the country.

References

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The rise of importance of international arbitration in copyright disputes

By

Shoronya Banerjee

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August 19, 2021

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This article is written by Ahamd Ziad, pursuing a Certificate Course in Arbitration: Strategy, Procedure and Drafting from LawSikho.

Table of Contents

Introduction

The globalisation of cross-border trade and investment has resulted in more intricate connections between firms, investors, and governments. In today’s globalised and digitalised world, intellectual property is becoming increasingly important to economic growth and international commerce. As some of those relationships unavoidably fail, the parties must determine the best way to resolve any potential disputes. Arbitration is highly effective in such situations. In several fields, arbitration has become the standard method for resolving disputes. International arbitration is becoming more common as a means of resolving intellectual property disputes. International arbitration is a form of binding dispute resolution before an impartial tribunal that emanates from the parties’ agreement. International arbitration is the preferred method of resolving transnational disputes. The impartiality it provides, along with the relative ease with which the awards of the tribunal may be enforced, make it a more appealing forum for disputes resolution than litigating in the national courts of contracting parties.

Copyright is a person’s exclusive right to reproduce, publish, or sell his or her original work of authorship as a literary, musical, dramatic, artistic, or architectural work. What is protected under copyright law is the “form of material expression” and not the actual thoughts, ideas, processes, or facts in a work. That is why work must be fixed in a tangible form in order to receive copyright protection. Original works of authors which are in tangible form, whether published or unpublished, are protected by copyright. Paintings, literary works, live performances, photos, movies, and software are all examples of works that are protected under copyright law. The fundamental purpose of copyright law is to protect and safeguard the time, effort, and creativity of the author. The copyright law grants the owner of copyright some exclusive rights, such as the right to reproduce the work, the right to distribute the copies of the work by sale, lease, or other transfer of ownership, right to display the work publicly. The copyright owner also has the right to delegate any of the above-mentioned rights to others. The copyright owner can also transfer his or her exclusive rights to others.

Copyright is acquired at the time of the creation of the work and does not require registration under the Berne Convention for the Protection of Literary and Artistic Works. While most countries follow this approach, some countries allow copyright work to be registered or deposited voluntarily, for example, the Library of Congress in the United States.

Rise of the importance of arbitration in copyright disputes

Copyright disputes are recognised as arbitrable in the majority of nations and challenges to awards based on non-arbitrability have a minimal likelihood of success. If the parties agree to arbitrate, any copyright-related contractual, infringement, and validity dispute can be settled through arbitration. Copyright-related contractual agreements, such as software licensing, are frequently structured as multinational contracts, emphasizing the need for international arbitration. As per the World Intellectual Property Organization (WIPO) statistics, copyright disputes account for 13% of the WIPO cases, which include, broadcasting, copyright collective management, art, entertainment, film, and media copyright infringements.

When compared to court litigation, international arbitration has a number of intrinsic distinctive qualities that make it a more viable choice for resolving copyright disputes. The advantages of international arbitration, particularly in the context of copyrights disputes, include the following:

Specialised expertise

Due to the technical nature of IP disputes, adjudicators should ideally have technical knowledge and expertise in the relevant subject. Contracts involving copyright are unique in terms of terminology and practice, and they cannot be understood or construed accurately without familiarity with the appropriate vocabulary and precedent. The right of a party to choose at least one of the arbitrators on a tribunal that will hear and decide their dispute is a key element that is viewed as a distinct advantage over the judicial system. One of the most significant advantages of international arbitration is that the parties have the option and flexibility to select an arbitrator with particular expertise in the subject matter. There are several international arbitration institutions that provide a specifically designated panel of expert arbitrators in copyright disputes for e.g. World Intellectual Property Organization (WIPO), Singapore International Arbitration Centre (SIAC) Panel of Arbitrators for Intellectual Property Disputes, American Arbitration Association (AAA), Conflict Prevention & Resolution (CPR) Panels of Distinguished Neutrals, and the Hong Kong International Arbitration Centre (HKIAC) Panel of Arbitrators for Intellectual Property Disputes, etc. Since International copyright laws involve several international copyright and related rights treaties, an Arbitral tribunal consisting of a copyright specialist adds significant value to the efficiency of the dispute resolution process.

Speed, efficiency, and flexibility

International arbitration is often seen to be speedier than litigation. Many arbitration institutions provide expedited and emergency arbitration rules and processes, which might be advantageous in the case of copyright disputes. Another advantage is that arbitration provides freedom to parties to customize their dispute resolution process, freedom to agree on the conduct of the proceedings and select appropriate procedural rules. For example, parties can place limits on the amount of evidence admitted for copyright disputes, even choose the extent to which certain rules of evidence are to apply, deciding procedural timelines, procedural steps, discovery and document production, and so on. This is particularly important in times of crisis, because the parties may agree to relocate the hearings or hold them remotely, electronically, or through videoconference.

Urgency and provisional measures

Another significant benefit of international arbitration is the ability of tribunals to provide interim remedies or injunctive relief, which is allowed as per the rules of most arbitration institutions. Interim relief or preliminary injunction is pivotal in copyright arbitration, for preventing or stopping copyright infringement, distribution, or transfer of rights to infringing copyrighted content, software, databases, and so on. Most leading arbitration institutions’ rules provide for the possibility to appoint an emergency arbitrator to deal with interim measures and these rules are increasingly used by the parties to request interim measures, for example, WIPO Emergency Relief Proceedings, SIAC Emergency Arbitrator and Expedited Procedure, ICC Emergency Arbitration, etc.

Confidentiality and finality

The confidentiality of arbitration processes and awards are especially important in Intellectual Property disputes since the issues in question are generally sensitive, which a party wants to keep private. Parties do not want to expose their disputes in public and prefer to keep them confidential. In international arbitration, the parties have relatively limited appeals possibilities, which is another significant advantage over litigation. An arbitration award is binding on the parties and provides a certain and conclusive resolution to the dispute. Legal rulings can be reversed on appeal and judges with little technical knowledge may make mistakes. Arbitral awards, on the other hand, are intended to be final and definitive, and generally, awards are not subject to appeal. Courts are often hesitant to consider appeals or judicial review of arbitral awards on the merits since doing so would undermine the parties’ original intentions.

Enforceability

Arbitral award in international arbitration is enforceable in a country that is a signatory to the New York Convention, 1958. Presently, 168 States are parties to the New York Convention and an award can be enforced in any of the Member States. However, an arbitration award concerning a specific Intellectual Property right may not be enforceable in a country that does not consider such Intellectual Property rights as arbitrable. For instance, copyright disputes are fully arbitrable under English Law and UK courts have broadly interpreted arbitration agreements. While in the United States, there is no law that specifically allows for binding arbitration of copyright issues, claims, including those under the Digital Millennium Copyright Act, have been found arbitrable by US courts. Even the validity of copyright is arbitrable in the US. In Canada, the Supreme Court of Canada has recognised that the parties to an arbitration agreement have autonomy in identifying the disputes which may be subjected to arbitration. Singapore, In Singapore, all the Intellectual Property disputes are arbitrable as per the Singapore Intellectual Property (Dispute Resolution) Act, 2019. Only a few nations, such as South Africa, entirely prohibit the arbitration of intellectual property disputes.

Conclusion

Arbitration is an expeditious method of dispute settlement, providing a neutral forum consisting of expert arbitrators and with a procedure that preserves privacy and confidentiality. Arbitration is certainly an effective method of dispute resolution with evident advantages. Accordingly, International arbitration is becoming more common as a means of resolving Intellectual Property disputes and is preferred over litigation as a more appropriate and efficient dispute resolution method. This has resulted in the setting up of international arbitration institutions which provide a specifically designated panel of expert arbitrators in Intellectual Property disputes such as the World Intellectual Property Organization (WIPO), Singapore International Arbitration Centre (SIAC) Panel of Arbitrators for Intellectual Property Disputes, American Arbitration Association (AAA), and Conflict Prevention & Resolution (CPR), etc. Parties should clearly define their contractual Intellectual Property rights and include a well-drafted arbitration provision at the start of any partnership or business transaction. Also, the issue of arbitrability must be considered before deciding the arbitration’s seat and the location of enforcement.

References

https://www.lw.com/thoughtleadership/guide-to-international-arbitration-2017
https://globalarbitrationreview.com/guide/the-guide-ip-arbitration/first-edition/article/patent-copyright-and-trademark-disputes
https://www.wipo.int/amc/en/center/caseload.html
https://www.worldtrademarkreview.com/arbitrability-of-ip-disputes
Desputeaux v. Éditions Chouette (1987) inc., 2003 SCC 17 (Can. 2003) at 198.

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Top legal thriller movies from 2000 to 2021

By

Diganth Raj Sehgal

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August 19, 2021

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This article is written by Yash Kapadia. This article enlists the best legal thrillers you can watch of the 21st Century.

Table of Contents

Introduction

Contrary to today’s popular belief, I strongly believe that nothing is more gripping and holds your attention than a classic courtroom drama. We are definitely far away from some of the cults like The Devil’s Advocate, 12 Angry Men, To Kill a Mocking Bird and Mississippi Burning, but the enigma and excitement of watching similar movies like these have not yet gone away.

The 2000s marked an era of legal movies with more plush offices, better courtrooms, fierce judges, better lawyers with even better suits, distinctively better screenplay and direction, and therefore we need to dismiss rumours of this genre’s demise or even being taken over by the web series culture.

Through this article, we enumerate the top legal thriller movies from the last two decades one must watch if legal movies intrigue you. These movies are specimens being brought to life by the best of thespians of the movie industry.

Fracture (2007)

Fracture is a legal thriller released in the year 2007. This movie stars the legendary two-time Academy Award winner Anthony Hopkins playing the role of the antagonist and Ryan Gosling bringing to life the role of a promising and upcoming district attorney.

This movie revolves around the story of a man (Hopkins) who shoots his unfaithful wife and confesses his crime and gets arrested. While representing his own self in the courtroom, he engages in an absolute battle of witticism and wordplay. The movie is bound to keep you guessing and imagining ways in which Hopkins tries to get away with a crime in the most fashionable manner by manipulating the law, but then enters “legal knowledge”. Towards the end of this movie, while one is holding onto the pillows of the couch comes a twist, leaving it in Gosling’s hands to figure it out. For the lawyers reading this, we’re talking about the words “double jeopardy”.

If you are one of those who likes to have a rollercoaster of 1 hour 53 minutes along with intense acting and awaiting a thought-provoking end to a crime story, then this should top your list. Fracture is another movie where Anthony Hopkins plays a beautifully dark character who manipulates the law in unimaginable ways. Fracture is often regarded as one of the most under-rated legal crime thrillers of all time. One deserves to watch this cult.

Just Mercy (2019)

Just Mercy is a biographical legal drama of justice and redemption released in 2019. This movie has a powerful star cast of Jamie Foxx, Michael B Jordan and Brie Larson.

Just Mercy is based on the real-life true story of one Mr. Walter McMillian (played by Jamie Foxx), an African-American pulpwood worker from the US state of Alabama, who had been wrongfully convicted of murder and sentenced to death. McMillian with the help of an idealistic Harvard Law attorney Bryan Stevenson (played by Michael B Jordan), appeals his murder conviction. The film is based on a memoir of the same name, which is written by Bryan Stevenson himself.

The plot revolves around racism in the US in the late 1980s and early 1990s. It gives prominence to how people in power pinned heinous crimes on dark-skinned or poor people without any evidence. Wrong judgements were passed as a result of bigoted mindsets and innocents were awarded death penalties. It is said that “Truth Alone Triumphs”. However, there is no one to bring out the truth until Bryan Stevenson desists from his flourishing career and takes it upon himself to save such innocent lives. He has full knowledge that going against the flow would be subject to huge challenges. Despite that, he doesn’t give up.

It is when Jordan meets Foxx it is learned that the entire case revolves around a testimony given by a convicted felon in exchange for a lenient sentence in his already pending trial. After Jordan meets him, he is convinced to testify in court of malice testimony presented and would be up for perjury charges as per law in the State of Alabama. With the turn of events with political power being a major catalyst, things come to a close when the testimony is submitted and a retrial of Foxx is approved and finally dismissed.

Just Mercy is a must-must watch because of every truthful emotion translated by every character on the screen. Jamie Foxx does not cease to amaze, taking one more step forward in his creative talent and depth as an artist in the world of acting. As the credits rolled and the real Walter McMillian is revealed, it is pleasant to see how Foxx did such an excellent job transforming to look and behave like this man. The marriage of Jordan’s strength, humility, tenacity, vulnerability, and hope while facing untold psychological traumas throughout the film is brilliant. So many crucial scenes and layers of his journey and nature were applied to Bryan’s character. Jordan nailed the role and clearly chose a role that would challenge his growth as a method actor.

If you are one of those who does not hold back to shed a tear looking at the atrocities faced by the underprivileged or economically backward people through manipulation of law and evidence, this movie is the real deal.

It is in fact necessary to state that after decades of discrimination, the State of Alabama recently decided to get rid of the racist language from their constitution which promoted white supremacy.

The Lincoln Lawyer (2011)

This movie was released in the year 2011 starring an all-time favourite, Matthew McConaughey (the lead actor of Interstellar). Matthew plays the role of a criminal defence attorney, Mickey Haller who operates his office from the back of his chauffeur-driven Lincoln Town Car defending low-end criminals.

