Category: Blog

Important legal provisions for bankruptcy proceeding of a company under Insolvency and Bankruptcy Code (IBC)

The IBC provides for comprehensive time-bound resolution process for insolvency and bankruptcy proceedings of corporate entities in India. The apex court also held in catena of judgements that the ultimate objective of the IBC is to maximize the value of the assets of the corporate debtor. The latest judgments by the Supreme Court have further clarified the intent and objective of the IBC.

In the landmark judgment of Essar Steel India Ltd vs. Satish Kumar Gupta & Others, the Supreme Court held that the NCLT and NCLAT cannot interfere in any commercial decisions and matters tackled by the CoC and first consideration should be given to the financial creditors rather than the operational creditors.

In recent updates, the government is planning to draft rules for NCLT to deal with IBC, and also planning to fill all the vacant posts at various NCLT benches. It is also expect new IT enabled with AI will be used for case management in future. The rules under consideration would act as guidelines, to ensure certain matters are expedited.

Significance of Intellectual Property Rights (IPR) for Startups and Businesses: Trademarks, Copyrights and Patents

In today’s fast-paced digital business world, intellectual property rights (IPR) have become increasingly important for startups to protect their innovative ideas and creations and to stand out in the crowded marketplace. IPR refers to the legal rights granted to individuals or businesses over their intellectual property, including patents, trademarks, copyrights, and trade secrets.  Protecting their innovative ideas, brands and creations is crucial for startups to gain a competitive advantage and succeed in the long run. It saves businesses from legal disputes and protects their interests.