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#Budget2022 -23 – Key Takeaways |Budget 2022 highlights

Tune into #Lawwiser quick update on “BUDGET 2022-23-Key Highlights” Watch this update and, stay tuned till the end as we ask an interesting question related to it.

The finance minister, Ms Nirmala Sitharaman, has announced the Budget 2022.

Some significant changes are:-

MSME and startups –

  • For the MSME sector, Rs 6,000 crore programme to rate MSMEs will be rolled out over the next five years
  • For MSMEs portals such as Udyam, e-shram, NCS & Aseem will be inter-linked, and their scope will be widened Electrical Vehicles

Electrical Vehicles

  • Battery swapping policy to allow EV charging stations for automobiles will be framed

Defence

  • In the defence sector, the govt is committed to reducing imports and promoting self-reliance in the defence sector
  • Defense R&D will be opened up for industry, startups and academia with 25% of the defence R&D budget.

Finance & inclusion

  • As per Finance and Inclusion, some major initiatives taken by the government are
  • To introduce Digital Rupee by RBI using blockchain technology, starting 2022-23
  • Losses from the sale of virtual digital assets cannot be offset against other income
  • IBC amendments to enhance the efficiency of the resolution process
  • Facilitate cross-border insolvency resolution Healthcare

An open platform for the national digital health ecosystem will be rolled out.

Share your answers in the comment section and follow Lawwiser for more such updates. #Budget #Finance #Healthcare #Union #Ecosystem #Insolvency #Resolution #Digital #Defense #Legalvideo #Update #Video #Quickupdate

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PLI Scheme to Benefit Pharmaceutical Sector

The Ministry of Chemicals and Fertilizers has announced that 55 pharmaceutical companies are likely to get benefitted from the Production-Linked Incentive scheme for pharmaceuticals which is part of the government’s flagship Atmanirbhar Bharat Plan. This scheme will help in enhancing India’s manufacturing capabilities and exports in ten sectors.

The financial outlay for this Production- Linked Incentive (PLI) Scheme is Rs 15,000 crore. This PLI scheme aims to enhance India’s manufacturing capabilities and also exports in ten different sectors which were approved by the Union Cabinet.

The Cabinet approved this scheme on February 24, 2021. The operational guidelines inviting applications for the pharmaceutical industries were issued on June 1, 2021. They were issued by the Department of Pharmaceuticals after consulting thoroughly with related departments, industries, and NITI Aayog. A total of 278 applications were received by 31st August on the scheme out of which 55 applicants got selected.

Watch Avani Shukla from LawWiser helps us understand different aspects related to it such as –

1. Aim of the PLI scheme

2. Invitation of applications for the PLI scheme and different categories associated with it

3. How is it going to benefit the pharma sector?

Tune into the video to learn and understand more about the scheme.

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Increase in GST Rates of MMF Textiles | #QuickBytes

The Ministry of Textiles notified the uniform goods and services tax (GST) rate on MMF, MMF yarn, MMF fabrics, and apparel.

These Changed tax rates will come into effect from January 1, 2022. Currently, the tax rate on MMF, MMF yarn, and MMF fabrics is 18 percent, 12 percent, and 5 percent, respectively.

Watch this video featuring Aditi Aggarwal, #LawWiser, where she explains what is the new reform and what was the need to bring changes to MMF Textiles.

She further explains what would be the possible implications of these new reforms.

#StayTuned for more legal updates

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SEBI’s Plans to tighten Capital & Disclosure Requirements | #QuickByte


The market is buzzing with IPOs. SEBI has decided to introduce rules regarding the “Capital and Disclosure requirements” of different stakeholders. Tune into this video, where LawWiser takes you through “SEBI’s plans to tighten capital and disclosure requirements”.