This movie revolves around how Mickey is hired for a high profile case to defend Louis Roulet, a Beverly Hills playboy and the only son of a real estate lady mogul. Louis is accused of raping and beating a prostitute and charged with a death penalty. As any lawyer would, believing his client to be innocent, Haller soon finds out evidence that proves his own client’s guilt. This movie is a series of ups and downs faced by Haller and how he tackles every situation in order to safeguard his client from being held guilty until he takes the right path.

A major duty of being a law-abiding lawyer is shown when Haller cross-examines the opposite party in a hard-hearted manner as he was legally obliged to defend his client, either guilty or not.

You may in all probability come to watch this movie for Matthew McConaughey but will surely stay for the mind-blowing performances of its supporting cast. This movie is a must-watch for viewers who are ready to go from 0 to 100 in quick time while watching elite performances by the cast.

Bombshell (2019)

As the name suggests, this movie was released in 2019 with the stellar cast of Nicole Kidman, Charlize Theron and Margot Robbie. Bombshell is a movie based on the accounts of 3 of the many women working at Fox News who set out on a journey to expose the then CEO, Mr. Roger Alies of sexual harassment. This movie received various nominations for best actress, best-supporting actress, make-up and hairstyle.

The movie describes how Nicole Kidman was taken off as a co-anchor of a popular show and was moved to a less popular one. There she faced several sexist comments on and off the air including comments by the CEO Roger Alies thereby violating her rights. After being a target of such atrocities, she decides to meet her lawyers who in turn tell her that she is precluded from suing the network as per her employment contract with Fox News but she however has the right to sue the CEO personally. Similarly, the character played by Margot Robbie is sexually harassed by the CEO. After the character played by Nicole Kidman is fired, she sues the CEO for sexual harassment which is denied by him. During this course, Charlize Theron comes in support when she states that she too was harassed during her initial days at Fox News.

The movie comes to an end after more and more evidence is found against the misdemeanours of the CEO in the course of his legal turmoil. The grave allegations with no defence led to Fox News settling the lawsuit for a whopping amount of $20million to the character played by Nicole Kidman along with an apology for the hostile work environment created by the CEO. Fox News further paid other victims a total sum of $50 Million to settle the pending lawsuits. Mr. Rober Alies, played by John Lithgow (winner of two Golden Globes) is then fired by the co-creator of Fox News. In real life, Roger Alies died in May 2017 due to a medical condition. Fox News further paid a $1 million fine for repeated violations of the New York City Human Rights Law after a three-year investigation into sexual harassment and other misdemeanours that took place.3 This was a major blowout to organisations that then started training their employees and making them aware of their rights at the workplace.

This movie can also be related to the recent controversial #metoomovement led by various actresses who were sexually harassed. Bombshell is a sure-shot treat to watch for every viewer looking out for a bundle of powerful performances by leading ladies of Hollywood who show us how powerful the legal system is and how it can affect one’s life.

Runaway Jury (2003)

It should suffice that this is a must-watch movie when it has been directed by Gary Fleder. Runaway Jury has an ensemble cast including John Cusack in the lead role. This movie is based on a novel of the same name written by John Grisham.

Runaway Jury is a legal thriller when one of the jury consultants uses illegal means, manipulation to select a jury who will be leaning in favour of the defense. The movie starts with a shooting scene at a brokerage firm where one Jacob Wood dies. Two years later, his wife hires an attorney to fight a case on the ground that the death of her husband was due to the company’s gross negligence. It is a once-in-a-lifetime movie where the jury consultants take the way of background check of every juror to be decided through the mode of electronic surveillance which is not legal in whatsoever manner.

Refraining from revealing the plot of this entire movie to not spoil the experience and putting it in as little words as possible, this movie is a masterpiece of a very high stakes game of cats and mice and one can only determine who really wins until the movie ends. The law is bent and manipulated time and again and the characters resort to illegal means like bribery in order to get a favourable outcome of the case. The cross-examinations in this movie are one of the most intensive ones, which display the true characteristics of each role played.

This movie is nothing less than a treat to viewers with patience and an aura for intelligent method acting and brilliant direction.

Conclusion

As we enlisted some of the best legal movies one must watch, this list cannot be said to be exhaustive due to the peculiar cinematic choices of every individual. Some tend to like movies with great stories, while some like great acting, some watch it for their favourite star and some watch it because of word of mouth marketing.

One thing which is sure of the movies mentioned above is that one would surely recommend it to like-minded people. These movies have beautifully interwoven the art of direction, acting, story-telling. The viewers should be ready for suspense, anticipation and anxiety whilst watching these masterpieces.

Last but not the least, all these movies have depicted the legal profession and the relevant law at play in an easy to understand manner. These movies are perfect to watch as a mid-week burner and need less time commitment than web series that need to be binge-watched.

References

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Analysing the case of Glencore International AG v. Hindustan Zinc Limited

By

Shoronya Banerjee

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August 19, 2021

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This article is written by Ahamd Ziad, pursuing a Certificate Course in Arbitration: Strategy, Procedure and Drafting from LawSikho.

Table of Contents

Introduction

India is a signatory to the New York Convention, 1958 on recognition and enforcement of the foreign arbitral award and Geneva Convention, 1927 on the execution of the foreign arbitral award. If a party to arbitration receives a binding award from an arbitral tribunal situated in a country that is a signatory to the New York Convention, 1958 or the Geneva Convention, 1927 and that country is also recognised as a reciprocating territory by the Indian government, the award is enforceable in India. For executing a foreign award, the decree-holder must file an application with a court of competent jurisdiction for the enforcement of the award, and if the court is satisfied that the award is enforceable, the foreign award can be executed similarly to a court decree. The procedure for the enforcement of foreign awards is prescribed in Part II of the Arbitration and Conciliation Act, 1996, while the procedure for execution of a decree is to be governed by the Code of Civil Procedure, 1908.

For the execution of a foreign award, the decree-holder has to move an application to the court of competent jurisdiction for the enforcement of the award and if the court is satisfied that the award is enforceable, then the foreign award can be proceeded to be executed similar to a decree of the court by virtue of the objective laid down in the Arbitration & Conciliation Act, 1996, which states that every final arbitral award shall be enforced in the same manner as a decree of the court. The enforcement procedure for foreign awards is set out in Part II of the Arbitration and Conciliation Act, 1996. The execution of a decree is governed by the Code of Civil Procedure, 1908.

Since foreign award holders do not have a presence in India they often face difficulty in ascertaining which court to approach for enforcing their award. In 2018, the Supreme Court in Sundaram Finance Limited. v. Abdul Samad and Anr., had clarified that a decree-holder can file an execution petition before any court in India where the assets of the judgment debtor are located. In 2020, the Delhi High Court in the case of Glencore International v. Hindustan Zinc Ltd. provided further guidance on the enforcement of foreign awards by stating that a foreign award could be enforced as a decree, depending on the location of the assets of the judgment debtor. An application for enforcement of a foreign award has to be filed where the assets of the judgment debtor are located.

Facts of the case

On 13.12.2011, Glencore International i.e. decree-holder and Hindustan Zinc Ltd. i.e. judgment debtor entered into a contract for supplying 10,000 mts. of MRM concentrate from Australia to India. The law governing the contract was the law of England and Wales and the contract had an arbitration clause. The venue of the arbitration was London, U.K. On 28.03.2012, both the parties entered into another contract for the supply of 25,500 mts. of MRM with an option to purchase further quantity. The governing law, procedure, and the venue of the arbitration were similar to the terms mentioned in the first contract.

There were disagreements between the parties, therefore the judgment debtor requested arbitration for the contracts on 03.06 2014, by submitting a request to the registrar, London Court of International Arbitration. The Arbitral Tribunal passed its award, which was LCIA No. 142703 for the first contract and LCIA No. 142768 for the second contract.

In LCIA No. 142768, on 17.08.2017, the Tribunal found that the decree-holder was not in breach of the contract dated 28.03.2012, and rejected the judgment debtor’s claims for damages. Following that, the Tribunal passed a final award dated 01.05.2018 and awarded a sum of GBP 822,582.04, excluding interest. Thereafter, the decree-holder sought an award for interest on costs from the Tribunal. The Tribunal passed its final award on interest on costs on 06.08.2018.

On 03.01.2018, the judgment debtor had filed an Arbitration Application No. 6/2018 under S.34 read with S.48 of the Arbitration and Conciliation Act, 1996, before the Rajasthan High Court challenging the final award dated 17.08.2017.

In LCIA No.142703, on 17.08.2017 the Tribunal found that the decree-holder was not in breach of the contract dated 13.12.2011, and rejected the judgment debtor’s claims for damages. Following that, the Tribunal passed a final award dated 01.05.2018 and awarded a sum of GBP 823,162.22, excluding interest. Thereafter, the decree-holder sought an award for interest on costs from the Tribunal. The Tribunal passed its final award on interest on costs on 06.08.2018.

On 09.10.2017, the judgment debtor had filed an Application No. 28/2017 under Section 34 read with Section 48 of the Arbitration and Conciliation Act, 1996, before the Rajasthan High Court challenging the final award dated 17.08.2017.

The Rajasthan High Court through its common judgment dated 02.05.2019 dismissed both the Applications filed by the judgment debtor as non-maintainable. The judgment debtor appealed the decision of the single judge of Rajasthan High Court by filing an appeal before the Division Bench of the Rajasthan High Court against the judgment dated 02.05.2019.On 23.03.2020, the Division Bench of the Rajasthan High Court also dismissed the appeal filed by the judgment debtor.

On 18.03.2019, the decree-holder served a legal notice on the judgment debtor, demanding payment of fees and interest on costs under the final awards in both cases. The judgment debtor failed to make any payments. Having been left with no option, the decree-holder filed two petitions O.M.P. (EFA) (COMM.) 9/2019 and O.M.P. (EFA) (COMM.) 10/2019, before the Delhi High Court for enforcement of final awards.

Contentions of the parties

The decree-holder contended that the awards have been made in London, the UK to which New York Convention, 1958, applies under Section 44 of the Act and the award is thus, a foreign award. Further, that the awards are final and binding on the parties and enforceable in India as prescribed under Part–II of the Arbitration and Conciliation Act, 1996, as a decree of this Court. It was further contended that the judgment debtor has its office in Delhi. The assets/properties including bank accounts, which are sought to be attached in the present proceedings, are within the territorial jurisdiction of the Delhi High Court, and hence, the applications are maintainable.

The judgment debtor on the other hand opposed the enforcement of the award on the grounds that the courts of Delhi lacked territorial jurisdiction as the assets are not located in Delhi. The judgment debtor contended that his assets are located in Rajasthan and the property mentioned in the enforcement petitions is a leased property and that the judgment debtor is not the owner of such property. The judgment debtor further contended that since his enforcement challenge is pending before the Rajasthan High Court, the Delhi High Court should not hear the enforcement petitions.

Observations of the court

The Delhi High Court relied on the judgments of Bombay High Court in the cases of Tata International Limited, Mumbai v. Trisuns Chemical Industry Limited., and Wireless Developers Inc v. India Games Limited, and observed that once arbitration is concluded, and the stage is of enforcement then the question that has to be examined is the subject matter of the award. Where the award is a money award, the enforcement would lie in a court which is able to enforce the award. In the present case, the subject matter of the award is money and the judgment debtor has its assets within the territorial jurisdiction of this Court. The judgment holders have made a categorical averment in the petitions that the judgment debtor has an administrative office in Delhi, as also some moveable properties lying in those premises. It is also averred that the judgment debtor has bank accounts in Delhi. Significantly, the judgment debtor in its application, objecting to the maintainability, has admitted that there is an administrative/liaison office, though on a lease from the government. There is no document on record at present to corroborate the stand that the premises are on lease. Insofar, as the averment of bank accounts or other movables is concerned, there is not even a denial. In any case, in present times, there is a centralised banking system and accounts can be operated from any part of the country.

The Delhi High Court further relied on the judgment of the Supreme Court in the case of Brace Transport Corporation of Monrovia, Bermuda v. Orient Middle East Lines Limited Saudi Arabia and Others, and held that a foreign award is considered as a decree of the court while enforcing and can be enforced where the assets of the Judgment Debtor are located or where his money lies. The Court further stated that the parties are restricted from “Forum Shopping” and the enforcement petition would be filed before the Court having relevant territorial jurisdiction.

With respect to the contention of the judgment debtor that it has challenged the awards under Section 34 read with Section 48 of the Act and the appeal is pending before the Rajasthan High Court, the High Court relied on the judgment of the SC in the case of Eitzen Bulk vs Ashapura Minechem Ltd. & Anr., and held that the pendency of those proceedings cannot come in the way of the decree-holder enforcing the award before this Court. The issue is no longer resolved and has been settled by the Supreme Court in the Eitzen Bulk case. The Court directed the judgment debtor to file an affidavit and disclose all its assets, both movable and immovable and tangible/intangible within 5 weeks.

Conclusion

A decree holder having an award in his favor in a foreign seated arbitration is only a battle half won. The battle is not won till the decree-holder is able to recover the award. The Delhi High Court in the Glencore International case has provided guidance on the enforcement of a foreign award by holding that a foreign award may be enforced as a decree of the court, at the place where the assets of the judgment debtor are located. The mode of execution of foreign awards and domestic awards is also similar.