Watch Prabhjot Singh briefly explain the top three proposals on “Inorganic growth initiatives”, “Divestment by significant shareholders”, and “Disclosure of use of funds under GCP”

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Biotechnology and Patents |Biotech Patent| #QuickBytes

Patent applications in biotechnology are growing more than ever! Biotechnology involves technical applications of different kinds of biological processes in microorganisms, animals, and plants which can be harnessed for several useful applications. Due to the pandemic, the patent applications in biotechnology have increased by 6.3% and are still on the rise. In this video, Avani Shukla of LawWiser talks about when does a biotechnological invention can get patented and what are the exceptions. She takes us through the Legislative framework and policies for the protection of biotechnology and further discusses the need to balance out ethical and legal issues related to it.

Biotechnology is simply a technology based on biology. It uses cellular and biomolecular processes to create technologies and products that help us live better lives and improve the health of our planet. For almost 6,000 years, we’ve relied on the biological processes of microorganisms to create valuable food products like bread and cheese, as well as to preserve dairy products.

 

Biotechnology and Patents

 

In 1856, India passed the Patent Act. Since then, it has been amended multiple times, the most recent being in 1970, when it was updated to meet international patentability standards for novelty, inventive step, and industrial applicability. However, there was nothing particular about biotechnology creation and protection in this iteration. At the same time, as the number of biotech inventions and patent applications increased in the US and EU, the need for a modification to the Indian Patent Act to allow for biotech patentability grew louder in India. In 2002, an amendment was made to include biochemical, biotechnological, and microbiological processes in the scope of potentially patentable processes.

 

Biotechnology and Patents in India

 

Biotechnology inventions are given patents in India if they meet the patent eligibility criteria of novelty, inventive step, and industrial applicability. Biotechnology inventions are a broad field of biology that uses living organisms and systems to create or develop products, as well as any other technological application that uses living organisms, biological systems, or derivatives thereof to modify or create products or processes for specific uses.

Biotechnology and patents in India are currently booming, as seen by the data.

India, which is ranked third in the Asia Pacific, is one of the top 12 biotechnology destinations in the world. 1 By 2025, the biotech business in India is expected to be worth $100 billion. 2 Because the biotechnology business relies largely on research and development, it is critical for biotech companies to grasp the legal protections available to safeguard their ideas through patent rights.

Types of Biotechnology Patents

 

In most every field of research, there are two basic types of Biotechnology patents:

  • Product patents.
  • Process patents.

This holds true for biotechnology as well. An inventor can patent a product or a new procedure that they have developed. Because of the nature of biotechnology, there are some limitations on what can be patented and what cannot. To put it another way, inventions are patentable, but discoveries aren’t.

Biotechnology discoveries are natural items or processes that are basically held by nature, hence they cannot be “owned” by a single individual through a patent. However, if you develop a product or technique that involves the utilisation of natural, living objects, you should consider filing a patent for it. When trying to patent a biotechnology invention, this can lead to some complex situations.

 

Conclusion

Biotechnology and patents in India have significantly grown as shown by the data itself. However, some inflexible laws have to be constructed to potentially grow in this industry.

 

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Data Scraping in India | LawWiser

Do you wonder if Data Scraping is legal in India?

Watch Now our latest video on data scraping where Avani Shukla from LawWiser talks about the benefits of data scraping and breaks down issues associated with it.

She further talks about legal provisions surrounding data scraping in India and why there is a need to balance out the issues and legalities associated with it for all-around protection and benefits of businesses.

Introduction

The technology demands the most notable changes, which can be helpful for “N” number of purposes.

Previously when the eminent techniques were not there as we were habitant to face specific difficulties while regulating our work differently.

But now, the scenario has changed, because people are using Data Scraping for various purposes.

What is Data Scraping?

Data Scraping in India is definable as collecting structured data from a variety of sources and presenting them to users in an organized manner.

With the advent of the internet, data scraping has become an essential part of business processes that involve gathering a large amount of data over a long time.

Companies engaged in data collection now prefer outsourcing the job to a specialized scraper company in India.

Advantages in Hiring Scraper Companies

The main advantage of hiring scraper companies in India is that the cost involved in employing them is much less compared to what costs involved in operating the services of a regular data collector. Data Scraping in India takes various forms. It is difficult to determine which form of data scraping is best suitable to any particular organization.

It is because the requirement for data collection varies from company to company.

Methods/Tools of Data Scraping

A data scraper collects data using several different methods.

Some organizations use software to collect information.

Other organizations make use of multiple methods in gathering information.

In both cases, the main aim is to make the information available to users in a structured format.

There are several types of scrapers available for users to choose from.

These include the RDBMS scraper that stores data in relational databases like SQL Server, Oracle or MySQL. These databases can grow on demand.

They also allow users to access the information they need without storing the data in their server.

The benefit of using a scraper such as this is that the users can be assured of fast retrieving data and high concurrency.

If you want to begin data scraping, it is best to find a ready-made package that already has all the necessary tools. However, if you do not have this, it is not impossible to learn the basics of data scraping.

One helpful tool is a data scraping tutorial.

This teaches one the basics of data collection, data manipulation, and how to organize it all to help you effectively analyze the data.

Data Cleansing

Data cleansing is one more essential skill one should master to take their business to the next level. It allows one to clean data of unwanted information, such as duplicate records and erroneous dates.

For a business to progress, data cleansing and data scraping must be performed.

To do this, you need to purchase your data cleansing and data scraping software. Because these tools make the process much easier since everything you need is right there in front of you.

Problems with Data Scraping

With many benefits, there have been some problems with data scraping that can cause some severe troubles.

1. First, data scraping involves huge costs, which is one of the significant problems for individuals.

2. Second, when proceeded illegally, it may lead to DDOS(Distributed Denial of Service).

3. Lastly, it can cause copyright issues, which may further lead to disputes.

As problems are now discussable, it is essential to look out for the legalities of data scraping.

Legalities of Data Scraping

1. Data scraping comes under the category of literary work as section 2(o) of the copyrights act, 1957.

2. Section 43 of IT Act, 2000 counters unlawful data scraping and provide sanctions for any damage to a computer system by using a computer contaminant that modifies, destroys or transmits data inside of a computer.

Conclusion

With the increase in the use of technology, data scraping has proved to be very beneficial to businesses and customer satisfaction.

However, the increasing use of data scraping can also cause media content piracy online, resulting in infringement of the company’s intellectual property or a particular individual and slowing down websites.

For the concerns mentioned above, it is always recommendable that data scraping be done cautiously, keeping in mind the laws and regulations.

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Right To Be Forgotten (RTBF) | Quick bites| LawWiser

The world has become digital and the background of any person can now be easily accessed on the internet with no assurance of such data being authentic. The Right to be forgotten is the right to have personal information available publicly of a person removed from the internet, websites, databases, or any other public platform so that search engines cannot find them. It is an inherent aspect of the Right to privacy and the right to life.

It has been recognized as a statutory right in the European Union under General data protection regulation. But in India, no specific laws and regulations are surrounding it. Personal Data protection bill, 2019, recognizes right to be forgotten. Section 20 of the PDP bill says that the person who generates the data or to whom the information pertains can rightfully ask to restrict or prevent the continuing disclosure of their personal data.

The Central government is also in the process of finalizing the data protection bill which is expected to effectively protect the privacy of individuals. There are some issues with RTBF like- Right to be forgotten sometimes may conflict with the right to information and it can affect freedom of press. But it is not an undeniable fact that the time has come to properly acknowledge this right while balancing the issues related to it.

Recently, there has been an increase in the number of RTBF applications before the courts which highlights the essential need for the parliament to enact a proper statute and mechanism governing RTBF in the country.

In this video, Avani Shukla of LawWiser explains what ‘Right to be forgotten’ means and takes us through important judgments on this law. She also talks about important laws covering the right to be forgotten, issues related to this right, and the need for proper mechanisms surrounding it in our country.