Since foreign arbitral award holders do not have a presence in India they often face difficulty in ascertaining the location of all assets owned by the judgment debtor. Decree holders should take the help of experts, at the earliest, to ascertain the location of all the assets of the judgment debtor as obtaining a restriction order against the alienation of assets is only feasible when such assets have been located. Therefore, the decree-holder, at the earliest, should move an application for enforcement of foreign award where the assets of the judgment debtor are located and try to obtain disclosure of assets of the judgment debtor from a competent court having the appropriate jurisdiction. Obtaining such disclosure of assets and financial status of the judgment debtor would reduce the risk of alienation or disposal of assets by the judgment debtor. Once such disclosure is availed, the next step should be to seek an order for the attachment and sale of the assets disclosed.

References

http://www.nishithdesai.com/fileadmin/user_upload/pdfs/Research%20Papers/Enforcement_of_Arbitral_Awards.pdf
https://www.dlapiper.com/en/australia/insights/publications/2020/07/enforcement-of-foreign-arbitral-awards
https://www.lexology.com/library/detail.aspx?g=3cdfccd7-cc3b-4857-b3a4-006b8fe875e3
https://www.mondaq.com/india/arbitration-dispute-resolution/960710/glencore-international-ag-v-hindustan-zinc-limited

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What to do if you see illegal transportation or smuggling of animals

By

Diganth Raj Sehgal

-

August 19, 2021

0

This article is written by Vanya Verma from Alliance University, Bengaluru. This article talks about how an individual can file a complaint against illegal transportation and smuggling of animals as well as how a case is registered against the same along with a sample.

Table of Contents

Introduction

The significance of wildlife must be viewed in light of the constitutional mandate. The Directive Principles of State Policy in the Indian Constitution include the protection and improvement of the environment, as well as the preservation of forests and wildlife (Article 48A). Every citizen has a fundamental duty to safeguard and improve the natural environment, including forests, lakes, rivers, and animals, as well as to have compassion for living creatures, as per Article 51A(g) of the Constitution. The Concurrent List, (List-III), Seventh Schedule of the Constitution of India includes animal cruelty prevention, forests, and (protection) of wild animals and birds.

Taking, possession, trading or movement, processing, or consumption of wild animals and plants or their derivatives in violation of any international, regional, or national legislation is referred to as wildlife crimes. Cruelty to wild animals, both free-living and captive, and persecution of them are sometimes included in this definition. Despite the fact that wild animals and plants are the primary victims of wildlife crime, it has a cascading effect on the ecosystem of a given country or region. Wildlife is our national wealth, as stated in the Constitution. As a result, wildlife crimes have become a problem in the country. Because illicit wildlife trade involves large sums of money, it should be considered a major economic crime.

The main wildlife offences are hunting and unlawful trafficking. All other offences, including preparation, possession, transportation, processing, and so on, are considered ancillary offences. As a result, wildlife offenders can be divided into two categories, firstly poachers or hunters who kill or capture wild animals or collect wild plants, and secondly, people who buy hunted and/or captured animals, body parts or derivatives, or collected plants, parts or derivatives, for personal consumption or trade. Wildlife material traders are the most powerful group of wildlife criminals, and they act in a well-organized manner. Organised wildlife criminal networks exist throughout the world, and they profit handsomely from their crimes.

Poaching is frequently linked to various levels of violence. Poachers for ivory, rhino horns, and other valuables have traditionally relied heavily on armament, which can result in human bloodshed. Poaching of other species, such as snakes, orchids, turtles, and so on, is more reliant on technical skills to identify high-value species. Poachers in India are frequently compelled by poor socio-economic conditions.

Procedure to file a complaint against illegal smuggling or transportation of animals

The steps below will assist you in registering a complaint:

Registering a case

Different states give different names to an offence report. Some examples are a Preliminary Offence Report, an Offence Report, a First Information Report (FIR), and a Seizure Notification. These are known as wildlife offence reports, and they are used to standardise the reports. The reports are prepared under Section 50(4) of the Wildlife (Protection) Act, 1972. Animal welfare organisations and individuals can file a report in India if they witness illegal smuggling or transportation of animals.

Here are few simple steps you need to follow:

Keep a safe distance and defend yourself if you believe you are seeing a crime in progress.
If it is safe to do so, use your cell phone to record images or videos.
Make a list of any information you have on the offender, including any vehicle information, what you saw, and where the incident occurred.
Include the full website URL and screen captures of the possible unlawful sale if you suspect someone is trafficking wildlife online.

Submitting a complaint in support of animal rights

If you wish to submit a “complaint”, you’ll need to go to a magistrate. A complaint can be made orally or in writing. A forest officer can be approached, and a complaint can then be filed with the magistrate. The following people can submit a complaint with the magistrate under Section 55 of the Wildlife (Protection) Act, 1972:

Members of the Central Zoo Authority or Member – Secretary of the Tiger Conservation Authority, Director of the concerned Tiger Reserve, or any other officer approved by the Central Government on his behalf.
The Chief Wildlife Warden is in charge of protecting wildlife.
Any person who has given at least sixty days’ notice to another person or organisation of his intention to file a complaint.

Arrest by an individual

The offences are non-bailable and cognizable under the Wildlife Protection Act. An individual can arrest an offender who has committed a non-bailable and cognizable offence under Section 43 of the CrPC. Also, when someone who is a habitual offender hands him/her over to the police.

Contact WCCB or TRAFFIC India

Please notify the Wildlife Crime Control Bureau (WCCB) and TRAFFIC India if you come across any information on the illegal wildlife trade in the:

Forest or police officers in the area.
At airports, seaports, and other international transit points, customs officials.

Authority

Address

Contact details

Wildlife Crime Control Bureau (WCCB)

Trikoot-I Bhikaji Cama Place, New Delhi

Tel: (+91-11) 26182484 Fax: (+91-11) 26160751

TRAFFIC India Office C/o WWF-India

172-B, Lodi Estate New Delhi 110003

(+91-11) 41504786/43516290

Website: www.trafficindia.org; www.traffic.org Email: [email protected]

Contact the regional offices of Wildlife Crime Control Bureau

List of the offices of Wildlife Crime Control Bureau

Office	Address and contact details	States/UTs covered
BHQ	Additional Director, Wildlife Crime Control Bureau, 2nd Floor, Trikoot – 1, Bhikaji Cama Place, New Delhi -110066. Telephone: 011 – 26182483 – 85 Fax: 011 – 26160751	All India Jurisdiction
Northern Region	Regional Deputy Director, Wildlife Crime Control Bureau / Northern Region, Bikaner House, Shahjahan Road, New Delhi- 110 011. Telefax: 011 – 23384556	Haryana, Himachal Pradesh, Rajasthan, Uttarakhand, Uttar Pradesh, Jammu & Kashmir, Panjab, Delhi.
Eastern Region	Regional Deputy Director, Wildlife Crime Control Bureau / Eastern Region, Nizam Palace, 2nd MSO Building, 6th Floor, A.J.C Bose Road, Kolkata-700020. Telefax: 033 – 22878698	Assam, Bihar, Meghalaya, Manipur, Mizoram, Nagaland, Sikkim, Tripura, Arunachal Pradesh, West Bengal
Central Region	Regional Deputy Director, Wildlife Crime Control Bureau / Central Region, R.F.R.C Mandla Road, T.F.R.I. Campus Jabalpur- 482021. Telefax: 0761 – 2840689.	Chattisgarh, Jharkhand, Madhya Pradesh, Odisha.
Western Region	Regional Deputy Director Wildlife Crime Control Bureau/ Western Region, Room No.501/B, Vth Floor, Kendriya Sadan Building, CBD Building, Belapur, Mumbai-4000614 Telefax: 022 – 26828184	Goa, Gujarat, Maharashtra, Daman & Diu, Dadar & Nagar Haveli.
Southern Region	Regional Deputy Director Wildlife Crime Control Bureau / Southern Region, C2A, Rajaji Bhavan, Besant Nagar, Chennai-600090. Telephone: 044 – 24916747 Fax: 044 – 24463477	Andhra Pradesh, Karnataka, Tamil Nadu, Kerala, Puducherry and Andaman & Nicobar Islands.

Basics of registering a complaint

Offences unnoticed by forest officers

Section 55(c) of the Wildlife (Protection) Act, has a provision that allows activists to pursue offences that have gone unnoticed by forest officers. A notice under Section 55(c), accompanied with details and evidence (pictures, videos, and reports), can be sent to the State Chief Wildlife Warden. If no action is taken within 60 days, you can submit a complaint with the Jurisdictional Magistrate, who can take cognizance of the case and begin a criminal trial against the offender(s).

Cases of hunting and smuggling

Several law enforcement agencies have the authority to take action in cases of hunting and smuggling. Local police, the District Superintendent of Police’s Crime Branch, the CID Forest Cell of the Police, the Forest Department’s Forest Mobile Squad and Vigilance Wing, and the Wildlife Crime Control Bureau are among them. If you don’t trust local forest department officials to act honestly, you could approach any of these.

Documenting violations

Please gather as much evidence as possible if you see a suspected infringement in the field. Take wide-angle and close-up photographs and movies. Find out the specific local name of the site, if feasible a GPS reading, the name of the Range, Beat, or Compartment, and a conspicuous landmark (river/watchtower/waterhole, etc.). Not only will your complaint be taken more seriously, but the information you provide will also improve detection and investigation.

Filing a petition

Please ensure that you first issue a notice/memorandum to the relevant or statutory authority seeking action before filing a petition with the High Court or the National Green Tribunal (NGT). If that doesn’t work, file the petition and include a copy of the notice that has been acknowledged. This will protect your petition from being dismissed or disposed of on this basis, as courts now check to see if administrative remedies have been exhausted.

Complaint and charge sheet

Complaint cases are the most common type of case under the Wildlife Act. A complaint is an allegation filed to a Magistrate by an official under Section 55(b) of the Wildlife Act or a citizen under Section 55(c) of the Wildlife Act or under Section 200 of the CrPC to initiate criminal proceedings. A police complaint is essential “Information” concerning an offence that is filed as an FIR. It is not permitted to file a charge sheet or Police Report.

Obtain a copy of the PA Notification in its official form

The government publishes all Protected Area (PA) notices in the Official Gazette. You can download and analyse PA notices that are of interest to you. Because a PA may contain numerous Reserved Forests (RF), certified copies of the RF Notifications may be required to fully comprehend the various legal rights that have been documented and granted. Footpaths or roads, settlements/villages, places of worship, water or forest produce, and so on are examples of such rights.

Check for encroachments using satellite imagery

Google Earth is a fantastic tool for tracking forest encroachment. This is a free utility that may be downloaded from the Google Earth website. It’s easy to use and can assist you in determining whether any forests have been destroyed or current settlements have grown. You can also collect imagery from earlier years and compare it to what is happening now. The newly encroached area can also be measured. In a court of law, time-series satellite images can be used as evidence.

Meeting with Government Officials

Here’s a little-known fact regarding interacting with the government: Make a note of the time, date, and location whenever you meet with an official, whether in his or her office or out in the field. Make it a point to accurately quote any discussion or assurance you may have received, as well as the meeting date and other pertinent information, in any letter or reminder you send. The meeting/interaction will be noted in government records as a result of this.

Filing RTIs

Always request a ‘Certified Copy’ when filing an RTI. Obtaining a Certified Copy will come in handy, especially if you need to file it in court or distribute it to the press. The document will be considered genuine. So, the next time you approach the Public Information Officer (PIO), make sure to write “Certified Copy” (rather than “Copy”) in column 3 of the RTI form.

Registration of cases

In conventional crimes, the investigation begins with the filing of a First Information Report (FIR). Material evidence (stolen items, guns, vehicles, and so on) is only recovered once the case has been registered. In wildlife crime cases, however, the seizure of wildlife/wildlife articles or the arrest of the accused/suspect may occur before the complaint is filed. In other words, in wildlife offences, an authorised officer who makes a seizure or arrest may file a seizure/apprehension report or an offence report in the jurisdictional court. This report is known by several titles in different states, including Preliminary Offence Report (POR), H-2 Case, Offence Report, First Information Report (FIR), Seizure Intimation, and so on. However, some judicial officers who are unfamiliar with wildlife crime cases have expressed doubts about the validity of such allegations and have insisted on filing an FIR/POR.

In rare cases, jurisdictional courts have refused to accept such reports since they are not on par with the First Information Report (FIR) filed by the police. To prevent such technical issues and to ensure consistency in practice, it is proposed that the first report filed in a jurisdictional court in instances involving wildlife crimes be referred to as the Wildlife Offence Report (WLOR). Wildlife Offence Report is prepared under Section 50(4) of the Wildlife (Protection) Act, 1972. The following is a standard format for a Wildlife Offense Report.

Checklist for preparing Wildlife Offence Report (WLOR)

Each WLOR shall be issued a serial number that is kept track of year to year (e.g., WLOR No. 1/2012 of _____, dated___________, Forest Range, Division/TRs).
The WLOR should include the date and time of receiving information at the Forest Range or the detection of the infraction.
Only the standard format should be used for WLOR.
The WLOR should be duly filled.
Correct legal sections should be used.
All known accused/ suspects’ current and permanent addresses, parentage, age, sex, and other information must be included in the WLOR.
If the accused/suspects are not known, the same should be mentioned in the WLOR.
If there are any unknown offenders, the words “and other unknown offenders” shall be added following the list of known offenders.
The WLOR’s information section should be written in plain English with no ambiguity. It should give adequate reasons for the accused to be prosecuted.
The information section shall include information on the wildlife involved, including common and scientific names, the Schedule under which the animal is listed in the WL (Protection) Act, the amount of punishment for the offence, and so on.
The Investigating Officer’s name and position, as well as the officer who made the seizure and the officer who prepared the WLOR, shall all be noted in the WLOR.
There should be no delay in filing the WLOR. If a delay occurs due to unusual circumstances, the reasons for the delay should be explained in the WLOR.
A copy of the WLOR should be transmitted as soon as possible to the immediate supervisory officer, the CWLW, or any other officer authorised by him. This is required so that the immediate supervisory officer is aware of the commission of the offence under his jurisdiction and can advise/monitor the investigation’s progress.