To get featured in more such conversations, write us on [email protected]

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India’s Legal and Regulatory Framework Regarding Work from Home – Quick Byte

Due to the pandemic, traditional work operations are now replaced with work from home. Non-traditional working modes are the future and hence proper regulatory frameworks are needed for the same.

 

In this video, Avani Shukla of #LawWiser takes you through the developments in India’s legal and regulatory framework concerning work from home (WFH) regulations. WFH has been adapted internationally as well with options for hybrid working. She also shares insights on the International Labour Organization’s report, and why there is need for a proper policy in India to meet the needs of both employer and employee in a balanced manner.

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QuickBytes – Section 69 A of the IT Act (Information Technology Act), 2000

Section 69 A of the Information and Technology Act, 2000 empowers the Central Government to issue directions to block public access to any information through any computer source. When the Central Government or any officer specially authorized by it is satisfied that it is necessary in the interest of the sovereignty and integrity of India, it may issue an order to block public access to such information.

Tune into this video where LawWiser takes you through Section 69 A of the Information Technology Act, 2000. We will also note the powers of the Central Government under Section 69 A, some instances related to it in India, and debates surrounding the topic.

SECTION 69(A) OF THE IT ACT, 2000

As technology is rapidly developing, specific rules and regulations are needed to watch crimes emerging from such technology.

One such act is known as ‘Information and Technology Act, 2000″.

Let us first know about the act in brief.

What is IT Act, 2000?

The IT Act, 2000 specifies crucial rules and regulations, which prominently allow the framework to govern the acts about electronic governance, such as electronic records and digital signatures.

Moreover, it also throws light on cybercrimes and crimes being overall related to the internet world. The act provides specific penalties for such crimes.

IT Act, 2000 covers all the crimes related to computers and devices relating to India, even if it pertains outside India.

Section 69 (A) of the IT Act 2000

Every other section in the act is crucial, but Section 69 (A) of the IT Act, 2000 is vital to discuss because of the incidents that have taken place.

Sec 69 (A) of the IT Act, 2000 prescribes the restriction on some public information.

Only some information is decided to be kept confidential, which the government decided depending on the sensitivity of such information.

Thus, in some cases, the government can restrict access to such information under the Sec 69 (A) of the IT Act, 2000.

Power of Central Government and Agencies in Sec 69 A

Section 69 A of the IT Act, 2000 empowers the Central Government to issue directions to block public access to any information through any computer source.

When the Central Government or any officer specially authorized by it is satisfied that it is necessary in the interest of the sovereignty and integrity of India, it may issue an order to block public access to such information.

Sec 69 A of the IT Act, 2000 also gives power to Central Government to remove the objectionable content from social media. On 20 December 2018, Central Government ordered the agencies to monitor such content.

Some of those agencies were CBI, NIA, RAW etc.

Instances related to Sec 69 A in India

Recently, there was debate regarding the blocking of apps like Instagram, Facebook, Whatsapp etc. Central Government ordered that the social media apps having more than 5 million followers should adopt a 3 tier due diligence system for monitoring the content.

Hence, the debate revolved around the ‘Privacy Concerns” and “Freedom of Speech” of people being so far related to such social media apps.

In the recent case of ANURADHA BHASIN V. UNION OF INDIA, it was stated by the Supreme Court that if the freedom of speech of any person is infringed, then such person could challenge it in the court.

Recent debate surrounding the topic and conclusion

  1. The very first instance that took place was in 2020 when the govt. Blocked 59 Chinese apps due to the security and sovereignty of the state.
  2. The Second instance related to Sec 69 A of the IT Act, 2000, was when the Jio users were unable to access websites like Telegram and were further issued notices from the Department of Communication.

Way Ahead

The debate concerning Sec 69 A of the IT Act, 2000 will not end anytime soon since it involves ‘Privacy’ and ‘Freedom of Speech’. Thus, it is crucial to keep an eye on the amendments and rules in the IT Act, 2000.

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