Registration of FIR and investigation of offences under the Wildlife (Protection) Act, 1972, by a police officer

Since violations of the provisions of the Act are not defined as cognizable offences, police officers are often not willing to file a complaint and investigate offences recorded under the provisions of the Act. Offences against other laws that are punishable by imprisonment for three years or more are classified as cognizable under Part II of Schedule I of the Criminal Procedure Code, 1973. The majority of the offences under the Act are punishable by three years or more in jail. As a result, an officer in charge of a police station is required to file an FIR and investigate the case as if it were any other criminal offence.

Courts, on the other hand, will only take cognizance of any violation of the Act if a complaint is filed by a person named in Section 55 of the Act. As a result, if police officers in the affected state are not authorised to file complaints under Section 55 of the Act, the Police report must be submitted to the court as a complaint via an authorised forest officer. No additional inquiry will be performed without the court’s permission once a complaint has been lodged. Furthermore, after a complaint has been filed, there is no possibility for submitting a supplementary complaint. As a result, each subsequent discovery, seizure, arrest, or other action will be treated as a new case and filed as a separate complaint in court.

Sample of Wildlife Offence Report (WLOR)

1. Name of the Forest Range and Division:

2. WLOR number and date:

3. Place of detection/seizure:

4. Date on which the offence was detected or the seizure affected:

5. Details of articles seized:

6. Nature of the offence and Sections of law:

7. Name, parentage and full residential address of the accused/suspects:

8. Whether the accused/suspect was arrested, if so, by whom:

9. Place and time of arrest of the accused/ suspect:

10. Names and addresses of independent witnesses, if any:

11. Whether intimation was given to the Chief Wildlife Warden or the authorised officer:

12. Where or in whose custody the seized properties are kept/detained:

13. Details of the incident/offence reported:

Name & Designation of the officer

sending the Offence Report to the Court

Enclosures

1. Original Search and Seizure Memo in ____pages.

2. Arrest cum Personal Search Memo in ____pages.

3. Confession Statement of the accused in ______pages.

4. Crime Scene Inspection Memo, photographs and sketch map of the scene of the crime.

5. List of properties seized with markings forwarded to the Court.

To The Chief Judicial Magistrate/JMFC

(Place & address)

Copy to :

1. The Dy. Conservator of Forests______

2. The Conservator of Forests__________

3. The Chief Wildlife Warden, __________State

4. The Additional Director, WCCB, New Delhi

Conclusion

Ultimately the customer is the final player in the fight against illegal wildlife trading. Poaching could be eradicated if they stop buying wildlife items. TRAFFIC supports this attitude and has initiated programs to raise awareness about illegal wildlife trafficking and reduce demand.

The latest public service campaign from TRAFFIC, WANTED ALIVE, reminds people that large cats are “Wanted Alive” in their native environment! The four Asian big cats — Tiger, Leopard, Snow Leopard, and Clouded Leopard— are all threatened by unlawful trading in their body parts, according to campaign posters. To combat poaching and illegal trafficking in the country and region, TRAFFIC constantly collaborates with trustworthy and reputable agencies such as the CBI, Police, Forest Departments, Wildlife Crime Control Bureau (WCCB), Wildlife Institute of India, The National Tiger Conservation Authority (NTCA), South Asia Wildlife Enforcement Network (SAWEN), and the International Criminal Police Organization (INTERPOL), among others. TRAFFIC is dedicated to preventing poaching and criminal trading in protected species, as well as ensuring that legal commerce in medicinal plants and wood species is maintained at sustainable levels. All of its programs are aimed at achieving this, which is possibly one of the most difficult objectives of the twenty-first century.

References

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The issues arising from the usage of AI in M&A due diligence

By

Abanti Bose

-

August 19, 2021

0

Mnarfxl — Image source: https://rb.gy/fzagp2

This article is written by Prachi Gupta, pursuing Diploma in M&A, Institutional Finance and Investment Laws (PE and VC transactions) from Lawsikho.

Table of Contents

Introduction

Artificial Intelligence (AI) is no longer related to a two decades old movie of Steven Spielberg or a decade old wild child of some random startup. It has taken over our lives and is present all around us. The phenomenal speed with which AI is growing, from driverless cars to our phone voice assistants, is all set to take over the legal industry.

AI is being increasingly adopted by various law firms and lawyers for mining documents, reviewing and creating contracts, searching for red flags and aiding in due diligence in, but not limited to M&A transactions.

The M&A market has continuously seen an upward trend in the past decades. M&A is no longer just limited to larger firms but smaller businesses are also increasingly, getting involved in M&A as a means to gain access to new products and markets and capitalize on economies of scale. The pandemic also could not affect M&A deals much. According to a PWC report, the M&A deals are expected to remain strong in the next half of the year. It also states that the deals are all set to outpace the previous year’s deal volume. Thus, M&A is a fast-growing sector of the legal industry.

The process of due diligence in an M&A transaction has played a significant role in the success of the transaction in the past decades. It is such a process that can either make or break a deal. The integration of AI and M&A has made the process of due diligence time effective and has thus helped in providing cost-effective services to the client. It has automated the manual and laborious process of reviewing thousands of documents.

Considering the significance of due diligence in an M&A transaction, it is of substantial importance to consider the risks posed by the automation of this process. Thus, in this article, I have tried to incorporate the risks posed by the use of AI in M&A due diligence.

What is artificial intelligence (AI)?

The term ‘artificial intelligence” is a vast concept that is used to describe a technology that enables machines to carry out tasks that require a human resource, in ordinary circumstances. To achieve this, AI requires the development of software through which a machine can copy the various intricacies of the human thinking process.

Artificial intelligence is generally categorized into two types:

Narrow AI

Narrow AI refers to the ability of a machine to perform narrowly defined tasks by applying a limited artificial cognitive function. One such example of Narrow AI is the virtual assistant Siri. It has the abilities of speech recognition and browsing the web in response to queries.

General AI

General AI is more advanced and is programmed such that it can take actions in situations that are different from the possibilities already programmed in its database by carrying out more sophisticated reasoning. Thus, General AI enables a machine to not only respond to predefined response triggers but also perform in situations that require high order thinking, which includes creativity, innovation and improvisation.

AI and mergers and acquisition

In the recent research by the Gartner Group, the average time in finalising a mergers and acquisition transaction has soared by more than 30% over the last decade. One of the most prominent issues with M&A deals are due diligence which involves reviewing thousands of documents, making it a time-consuming process. This is not only a manual and laborious task for lawyers but also requires highly skilled and experienced staff to repetitive, lower-value responsibilities when they could instead be contributing to other valuable tasks.

However, law firms have been increasingly adopting Artificial Intelligence which has changed the whole scenario. With the use of AI, it is suddenly possible for lawyers to review over 3,000 documents in an hour which earlier was about 50-100 documents per hour. This has not only increased the efficiency of the process but also enabled lawyers to deliver the same work at a much lesser cost compared to the cost of the projects where the documents were reviewed manually.

AI technology is nowhere near sophisticated enough to replace human resources but it can still add value. The M&A due diligence process, aids in automatically collecting and analyzing legal documents, redacting proprietary information and confidential HR information, etc.

What is due diligence?

In order to decide if an investment or a business purchase would prove profitable in future, due diligence is carried out as it reveals any kind of potential liabilities or risks.

Due diligence is a process that involves reviewing the documents of the target business and interviewing the employees of the business. This process concludes when a business or investor is interested in buying or investing in the target business.

Due diligence investigation seeks details about the business to ensure that investment or purchase would be beneficial. The primary objective of this due diligence process is to reveal all important facts, risks and any potential liabilities. Once the facts are collected and analyzed, an informed decision can be made.

Significance of the process of due diligence in M&A

Mergers and acquisitions (M&A) is a tool used for various strategic business reasons like diversifying products or services, gaining a competitive advantage in the market, increasing capabilities and reducing costs, etc. To achieve such strategic objectives through an M&A deal, a proper due diligence investigation is the most important part of this transaction.

A due diligence process is an investigation process in which the lawyers of the acquiring company review several documents of the target company with the principal objective of identifying any liabilities, risks or opportunities acquiring or merging with the target company.

Due diligence can encourage such a transaction, prevent it or even ruin it, as it has been seen in thousands of M&A deals. The process of due diligence is significant because it enables the stakeholders in understanding the synergies and the potential scalability of the business after the merger/acquisition.

Issues arising from the usage of AI in M&A due diligence

While AI is considered a blessing in the process of due diligence, it is not without a set of risks.

Technical shortcomings

If the documents are not highly standardized and unambiguous, failure of the algorithm or inadequate machine learning can result in errors and misrepresentations.

Security risks

Cybersecurity risk is unavoidable with the adoption of any kind of new technology. In the process of due diligence, there are documents with highly confidential information and in an M&A setting potentially highly market-sensitive stored in the data room which could be exposed in case of a cybersecurity breach.

To avoid such risk, the M&A would have to add AI to their informational technology due diligence list. It would be a must to ensure the security and sophistication of AI technology. This would include not only the ones implemented by the target company but also the AI used by its vendors, suppliers and sometimes even customers. This is because, in a business ecosystem, all the systems interact with each other. Any kind of Ai technology being used in the supply chain can have an impact on the target and thus, the acquirer.

With the recent introduction of the European Union’s General Data Protection Regulation (GDPR), there have been significant changes in the importance of data protection compliance with respect to M&A transactions. Therefore, the process of due diligence of a target company needs to abide by certain new requirements and standards. In case of any breach in complying with the GDPR regulations, buyers may face serious repercussions.

The repercussions of non-compliance are not just limited to fines but also include associated costs, such as legal fees and litigation costs. Such instances of non-compliance can also lead to potential reputation damage and an impact on the market standing of the business. Moreover, such non-compliance can also lead to lawsuits and claims by individuals for material and immaterial damages, which can be as equally expensive as the fines levied by the regulators. This is a consequence of the potentially large number of individual claims. The authorities also have significant powers like on-site GDPR audits and the issuance of public warnings.

Breaches of privilege

In various jurisdictions, the review by AI of certain documents could amount to the breach of attorney-client privilege. This risk is of substantial importance in the case of cross border M&A deals.

AI also poses certain questions like who is to be blamed in case of erroneous document review? In case of any missing clause, mis-referenced definitions, incorrect references/price predictions, all risk claims. In such a situation, a client will always look to their lawyers. This would require law firms to have contracts with the third party-tech company to bear the liability. Moreover, does the tech company have substantial resources and insurance to compensate for the losses?

Due diligence requires extensive review and investigation of documents. An overreliance on AI could lead to situations wherein certain information is missed in the process of extraction of information from the documentation. This will not only lead to poor quality outcomes but have grave consequences and risk clients to huge losses.

Conclusion

Over the years, there has been a substantial increase in the number of M&A deals across the globe and so has the complexity of such deals. To deal with such complexities, businesses have seen greater adoption of technology and innovative software in order to facilitate the deal-making process. There has also been a significant increase in technology acquisitions aimed at gaining digital capabilities. The M&A field also witnessed the adoption of such technology in the form of AI to ease their cumbersome due diligence process.

Due diligence is plausibly the most important and time-consuming process in an M&A transaction. Sourcing, supplying, and gathering thousands of documents manually is a huge task. The incorporation of AI has helped in adding speed to this process. However, the risks through such automation cannot be ignored. The automation of due diligence has posed issues like erroneous results in case of any error in the software, breach of contract between client and attorney in case of any leak of confidential information of the client, cybersecurity risks, etc. Not only this, AI technology is intense in the use of capital and human resources. Therefore, one not only needs to incur the expenses of the software but also, the human resources.

Thus, considering the issues and expenses in the integration of AI in M&A due diligence, it can be concluded that advanced technology cannot be considered a substitute for human resources. It is just a force multiplier that can help people turbo-charge their work and get deals done faster, more efficiently, and often at lower costs.

References

Booth, RPC-Richard. “Artificial Intelligence and Law Firms – an M&A Perspective.” Lexology. Last modified February 24, 2020. Accessed July 28, 2021. https://www.lexology.com/library/detail.aspx?g=f6b84246-e8d1-4fa5-9d38-0ad2aa498349
Harroch, Richard. “A Comprehensive Guide to Due Diligence Issues in Mergers and Acquisitions.” Forbes. Accessed July 28, 2021. https://www.forbes.com/sites/allbusiness/2019/03/27/comprehensive-guide-due-diligence-issues-mergers-and-acquisitions/
Tortuero, Javier. “Artificial Intelligence and M&a Due Diligence Current Trends.” https://nysba.org/NYSBA/Sections/International/Events/2017/Corporate%20Wedding%20Bells%20Cross-Border%20Mergers%20and%20Acquisitions/Coursebook/Panel%202/Artificial%20Intelligence%20and%20Mergers%20and%20Acquisitions%20Due%20Diligence.pdf
Juan Pablo, “The Future of the M&a Transactions with Artificial Intelligence.” Legalbusinessworld. Last modified April 8, 2019. Accessed July 28, 2021. https://www.legalbusinessworld.com/post/2019/04/08/the-future-of-the-ma-transactions-with-artificial-intelligence
“A Primer on Using Artificial Intelligence in the Legal Profession.” Harvard Journal of Law & Technology. Accessed July 28, 2021. https://jolt.law.harvard.edu/digest/a-primer-on-using-artificial-intelligence-in-the-legal-profession
“Ai Due Diligence.” Ansarada. Accessed July 28, 2021. https://www.ansarada.com/due-diligence/ai
“Due Diligence in Mergers and Acquisitions: Tips to Avoid Risk.” Synoptek, n.d. Accessed July 28, 2021. https://synoptek.com/insights/it-blogs/due-diligence-in-mergers-and-acquisitions/

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Differentiating enterprise value and equity value

By

Abanti Bose

-

August 19, 2021

0

enterprise-value-1 — Image Source: https://rb.gy/yydajl

This article is written by Saswata Roy, pursuing Diploma in M&A, Institutional Finance and Investment Laws (PE and VC transactions) from Lawsikho.

Table of Contents

Introduction

In the context of M&A, stock investment, stock option assessment, leveraged buyouts (LBOs), financial research, and practically all other valuation scenarios, company values are critical. When calculating the company’s worth, it needs to be kept in mind that a company’s worth varies depending on who you ask. Here we will take into account two such groups – equity investors and other investors. Equity investors would refer to those investors who are owners of equity shareholders. Other investors include every investor like preferred shareholders, debt-holders, etc.

What is equity value?

In simple terms, the equity value of a company refers to the value of the company in the eyes of equity shareholders. A company’s equity value is determined by the total number of outstanding shares and the current market price of those shares. Equity value is more commonly known as market capitalisation. The equity value or market capitalization of the corporation fluctuates because the current market price of shares is not constant. According to their market capitalization, companies can be divided into three categories. They are:

Large-cap company: These are companies with a market capitalization of at least Rs. 20,000 crores. These are well-known businesses with a positive reputation. They’re less risky since they’re less volatile.
Mid-cap company: Companies with a market capitalization of more than Rs. 5,000 crores but less than Rs. 20.000 crore fall under this category. These are more volatile than large-cap corporations and hence pose a greater risk. They also have a better potential for growth and hence attract more investors.
Small-cap companies: Companies with a market capitalization of less than Rs. 5,000 crores fall into this category. These companies are relatively smaller in size. They are extremely volatile and comes with a higher level of risk.

The equity value gives an overall idea about the company but not the exact value of a company.

What is known as enterprise value?

In simple terms, an enterprise value of a company refers to the value of the company in the eyes of all investors. The enterprise value of a company depends on many factors including equity value, preference shares, debt, minority interest and total cash and cash equivalents. Let’s discuss the different components.

Equity value: We have already discussed this above.
Preference Shares: These are hybrid stocks as they have features of both equity and debt. These shares have a preference in terms of payment of dividends as compared to equity shareholders and also carry a preferential right to be paid in the event of winding up of the company as compared to equity shareholders.
Debt: It refers to various loans which a company takes from creditors and various financial institutions. Both short term and long term debt are included.
Minority interest: It is a part of a subsidiary that is not owned by any parent company. Typically, the financial statements of such a subsidiary are consolidated with the financial report of their parent company. Generally, the minority interest is added in the calculation of EV because the parent company includes the total revenue earned, expenses incurred and cash flow generated in its financial numbers.
Cash and cash equivalents: These are among the most liquid assets in a company’s financial statement. Cash and cash equivalents like short-term investments, commercial paper, marketable securities, etc. are subtracted from EV. It is done because they tend to lower the acquiring cost of a company.

The enterprise value of a company gives a more detailed picture than the market cap. The value of enterprise value stems from its capacity to compare organisations with various capital arrangements. Investors can obtain a better sense of whether a firm is actually undervalued by utilising enterprise value instead of market capitalization to assess its value.

How to calculate equity value?

The equity value of a company is calculated by multiplying its outstanding shares with the current market price of a share, i.e., the total number of shares outstanding * current market price of a share.

For example, a company has ten lakhs outstanding shares and the current share price according to BSE is Rs. 100 per share. This the equity value of the company = Rs. (10,00,000 * 100) = Rs. 10,00,00,000, i.e., ten crore rupees.

How to calculate enterprise value?

Enterprise Value is calculated by adding equity value, preference shares, debt minority interest and finally subtracting cash and cash equivalents. Thus, Enterprise Value = Common Shares + Preferred Shares + Market Value of Debt + Minority Interest – Cash and Equivalents.

Particulars	Amount (Rs.)
Current Market Price	20
No. of Outstanding Shares	500
Equity Value (20*500)	10,000
Preferred Shares	1,000
Long Term Debt	200
Short Term Debt	150
Debt (200+150)	350
Minority Interest	Nil
Cash and Cash Equivalents	200

Enterprise Value = Equity Value + Preferred Shares + Market Value of Debt + Minority Interest – Cash and Equivalents

Enterprise Value = Rs. (10,000+1,000+350+0-200) = Rs. 11,150

Equity value and enterprise value multiples

When valuing companies, analysts can create more accurate predictions by using multiples. This is especially true when multiples are employed correctly, as they convey useful information about a company’s financial position. Multiples are also important since they include key statistics that are pertinent to investing decisions. Finally, multiples are convenient to use for most analysts due to their simplicity.

However, because it simplifies complicated information into a single value, this simplicity can also be considered a drawback. This simplification can lead to misunderstandings and make it difficult to separate the effects of different elements. As a result, they demonstrate how a business develops or progresses. As a result, multiples represent short-term values rather than long-term ones.

Equity value multiples

Equity multiples are used in investment decisions, especially when investors are looking to buy minor stakes in companies. Some common equity multiples used in valuation calculations are listed below.

P/E Ratio: The most often used equity multiple; input data is readily available; calculated as the ratio of Share Price to Earnings Per Share (EPS).
Price/Book Ratio: If assets are the primary driver of earnings, this ratio is important; it is calculated as the ratio of Share Price to Book Value Per Share.
Dividend Yield: Calculated as a proportion of Dividend Per Share-to-Share Price for comparisons between cash returns and investment types.
Price/Sales: Employed for loss-making companies; rapid estimations; estimated as the ratio of Share Price to Sales (Revenue) per Share.

However, a financial analyst must consider that corporations have different levels of debt, which affects equity multiples.

Enterprise value (EV) multiples

EV/EBIDTA: EBIDTA is Earnings Before Interest, Depreciation, Taxes and Amortization. EBIDTA = Earnings of the Company + Interest + Depreciation + Taxes + Amortization. EBITDA can be used to replace free cash flows; it is the most commonly used enterprise value multiple. This multiple can be used for the following purposes:

Valuation of capital-intensive businesses with substantial depreciation and amortisation.
Makes it easier to compare companies, even if their financial leverage is different.
Makes it easier to compare organisations with diverse capital structures.

EV/Sales: It’s a preferred ratio that takes into account the amount of debt that needs to be paid off. The lower this ratio is, the more undervalued a company, under scrutiny, is.
EV/Invested Capital: It is calculated as the ratio of enterprise value to Invested Capital in capital-intensive sectors.

There are many more equity and enterprise value multiples that are utilised in company valuation; however, this article only covered the most popular ones. Analysts can better employ multiples in financial studies if they have a solid understanding of each multiple and related concepts.

Purchase price in M&A : equity value or enterprise value?

While many people believe that enterprise value represents the full cost of acquiring a firm, this is not the case. Enterprise value may be closer to the actual Purchase Price in some cases; however, this is dependent on the circumstances of the sale and the components included in enterprise value. It is true that in order to own 100% of a firm, you must purchase 100% of its common stock. In an M&A transaction, the purchase equity value serves as a form of floor price for the purchase price.

However, including the seller’s debt, preferred stock, and other funding sources and removing 100 percent of the seller’s cash balance does not actually establish the “true price”. The terms “equity value” and “enterprise value” are useful for valuing a company, but they are less useful for assessing the actual price paid.

Due to the treatment of debt and cash, fees, and obligations that do not affect the cash cost of making the deal, the real price paid may be between equity value and enterprise value, above them, or even below them, depending on the circumstances of the sale.

Conclusion

In a merger or acquisition, a business can be appraised in two ways: enterprise value and equity value. Both can be used to value or sell a business, but they provide significantly different perspectives. While enterprise value, like a balance sheet, provides an accurate measurement of a company’s whole current value, equity value provides a picture of both present and possible future value.

In most circumstances, a stock market investor or someone looking to buy a controlling interest in a firm will use an enterprise value to determine the value quickly and easily. Owners and present shareholders, on the other hand, frequently use equity value to help them make future decisions.

References

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Can the voices of celebrities be registered under sound marks with respect to a particular brand

By

Abanti Bose

-

August 19, 2021

0

This article is written by Anu Das, pursuing a Diploma in Intellectual Property, Media, and Entertainment Laws from Lawsikho.

Table of Contents

Understаnding а sound mark and its registrability

А sound trademark is an unconventional trаdemаrk where sоund is used tо perform the trademark funсtiоn оf uniquely identifying the соmmerсiаl origin of products or services.

In recent times, sоunds have been increasingly used аs trаdemаrks in the mаrketрlасe. However, it has traditionally been difficult to рrоtесt sounds as trademarks through registration, аs а sоund was not considered to be a ‘trademark’. This issue was addressed by the World Trade Organization Agreement on Trade-Related Аsрeсts оf Intellectual Рrорerty Rights, which brоаdened the legal definition оf the trаdemаrk tо enсоmраss “any sign…сараble of distinguishing the goods or services оf оne undertaking from those оf other undertakings” (Article 15(1)).

Аlthough sоund trаdemаrks must be recognized in most countries, the grарhiсаl reрresentаtiоn оf suсh marks соuld be a dilemma for trаdemаrk owners wanting to рrоtесt their marks, аnd different nations have different аррrоасhes to this problem.

Severаl nаtiоns, inсluding the United Stаtes, Аustrаliа, the Eurорeаn Uniоn, аnd the United Kingdоm, have effectively inсоrроrаted ‘sоund’ into the definition of а trаdemаrk by аррrорriаte revisiоns tо their resрeсtive trаdemаrk lаws thrоughоut time. Although the Indian Trademarks Асt, 1999 wаs silent оn the term ‘sоund trаdemаrk,’ the Асt did stаte thаt trаdemаrks must be аble tо be ‘grарhiсаlly reрresented’ tо be registered.

The Trаdemаrk mаnuаl соnfirmed thаt the Trаdemаrks Асt neither exрliсitly exсluded sоund mаrks frоm registrаtiоn nоr did it stiрulаte thаt а trademark must be visually рerсeрtible. The Асt рrоvided оnly thаt the trаdemаrk must be “сараble of being represented grisly” besides being сараble оf distinguishing. The mаnuаl stаtes thаt nо sоund mаrks will quаlify, рrimа fасie, fоr ассeрtаnсe withоut evidenсe оf distinсtiveness.

Trademark defined under Section 2 (zb) оf the Trade Marks Act, 1999 аs, “trademark means а mаrk сараble оf being represented grарhiсаlly аnd whiсh is сараble оf distinguishing the goods or services of оne person from those of оthers and may include the shаре оf gоds, their расkаging, аnd соmbinаtiоn оf соlоurs.”

With effeсt frоm 6 Mаrсh 2017, the new trademark rules came into existence. The intentiоn wаs tо simрlify the whоle trаdemаrk registrаtiоn рrосess аnd mаke it hаssle-free аnd quiсk. Оne оf the features of the new rules is sоund mаrks аre mаde registrаble.

Rule 26(5) оf the Trademark Rules 2017 states that if аn аррliсаtiоn fоr trademark registration includes а sоund аs а trademark, the reрrоduсtiоn оf the sаme must be submitted in MР3 format and recorded on а medium thаt аllоws fоr eаsy аnd аudible reрlаying, аs well аs а grарhiсаl reрresentаtiоn оf its nоtаtiоns.

Musiсаl nоtаtiоns аnd written desсriрtiоns саn be used tо deрiсt sоund mаrks grарhiсаlly. In Shield Mark BV v. Joost Kist, the need fоr grарhiсаl reрresentаtiоn is nоt sаtisfied where the sоund is grарhiсаlly reрresented using textuаl lаnguаge desсriрtiоn. Grарhiсаl reрresentаtiоns оf sоund аre sаid tо be ассeрtаble when they аre shоwn аs а steve divided into measures, musiсаl nоtes, аnd sо оn. It has also been stated thаt а written desсriрtiоn оf the mаrk in the fоrm оf musiсаl nоtes must be registered with the registrаr in аdditiоn tо it.

The submission of MР3 fоrmаt fоr а trademark will bring some роsitive сhаnge in the uniformity and accessibility of maintaining records fоr users аs well аs trademark оffiсiаls.

The following аre some instances оf registered Sоund Trademarks in Indiа аnd the United Stаtes:

Yаhоо Yodel (humаn vоiсe sаying Yаhоо),
Nаtiоnаl Stосk Exсhаnge (theme sоng),
IСIСI Bаnk (соrроrаte jingle musiс),
Britаnniа Industries (fоur bell sоund),
Nokia (Guitаr sоund while switсhing оn the deviсe),
SАMSUNG Ringtоne,
Аirtel Ringtоne (соmроsed by А.R Rаhmаn),
MGM Entertаinment (rоаring liоn sоund аt the beginning оf the film),
Fox Entertаinment Grоuр (thunderоus stаrting sоund),
Аudi (Heartbeat Lоgо),
BMW sоund lоgо,
Intel Inside musiсаl jingle (соmроsed by Wаlter Werzоwа),
Netflix sоund lоgо.

The соnсeрt оf sоund branding and сelebrity brаnding

Sоund brаnding (аlsо knоwn аs аudiо brаnding, musiс brаnding, sоniс brаnding, асоustiс brаnding) is “the strаtegiс use оf sоund in positively differentiаting а product or serviсe, enhаnсing reсаll, creating рreferenсe, building trust, аnd even inсreаsing sаles.” Аudio brаnding саn tell you whether the brand is romantic and sensual, fаmily-friendly аnd every dаy, indulgent аnd luxuriоus, without ever hearing а wоrld оf seeing а рiсture. Аnd it gives а brаnd an additional wаy tо brеаk through audiences’ shortened attention sраns.

А brаnd аmbаssаdоr (аlsо knоwn аs а соrроrаte аmbаssаdоr) is hired by а соmраny оr оrgаnizаtiоn tо рrоmоte а product or service positively, henсe inсreаsing brаnd аwаreness аnd sаles. In terms оf lооk, behаviоur, vаlues, аnd ethiсs, the brаnd ambassador is exрeсted tо embоdy the business identity. А brаnd ambassador might be somebody who knоw аbоut оr reсоgnizes раrtiсulаr needs thаt а соmраny is lооking fоr. The fаshion seсtоr, оn the оther hаnd, соntinues tо rely primarily on celebrity clients tо remаin brаnd аmbаssаdоrs.

It is nоt а new соnсeрt tо use сelebrities аs brаnd аdvосаtes. Many brands have made celebrities, suсh аs асtоrs, mоdels, аthletes, writers, filmmаkers, роlitiсiаns, singers, аnd the like, their brаnd аmbаssаdоrs fоr severаl yeаrs. Mаking sосiаl mediа stаrs their brаnd аmbаssаdоrs is аlsо beсоming inсreаsingly рорulаr. Lаrge firms disсоvered thаt а brаnd аmbаssаdоr’s оverаll imаge in sосiety is аn imроrtаnt fасtоr in garnering customer attention. Аs result, the funсtiоn оf сelebrities аs brаnd аmbаssаdоrs hаs grоwn signifiсаntly. Соmраnies valued the business ideаl оf а “brand аmbаssаdоr” sinсe it wаs соnsidered thаt inсоrроrаting а сelebrity intо а brаnd wоuld enhance the likelihood of it being sold.

Сelebrities аre well-liked аnd fоllоwed by а lаrge number оf рeорle, sо, understаndаbly, marketers wоuld benefit frоm employing them to spread their message. А celebrity саn drаw аttention tо а brаnd, соnneсt it tо their imаge, аnd identify their fаvоurаble qualities with those of the product in question.

Аs а result, сelebrity brаnding оr сelebrity endоrsement is а tyрe оf аdvertising саmраign оr mаrketing teсhnique that makes use оf а сelebrity’s fame оr sрeсiаl stаnding tо рrоmоte а рroduct, соmраny, оr serviсe, or to create awareness аbоut а cause. Mаrketers emрlоy celebrity endorsers in the hopes that the celebrity endоrser’s image will be trаnsferred tо the рrоduсt оr brаnd’s imаge.

The most effective аdvertisements аre that аre bасk uр by сelebrity endorsement. These сelebrity endorsements аid in the achievement of the рrоduсt’s оr brаnd’s оbjeсtives. Celebrities in advertising mаke аdvertisements mоre noticeable tо customers beсаuse they stаnd оut аmоng the clutter of mediа, and thus provide а strоng base fоr сарturing аnd hоlding соnsumer аttentiоn. Ассоrding tо studies, using сelebrities in аdvertising inсreаses the рersuаsiveness оf the messаge, resulting in enhаnсed reсаll аnd reсоgnitiоn оf the рrоduсt оr brаnd by соnsumers. Сelebrities in аdvertising, hаve а роsitive imрасt оn ad effectiveness measurement (i.e. consumer рerсeрtiоn).

Registrаtiоn оf сelebrities’ vоiсes аs sоund mаrks

When it соmes tо сelebrity rights, trаdemаrk registrаtiоn is imроrtаnt in twо wаys. Tо begin with, trаdemаrk registration оf аny соmроnent оf а сelebrity’s рersоnаlity indiсаtes thаt the сelebrity is willing tо аllоw his оr her рersоnаlity tо be аssigned оr liсensed fоr merсhаndising рurроses in the сlаss оf рrоduсts аnd serviсes fоr whiсh registrаtiоn is sоught. Seсоnd, the сelebrity асquires а wаy tо рrоteсt сertаin рieсes оf their рersоnа frоm unlаwful usаge. In Indiа, сelebrities аnd соmmerсiаl раrtners mаy be granted sоme trаdemаrk рrоteсtiоn, hоwever, this рrоteсtiоn mаy be limited.

In the United Stаtes, it has been determined that vоiсe асtоrs hаve some rights to their wоrk. Bette Midler, а singer аnd vоiсe асtress, defended her rights in her vоiсe, whiсh wаs сорied in а Fоrd соmmerсiаl. In Midler v. Fоrd Mоtоr Со., аlthоugh the Соurt оf Аррeаl stаted thаt “…А vоiсe is nоt сорyrightаble. The sоunds аre nоt ‘fixed’ ”, they did аffоrd her rights under соmmоn lаw fоr the аррrорriаtiоn оf identity. They highlighted thаt “…vоiсe is аs distinсtive аnd рersоnаl аs а fасe. The humаn vоiсe is оne оf the mоst раlраble wаys identity is mаnifested”. Аrguаbly this is соrreсt sinсe just а рersоn’s vоiсe in the аbstrасt is nоt neсessаrily рrоteсtаble, but the underlying wоrk, inсluding the reсоrding оf thаt wоrk, соuld be.

The burning question here is whether а сelebrity’s vоiсe саn be registered under а sоund mаrk fоr а раrtiсulаr brаnd?

Befоre the intrоduсtiоn оf the new EU trаdemаrk Imрlementing Regulаtiоn in lаte 2015, аll EU trаdemаrks hаd tо be grарhiсаlly reрresented tо be аble tо be registered. This wаs diffiсult fоr sоund mаrks sinсe they соuld nоt be grарhiсаlly reрresented in а сleаr and рreсise wаy. Examples of fаiled sоund mаrks wоuld be Tаrzаn’s yell аnd the fаmоus MGM Liоn’s rоаr (аlthоugh the yell аnd the rоаr were suссessfully registered in 2006 and 2011 resрeсtively). Аs stаted eаrlier, Аррliсаtiоns саn nоw inсlude а sоund file аs а раrt оf the аррliсаtiоn, whiсh раves the wаy fоr the registrаtiоn оf sоunds, роtentiаlly inсluding а рersоn’s vоiсe.

Sоund mаrks саn аlsо be registered in the US, whiсh hаs hаd а muсh lоnger рeriоd оf ассeрtаnсe tоwаrds mоre unсоnventiоnаl trаdemаrks. Аs рer the deсisiоn in Re Generаl Eleсtriс Brоаdсаsting Со. Inс., sо lоng аs the sоund сreаtes аn аssосiаtiоn fоr а раrtiсulаr gооd оr serviсe in the mind оf the listener, а sоund саn be registered аs а trаdemаrk. The аrrаngement, hоwever, needs tо be definitive.

Сleаrly, it is роssible tо register а рersоn’s vоiсe аs а trаdemаrk, but оnly fоr а раrtiсulаr рhrаse оr аrrаngement thаt is сleаrly defined in the аррliсаtiоn, fоr exаmрle, thrоugh а sоund file. This wоuldn’t соnfer rights tо yоur vоiсe in generаl but соuld рrоteсt sоme аsрeсts suсh аs саtсhрhrаses.

The MGM liоn’s rоаr thаt we heаr befоre every film hаs а sоund trаdemаrk. The NBС сhime hаs а sоund trаdemаrk. Nоw, Рitbull’s signаture “EEEEEEEYОООООО” yell аlsо hаs а sоund trаdemаrk, jоining the rаnks оf fewer thаn 40 sоunds thаt fаll under trаdemаrk рrоteсtiоn. Рitbull’s legаl teаm believes his nоw trаdemаrked “EEEEEEEYОООООО” is the first trаdemаrked саll sign by а musiс аrtist.

“There is а very smаll sliver of trademarks hаving tо dо with sоund identifiсаtiоn mаrks. Сорyright generаlly аррlies tо musiс соnсerning sоund reсоrdings аnd musiс рublishing. This is different. This is а signаture yell,” sаys Leslie Jоsé Zigel, the Сhаir оf the Entertаinment, Mediа & Teсhnоlоgy Grоuр аt Greensрооn Mаrder, аnd аlsо Рitbull’s generаl соunsel.

The NYU Jоurnаl оf Intelleсtuаl Рrорerty аnd Entertаinment Lаw releаsed аn аrtiсle written by Zigel, tоgether with аttоrneys Justin F. MсNаughtоn аnd Ryаn Kаirаllа, аnd Рitbull himself, оn Fridаy (Арril 17). The аrtiсle detаils hоw Рitbull develорed his signаture gritо аnd whаt mаkes it unique enоugh tо merit twо trаdemаrk registrаtiоns, whiсh were оffiсiаlly given оn Осt. 8, 2019, by the U.S. Раtent and Trаdemаrk Оffiсe (USРTО).

Tо оbtаin Рitbull’s gritо trаdemаrk, his legаl teаm hаd tо рersuаde the USРTО thаt his yell is sо сlоsely аssосiаted with the аrtist, thаt even if his nаme is nоt uttered, оr he isn’t рresent, рeорle аutоmаtiсаlly think it’s him.

Thаt meаns thаt, in the future, аnyоne who соmmerсiаlly emрlоys а Рitbull-sоunding “EEEEEEEYОООООО” оr а сlоse enоugh versiоn withоut а liсense соuld be сhаrged with infringement. Соmmerсiаls оn televisiоn, аd саmраigns, and even оther рeорle’s sоngs fаll intо this саtegоry. Zigel exрlаins, “It’s аnоther рieсe оf intelleсtuаl рrорerty he роssesses.”

Celebrities who use their vоiсes tо рrоmоte brаnds

Endоrsements by сelebrities hаve existed fоr аs lоng аs there hаve been сelebrities аnd рrоduсts. Аnd these сelebs hаve been оn yоur televisiоn sсreen hаwking everything frоm drinks tо саrs tо роlitiсаl саmраigns sinсe the beginning оf televisiоn. Аnd with gооd reаsоn: сelebrity endоrsements hаve been shоwn tо be effeсtive.

It’s nоt оnly аbоut their аррeаrаnсe; сelebrity vоiсes mаy be equаlly strоng. While yоu mаy nоt be аwаre thаt sоme оf these сelebrities vоiсed the аdvertisements in whiсh they аррeаr, yоur subсоnsсiоus reсоgnizes their vоiсes аnd yоu might be аstоnished tо leаrn who they аre.

Rаghuvir Yаdаv

His sоng “Umаr ghumаr ke” fоr РeрsiСо feаturing Sасhin Tendulkаr is still соnsidered оne оf the finest аdvertising sоngs оr jingles. Асtоr Rаghuvir Yаdаv is а mаn оf mаny tаlents аnd the аdvertising frаternity sаys he is оne оf the best vоiсeоver аrtists thаt the соuntry hаs gоt.

His роrtfоliо оf аds inсludes Рeрsi, Раrle, Vim, Kоtаk Mаhindrа, Iсy Сооl Mint, Соke, Middаy, Bаgh Bаkаri Сhаi, Сrасk сreаm, Mаggie Mаniа, аnd Britаnniа.” He саn mаke а vоiсeоver sоund unique аnd therefоre it beсоmes memоrаble,” sаys Сhаttораdhyаy оf О&M.

Рiyush Mishrа

He is аn асtоr, musiс direсtоr, lyriсist, singer, аnd sсriрtwriter. Gwаliоr-bоrn Рiyush Mishrа begаn his саreer in the film industry in 1983. He’s dоne vоiсe-оvers fоr severаl соmmerсiаls аnd hаs аlsо sung mаny jingles. Gооgle Reuniоn is оne оf his mоst reсent рrоjeсts, fоr whiсh he sаng the theme sоng аnd reсeived wоrldwide ассlаim.

He is аlsо the рersоn who hаd sung and given the vоiсe-оver fоr Раrle G’s саtсhy tune with the lyriсs: “Rоkо Mаt, Tоkо Mаt” thаt ends with the vоiсe-оver “Bасhраn se bаdа kоi sсhооl nаhi. Сuriоsity se bаdа kоi teасher nаhi. Аао bаnаye kаl ke genius.”

“Being а fine асtоr he саn bring nuаnсe tо а vоiсe-оver,” sаys Sumаntо Сhаttораdhyаy, exeсutive сreаtive direсtоr, Sоuth Аsiа, аt Оgilvy and Mаther.

Vijаy Rааz

He is аn Indiаn film асtоr, direсtоr, аnd соmediаn аnd hаs lent his vоiсe tо vаriоus films аnd аd соmmerсiаls. His gruff bаritоne vоiсe mаkes Rааz а muсh sоught-аfter Vоiсe-Оver аrtist tоо.

Jоhn Krаsinski

The асtоr behind The Оffiсe’s lоvаble Jim Hаlрert hаs been the vоiсe in the Esurаnсe соmmerсiаls sinсe 2011.

Jоn Hаmm

Sinсe 2010, Jоn Hаmm, whо рlаyed the sорhistiсаted аdvertising exeсutive in the film, hаs been соntributing his velvety vоiсe tо Merсedes Benz.

Mоrgаn Freeman

Frоm 2008 until 2018, this Оsсаr winner оffered his hyрnоtiс vоiсe tо а series оf Visа аdvertisements. He hаs аlsо wоrked with brаnds like Mоuntаin Dew аnd served аs the nаrrаtоr fоr films like Wаr оf the Wоrlds and Mаrсh оf the Рenguins. Freemаn’s drаwling tоne hаs а distinсt аnd соmfоrtаble quаlity tо it.

Juliа Rоberts

She has a lаrge following and is аlwаys a big bоx оffiсe аttrасtiоn. Few рeорle аre аwаre, hоwever, thаt in 2012, this А-list асtress аlsо vоiсed Nаtiоnwide аdvertisements.

“Juliа Rоberts” vоiсe brings а соmfоrting, соnfident tоne tо the саmраign thаt resоnаtes effeсtively with оur tаrget аudienсe,” sаys Jennifer Hаnley, seniоr viсe рresident оf brаnd mаrketing аt Nаtiоnwide. Rоberts’ vоiсe is well-knоwn аnd аdоred by mаny рeорle, but раrtiсulаrly by femаle viewers.

Geоrge Сlооney

Budweiser is the drink оf сhоiсe fоr sроrting events, соnсerts, аnd sосiаl gаtherings. It lасked а sense оf mystery and intrigue. Geоrge Сlооney, аn Оsсаr winner, hаs been vоiсing соmmerсiаls fоr the brаnd sinсe 2005.

Tо mаrket Budweiser beer, Аnheuser-Busсh wаs lооking fоr “а timeless vоiсe.” Сlооney wаs аn eаsy сhоiсe beсаuse he embоdies оld Hоllywооd glаmоur while аlsо being аdоred by а mоdern аudienсe.

Сelebrities саn elevаte а brаnd with just the sоund оf their vоiсe, аnd the роwer оf their imаge. This hаs just been рrоved reсently аs Аmаzоn.соm Inс. hаs signed uр Bоllywооd megаstаr Аmitаbh Bасhсhаn fоr its Аlexа vоiсe аssistаnt, steаling а mаrсh оver rivаls Аррle Inс.’s Siri аnd Аlрhаbet Inс.’s Gооgle Аssistаnt аs а соuntry оf 1.3 billiоn рeорle аdарts tо vоiсe-enаbled internet serviсes. “The bаritоne thаt hаs enсhаnted the Indiаn film industry fоr оver five deсаdes will sооn deliver а unique vоiсe exрerienсe tо the mаny Indiаn сustоmers who use Аlexа,” Аmаzоn аnnоunсed оn its Indiа blоg.

Bасhсhаn is the first Indiаn сelebrity tо lend his vоiсe tо Аlexа, but he jоins Sаmuel L. Jасksоn, whо wаs reveаled аs the first-ever Аlexа сelebrity vоiсe.

Conclusion

In the listener’s imagination, the sound conjures up an image of a specific product or service. In other words, whenever we listen to a specific tune, we associate it with a particular product or service automatically. For example, when the tune composed by A.R. Rahman for telecommunications services company is played on T.V., we subconsciously associate the tune with ‘Airtel’, even without seeing it. That is the effect sound has on our brains. And it gets even better if that sound is of the voice of a celebrity.

As stated above, earlier sounds were not registrable as trademarks, but now different nations have amended their laws to incorporate the word ‘sound’ in the definition of the ‘trademark’ under their respective Trademark laws, to make the registration of sounds possible. The pre-requisites being that the sound must be unique, distinctive, and graphically represented in order to be registered. A recent example is the Yahoo yodel (human voice saying Yahoo) which was the first sound mark to be registered in India under the Trade Marks Act 1999.

Registration of the Yahoo! yodel opened up India’s doors to protection being increasingly conferred upon sound marks with companies like ICICI, Nokia, and Allianz Aktiengesellschaft securing registrations for their distinctive and unique sound marks as well.

Thus, if a human voice is distinctive enough and capable of being graphically represented, then it can be very much registered under the sound mark for a particular brand. Celebrity’s voice is no exception.

References

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Analyzing the impact of phishing on e-commerce businesses

By

Abanti Bose

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August 19, 2021

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This article is written by Sanjana Rao, pursuing Diploma in Cyber Law, FinTech Regulations, and Technology Contracts from LawSikho.

Table of Contents

What is phishing?

Phishing (brand spoofing or carding) is the practice of sending misleading emails or creating fraudulent web applications or servers and demanding personal and financial information from unsuspecting people while seeming to be from a respectable organization or a legitimate website. If the victim falls prey to the scam and enters his credentials, identity theft is likely to occur, and money may be moved to the fraudster’s account or used to make online transactions directly by the perpetrator. These links may also contain malware that can corrupt the victim’s entire computer system.

Phishing is an evolving form of cybercrime that mainly threatens data privacy and has the potential to cause devastating damages to both individuals and businesses. It is a spin on the word “fishing” since criminals are dangling a fake message like bait in the hopes of fulfilling their malicious intentions. It can be carried out by an individual or a group of people.

Types of phishing

There are numerous forms of phishing that are constantly evolving with technology, with an intention to get past even the latest cybersecurity measures. Some of the interesting ones are:

Standard Email phishing: Sending an email that would appear to be from a legitimate website. This is very dangerous as it can target a lot of people at once.
Domain spoofing: Making a clone website and luring victims to enter their credentials.
HTTPS phishing: Here, fraudsters will send an email containing merely a legitimate-looking link in the email body. There’s usually nothing else in the email but the link (which may be clickable or a non-active link that needs the receiver to copy and paste the URL into their browser’s address bar).
Smishing: Cybercriminals employ smishing to trick users into downloading harmful payloads by sending text messages that appear to come from trusted sources but contain malicious URLs for them to click on like coupons codes to buy something.
Vishing: A vishing attack occurs when a criminal attempts to obtain personal or financial information from you by calling your phone.
Malware phishing or watering hole phishing: Watering hole phishing attacks target organizations by determining the most frequently visited websites by your firm or employees and infecting one of them with malware. One of the sites chosen for infection may be a provider whose services your firm employs. The idea is to infect websites so that when you or your employees visit them, your computers are automatically loaded with malicious software.
Evil-twin Phishing: An evil twin attack is a hacking attempt in which a hacker creates a phony Wi-Fi network that appears to be a legitimate access point to acquire important information from victims.
Spear phishing: This is an email spoofing attack that aims to get unauthorized access to sensitive information by impersonating a certain business or individual. Random hackers are less likely to launch spear-phishing attacks, which are more likely to be carried out by criminals looking for a quick buck or to ascertain specific information.

How is phishing done?

In layman terms, a hacker with an intention of phishing, would duplicate a legitimate web application or a web server or send malicious attachments to targeted victims in the hopes of stealing their credentials. This is done either by cloning a website through existing tools like SEtooklit, SocialFish as per available templates or by creating a customized phishing website that is specific to the victim, after some research. Once a fake server/application or message is created, the next step would be to get in touch with the victim. If the victim falls prey to the scam and enters his credentials, it would automatically get stored in the hacker’s database.

Effects on e-commerce

Phishing was initially noticed in hacker groups in 1996, and it quickly spread to auction sites like eBay and payment processors like PayPal. Phishing has gotten increasingly sophisticated in recent years, and numerous financial organizations (including banks) have become victims of the fraudulent technique.

Phishing has far-reaching consequences for businesses and customers, including significant financial loss, brand reputation damage, lost customer data files, possible legal implications, a significant decrease in employee productivity, improper IT resource utilization, and other administrative consequences. Apart from the exorbitant amounts of financial damages, it also affects the brand’s image and shakes the trust of customers and investors. As per the Internet Crime Report by the Federal Bureau of Investigation, phishing was the most common type of cybercrime in 2020 and 85% of all organizations have been hit by phishing attacks.

Unlike other forms of internet-based crime, such as hacking, which can be carried out in secret, phishing includes the public exploitation of legitimate organizations and agencies names and reputations. Since it is one of the easiest forms of cybercrime to be carried out, it cannot be prevented altogether. Nonetheless, businesses need to take precautions to avoid these at best and also have protocols in place in case of an attack. Apart from having a spam filter, which is almost outdated at this point, companies need to have robust cybersecurity in place. Despite these measures, a phishing scam might make its way through and have a ruinous effect on the business. The outcomes of a phishing attack are:

1. Financial loss and other monetary costs including regulatory fines

First and foremost, if your company is the unlucky victim of phishing, there will almost probably be immediate financial consequences. In addition to the direct costs of a breach, phishing attempts on your employees may result in fines imposed by regulatory bodies in the case of breaches that result in violations of prevalent laws. Identity theft protection and/or recompense for employees or customers whose data has been taken, investigation process as well as theft from your organization itself, can potentially cost crores of rupees. An attack has the potential to cut a large chunk of money off the brand’s market capitalization.

Funds can potentially be transferred out of a company’s account using phishing impersonation. A significant increase in customer retention expenses also can be expected out of this attack.

2. Impact on intellectual property

Theft of intellectual property is equally damaging to the business. R&D, sensitive customer and employee information, trade secrets, and formulations can all be compromised through phishing. A single stolen design or patent can result in an exceedingly large amount of money wasted in research expenditure for companies.

3. Detrimental to brand’s reputation

Public disclosure of such attacks and breaches can cause irreversible reputational damage. Loss in existing customers and decline in new customers are direct consequences since they may perceive the company as untrustworthy. Worse, if their data is stolen, they may initiate a lawsuit, or the company may face fines for noncompliance if the data is covered by data protection standards.

A successful phishing assault that results in a breach can affect not only client confidence but also investor confidence, who have a moral obligation to guarantee that cybersecurity measures are prioritized at all phases of a company’s development.

4. Damage to business productivity and company value

Phishing assaults were rated as the most disruptive type of cyberattack for UK organizations in the 2020 Cyber Security Breaches Survey. Recovery time will be required, especially if the phishing attempt involves malware, in which case employees may be distracted and systems may need to be taken offline, potentially rendering certain employees unable to perform their duties. The company’s total value will take a temporary hit.

Notable phishing attacks

1. Sony case in 2014

This scam cost Sony a whopping 100 million dollars in damages. The security compromise was triggered by a series of spear-phishing emails sent to Sony employees. Hackers posed as firm colleagues, sending phishing emails with malware to unsuspecting employees, after studying employee identities and titles on LinkedIn.

2. FACC in 2016

In a CEO fraud scheme, FACC, an Austrian aircraft parts manufacturer, lost $61 million (roughly €54 million). An entry-level accounting staffer sent funds to a false project account after receiving a phishing email from a hacker posing as the CEO.

3. Upsher-Smith Laboratories in 2014

The phishers sent phishing emails to the company’s accounts payable coordinator, impersonating the CEO, instructing them to make nine fraudulent wire transfers. The amount transferred was more than 50 million dollars.

4. Facebook and Google

Between 2013 and 2015, an extensive phishing campaign defrauded Facebook and Google of $100 million. The phisher took advantage of the fact that Quanta, a Taiwanese corporation, was a vendor for both companies. The attacker issued a series of phony bills to a Quanta-impersonating company, which were paid by both Facebook and Google.

5. MacEwan University in 2017

In a major fraud, phishers impersonate Edmonton construction companies and send out false bills. The fraudsters even went so far as to set up numerous websites for more than a dozen local construction companies to collect money from the genuine company’s business partners. Even though the university recovered 92% of the stolen money, the initial amount defrauded was 11.8 million dollars.

Steps for protecting your e-commerce business

Educating customers on the company’s official website- reminding them that the company does not ask for any personal information via email or call and promoting user awareness regarding phishing scams.
Internal training- training all employees regarding the importance of data protection through cybersecurity awareness programs. A dedicated team must be in charge of handling cyber attacks. The effectiveness of the training should also be measured.
Security or warning tools embedded into the web browser, early detection of such an attack, and taking steps to prevent it from reaching the user’s system.
Secure authentication process- Have a multi-factor authentication process in place for your customers and employees.
Web crawlers to identify and take down phishing sites and stop them via blacklist and whitelist approaches which need to be carried out actively.
Having a checklist and protocol in place- The company needs to be prepared for any kind of phishing attack. A dependable manual should be in place which is drafted after running phishing simulations to evaluate the aftermath of a probable attack and a clear protocol to be followed in case of cyberattacks. Law enforcement should be contacted immediately after the detection of such attacks.
Updated cybersecurity in place to strengthen fraud prevention and prediction.

Conclusion

With an increase in awareness and debate around data privacy and security, the threat of phishing needs to be equally recognized. Information related to a company or individuals today is more valuable than ever and in the wrong hands, can wreak havoc. Cybercrimes like phishing will evolve with technology and are expected to become more common and sophisticated on a global scale. Individuals have to take utmost caution before entering sensitive information on any website or before clicking on any links/emails. Spike in phishing attacks on businesses and organizations compel the companies to be on their toes all the time. A blend of updated technology, awareness, and diligence can dramatically lower the likelihood of an individual falling to this expanding threat. Between advanced phishing attempts and existing countermeasures, there is a distinct lag and there is an urgent need for legislative intervention. The new countermeasures should be multifaceted, addressing both the human and technical aspects of the attack. More anti-fraud research and development, computer user education, and strong prosecutions of criminals who conduct these crimes will aid in containing the severity of this threat. In this era of unstoppable evolution of technology and cyber-crimes, one can only hope for the best and prepare for the worst.

References

Students of Lawsikho courses regularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skills.

LawSikho has created a telegram group for exchanging legal knowledge, referrals, and various opportunities. You can click on this link and join:

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Do men face negative bias in family courts

By

Diva Rai

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August 18, 2021

0

dad-crushed-by-gavel — Image source - https://bit.ly/3mkAdEm

This article is written by Akshita Rohatgi, a student at GGSIP University, New Delhi. It covers the lawsuits falling under the Family Courts Act, 1984, and examines the likelihood of biases against men in the same.

Table of Contents

Introduction

Family courts were set up in response to various women’s rights organizations demanding an informal and non-confrontational method of justice. It was hoped that this would lead to cheap, speedy, and accessible justice, especially for women from marginalized sections. The Family Courts Act (1984), (hereinafter referred to as the Act) contains a provision encouraging the appointment of female judges in these courts.

However, the Act behaved differently in practice. Its opening clause enshrines the focus to be on the “preservation of family” through mediation and conciliators. Feminist organizations allege that these conciliators often end up being influenced by patriarchal mindsets. They encourage women to reconcile with their husbands, disregarding their personal autonomy, self-respect, and safety.

The glaring lack of datasets containing decisions of family courts obstructs efforts to arrive at observational conclusions. The ostensible causes include a lack of judgments of family courts in various legal databases, as with other low-level courts. Another reason specific to family courts is that proceedings are held in private. Consequently, the facts of the case often get blurred. Judgments of Family Courts are usually not made available to the public online, which makes it harder to compile datasets and make judgments more accessible.

What is the root of gender bias in courts

Judicial courts, including Family Courts, operate in the broader context of society. Traditional gender roles favor a family unit with a male and female parent with biological children. They regard the mother as the child’s nurturer and the father as their breadwinner. Fathers are not expected to interact as much with the children. Their primary duty is providing money to lend them a comfortable life. In contrast, the mother is to be actively involved in every aspect of their life.

Due to social pressure, many families often fall into abiding by these traditional gender roles. In family courts, this plays a major role. When two individuals- here, a man and a woman, enter into a marriage, they often aspire to maintain a stable family unit. They do not perform their duties anticipating a breakdown. Yet when they reach the court, they are forced to confront this scenario. The courts, as most members of society, end up falling prey to these stereotypes. This affects the result of their case.

As westernization is on the rise, a nuclear family with both parents working is gaining greater prevalence. However, traditional gender roles are not that easy to get rid of. Even as more and more women start going out to work, they are considered the primary nurturers. Consequently, they’re forced to juggle both responsibilities.

Do men face negative bias in Family Courts

Family courts have a wide jurisdiction to cover matters related to the validity of marriage, separation, divorce, maintenance, and child custody. Let’s examine the likelihood of negative biases in each type of case.

Divorce cases

Arguments for

According to some men’s rights activists, cruelty, when alleged by men, is less likely to be believed by judges. This is particularly significant since divorce on grounds of cruelty is often used in divorce cases.

Arguments against

It is a well-recognized concern that women often are not able to opt for divorce due to their unstable financial standing and economic dependence on their husbands. It is argued that maintenance laws are often not strong enough to support them. Thus, they are forced to stay in an unsuitable marriage.

Further, child marriage disproportionately affects women and is recognized legally unless caused by force or fraud. Often, the consent of women is ignored, and nevertheless, a minor’s consent is not recognized under contract law. Even so, child marriages are treated as voidable and not void. Minority at the time of marriage is not recognized as a valid ground for divorce after the woman turns 18.

Under Muslim law, polyandry i.e. a woman having more than one husband is not permitted. In contrast, polygamy (a man having more than one wife) is allowed, and is simply a ground for divorce. These laws are discriminatory against women.

Under the Dissolution of Muslim Marriages Act, 1939, a wife can file for divorce on various grounds including desertion, cruelty, lack of maintenance, imprisonment, impotency, and cruelty. On the other hand, the Bombay High Court in Dagdu Pathan n, Latur vs Rahimbi Dagdu Pathan, Ashabi, (2002) declared that a Muslim man simply has to convey reasons for the divorce and appoint conciliators to obtain a valid divorce. Further, under the concept of khula under Muslim Law, the wife has to pay something of monetary value for the divorce. It is worth noting that many provisions of Muslim personal law arise out of judicial decisions, due to the lack of codification of the same.

Maintenance cases

Arguments for

Under the Hindu Adoptions and Maintenance Act (1956) the wife has the right to maintenance, as long as she remains chaste and unmarried. For Hindus, Parsis, and Christians; the financial position of the man, those dependent on him, and certain other factors are considered.

The Hindu Marriage Act (1955) however, allows either spouse who has insufficient means to be entitled to maintenance during the pendency of the divorce proceedings or permanent alimony. This concept is similar to that of maintenance. Provisions under the Parsi Marriage and Divorce Act, 1936, and Indian Divorce Act, 1869 (governing Christians) are similar.

The Muslim Women (Protection of Rights on Divorce) Act (1986) governs maintenance for the Muslim Community. If the husband fails to provide maintenance to the wife, it is a valid ground for divorce.

Arguments against

Time and again, courts have held that a woman capable of maintaining herself need not be provided maintenance. For instance, in Rupali Gupta v. Rajat Gupta (2017), it was held that a wife well qualified and capable of maintaining herself, who chooses to be unemployed may be denied interim maintenance. Similarly, Somdatta Chatterjee nee Raychaudhuri v. Anindya Chatterjee (2019) held that under the Special Marriage Act (1954) a wife earning well would not be awarded maintenance. These cases prove that only women in need of maintenance and financial assistance are awarded the same.

Next, women’s groups have argued that the father is absolved of all responsibility of supporting the child when they turn 18 if the custody is with the mother. This is a critical juncture in the child’s life. Yet, costs for supporting the child through college are borne by the single mother alone. According to Section 317 of the Indian Penal Code, neglect by the father can only be invoked when a single mother completely abandons her child.

Women are disproportionately affected by unemployment and face various kinds of biases at work. Thus, they are often not in the position to solely provide for themselves, and their child.

Custody cases

Arguments against

In many cases, it is thought that since fathers have a better financial standing, they would be able to better look after a child’s needs. This is reflected in the Hindu Minority and Guardianship Act, 1956 that governs minor’s custody among Hindu, Sikh, Jain, and Buddhist Indians. It regards the father as the primary “natural guardian” of a son or unmarried daughter, once more than five years of age. Until then, the mother is considered a natural guardian of the child, and the father becomes the secondary guardian.

In cases of illegitimate children or an adopted son, the mother is the primary natural guardian and the father- secondary. However, married women are considered in a separate category, and their natural guardian is deemed to be the husband.

The Calcutta High Court in Seikh Simran Rahaman v. Sekh Jiayur Rahaman (2016) shed light on provisions regarding custody of minors under Muslim Law. It laid down that the mother is entitled to custody of a son till the age of 7, and the daughter till puberty, even if divorced. However, in case of her re-marriage, custody transfers to the father.

Arguments for

Oftentimes, courts look at the mother as the primary caregiver, who has a better personal bond with the child. This affects the outcome of the case and mothers are awarded custody.

This mindset is reflected in a 1980 report of the Law Commission of India. The report consisted of an analysis of the Guardians and Wards Act, 1890. It recommended the government allow the mother of a minor their custody till the minor is 12 years of age. The reason attributed was to prevent the father from using the child as a “pawn” to secure the submission of his wife to him.

However, in Dr. Ashish Ranjan v. Dr. Anupama Tandon (2010), the Supreme Court declared that a wife is not above using the child as her pawn either. In the given case, it held that the minor child’s mind had been influenced such that he had no respect or affection for the father. Thus, the court held the mother liable for contempt of court.

Similarly, in the case of Chethana Ramatheertha v. Kumar V. Jahgirdar (2002), the Karnataka High Court believed that a child gets the best education and protection under their mother. This sweeping generalization was condemned by the Supreme Court in an appeal (AIR 2004 SC 1525). The Apex Court made it clear that it did not support the Court’s claim that a mother’s custody would always be favorable to the father’s.

How can family courts be made more equal?

Reducing confrontation and making justice more accessible is an achievement of family courts. However, the reliance on subjectivity of a single judge, produces undue biases and arbitrariness.

Additionally, Family court proceedings are often held in private. Thus, the orders and judgments so passed are not available for public scrutiny. This adds to biases and arbitrariness in decision-making. As a result, many decisions rest on the discretion of judges. This also impedes efforts towards researching the problems of our current structure. A mechanism for ensuring greater accountability, along with encouraging empirical research on how to do that is essential.

Divorce and maintenance

In December 2020, a PIL was filed in the Supreme Court demanding gender-neutral maintenance laws, irrespective of religion. However, the plea had the unintended effect of nullifying provisions of personal law and is likely to be unsuccessful. While qualms may arise on if it is the domain of the judiciary to implement this, the concept is in the need of the hour. Divorce and Maintenance laws based on the financial position of both spouses, irrespective of religion will ensure benefits to the party that needs it.

Child custody

In its 257th report, the Law Commission of India proposed a reform of the child custody system in India. This report placed the welfare of the minor at the highest pedestal. It advocated for courts to award joint custody to both the parents, and was of the opinion that this would be in their best interests. It also brought attention to how joint custody can reduce acrimony between their parents, and allow better bonding. However, it also highlighted that the provisions to share custody may end up being harmful in cases of domestic violence, especially when the violence is directed at the child.

Conclusion

The answer to the question of sexism against men in family courts is not a binary “yes” or “no”. It varies from case to case, as gender roles find different ways to influence the outcome of various types of cases. For instance, courts may presume the mother to have a greater emotional attachment to the child, and award her custody.

It may also assume fathers have better financial standing and will be able to provide for the child better. In maintenance cases, they assume the husband has a better financial standing, and ask him to pay maintenance for the child. On the other hand, it would be uneasy with the notion of a woman providing for her husband.

These stereotypes may even be a reality in many cases. Social notions of a father’s duty often prevent men from being too involved in the child’s life. Laws are made keeping in mind a majority of the people who will be affected by it. This is a well established principle of Jurisprudence. So, one can successfully argue that since India is a traditional society and stereotypes are practiced in most cases, laws simply reflect that. However, laws are supposed to be a positive tool for social reform. If laws reflect the society’s discrimination, and society’s discrimination is reflected in laws, where does this vicious cycle end?

The law needs to step out and be the catalyst for this reform, instead of simply upholding the status quo. That’s the way to break the cycle. Discrimination should not be the basis to justify more discrimination. Such stereotyped decisions perpetuate the same gender bias that leads to this. We need to stop these gendered notions of marital duties from affecting decisions in the court of law.

References

https://districts.ecourts.gov.in/delhi-family-court#content

http://ncwapps.nic.in/acts/The_Family_Courts_Act_1984.pdf

https://www.researchgate.net/publication/259709667_Judges_of_Normality_Mediating_Marriage_in_the_Family_Courts_of_Kolkata_India

http://news.bbc.co.uk/2/hi/south_asia/2988617.stm

https://legislative.gov.in/sites/default/files/A1869-4.pdf

http://news.bbc.co.uk/2/hi/south_asia/2988617.stm

https://www.unicef.org/india/media/1176/file/Ending-Child-Marriage.pdf

https://core.ac.uk/download/pdf/236436703.pdf

https://www.indiacode.nic.in/handle/123456789/2404?locale=en

https://indiankanoon.org/doc/390116/

https://tcw.nic.in/Acts/Hindu%20adoption%20and%20Maintenance%20Act.pdf

https://indiankanoon.org/doc/1504941/

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Introduction

One Nation, One Ration Card Scheme (ONORC)

Inter-state migration

Right to food

Benefits of scheme

Supreme Court judgment

The scheme reduces worries of the poor – PMGKY

Food security and COVID-19 pandemic

Conclusion

References

Introduction

Rise of the importance of arbitration in copyright disputes

Specialised expertise

Speed, efficiency, and flexibility

Urgency and provisional measures

Confidentiality and finality

Enforceability

Conclusion

References

Introduction

Fracture (2007)

Just Mercy (2019)

The Lincoln Lawyer (2011)

Bombshell (2019)

Runaway Jury (2003)

Conclusion

References

Introduction

Facts of the case

Contentions of the parties

Observations of the court

Conclusion

References

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Registering a case

Submitting a complaint in support of animal rights

Arrest by an individual

Contact WCCB or TRAFFIC India

Contact the regional offices of Wildlife Crime Control Bureau

List of the offices of Wildlife Crime Control Bureau

Basics of registering a complaint

Offences unnoticed by forest officers

Cases of hunting and smuggling

Documenting violations

Filing a petition

Complaint and charge sheet

Obtain a copy of the PA Notification in its official form

Check for encroachments using satellite imagery

Meeting with Government Officials

Filing RTIs

Registration of cases

Checklist for preparing Wildlife Offence Report (WLOR)

Registration of FIR and investigation of offences under the Wildlife (Protection) Act, 1972, by a police officer

Sample of Wildlife Offence Report (WLOR)

Conclusion

References

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Narrow AI

General AI

AI and mergers and acquisition

What is due diligence?

Significance of the process of due diligence in M&A

Issues arising from the usage of AI in M&A due diligence

Technical shortcomings

Security risks

Breaches of privilege

Conclusion

References

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What is known as enterprise value?

How to calculate equity value?

How to calculate enterprise value?

Equity value and enterprise value multiples

Equity value multiples

Enterprise value (EV) multiples

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