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1
Welcome to the August Edition of
the Clasis Law Newsletter
This edition brings to our readers a featured article titled “Blockchain – A New Technological Genie”. This article emphasizes on the evolving blockchain technology and the role it could play in transforming several industry verticals. The article explores uses of blockchain technology and highlights the legal challenges which could arise with the usage of blockchain in the current legal landscape. The article also briefly discusses Indian outlook on blockchains and mentions instances where blockchain technology has already been used in India. We continue to highlight certain key judgements passed by the Hon’ble Court as well as changes in Corporate and Commercial laws and updates on Intellectual Property. Your inputs and feedback are always welcome and we look forward to our interactions with you.
Contents
Blockchain – A New Technological Genie Page 2
Legal Alerts
Page 5
Corporate and Commercial
Page 6
IP Update
Page 7
Recent Events
Page 9
Offbeat
Page 10
www.clasislaw.com
Newsletter
August 2018
“Clasis Law’s
Managing Partner &
Head of Corporate
Practice, Vineet
Aneja is recognized
as one of India’s
Most Trusted
Corporate Lawyers
by ICCA, 2017”
Clasis Law has been ranked amongst the Top 40 Indian Law Firms by RSG Consulting
Rankings 2017
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2
BLOCKCHAIN – A NEW TECHNOLOGICAL GENIE
After the internet era, an emerging technology which has grabbed eyeballs across the globe in recent years is the blockchain
technology. Usage of blockchain technology by cryptocurrencies (particularly Bitcoin) is one of the major factors for
popularity of blockchain. If we talk about blockchain, the first thing which crosses a layman’s mind is Bitcoin. However, the
usage of this technology is not only restricted to cryptocurrencies, it is considered that the technology has the potential to
transform several industry verticals by expediting the processes and making them more transparent and democratic.
What is blockchain?
While the technology is complicated, the main idea is simple. To give a birds-eye view, blockchain is a decentralized /
distributed ledger which resides on each participant’s device and leverages the resources of a large peer-to-peer network to
verify and approve each transaction. Each individual copy of the ledger is updated on real time basis whenever a transaction
is completed. The blockchain technology eradicates the need of an intermediary in concluding transactions and a central
server to store information.
The Institute for Development and Research in Banking Technology (established by Reserve Bank of India), in its white
paper1, described blockchain as a tamper-evident ledger shared within a network of entities where the ledger holds a record
of transaction between the entities. To achieve tamper-evidence in ledger, blockchain exploits cryptography2. In blockchain,
cryptography is primarily used for two purposes (i) securing the identity of the sender of transactions and (ii) ensuring that
the past records cannot be tampered with.
The new information can be written on to this distributed ledger, but the previous information, stored in blocks, cannot be
edited, adjusted or changed. This is accomplished by using cryptography to link the contents of the newly added block with
each block before it, such that any change to the contents of a previous block in the chain would invalidate the data in all
blocks after it.
Types of blockchain
Blockchain can be broadly classified into two categories:
1. Public / Permission less blockchain – It can be categorized as a fully decentralized ledger where anyone can read, send
transactions and participate in the consensus process. The process of generation and verification of transactions is
publicly available so that anyone in the network may perform these actions.
2. Private / Permissioned blockchain – In case or private blockchain, while the process of generation and verification of
transactions may be access controlled and restricted to only a fraction of members on the network who have the
authority to verify the transactions, the information can be read by all the participants of blockchain.
Usage of blockchain
It is predicted that blockchain will transform several industry verticals in the coming years. The blockchain technology has
already been adopted by banks in India. ICICI bank was the first in the country and among the first few globally to use
blockchain technology way back in 2016 to execute its first banking transaction relating to international trade finance on
blockchain in partnership with Emirates NBD based in Dubai. The parties used custom made blockchain application (which
enabled all the parties including banks, importer and exporter) to exchange and authenticate remittance transaction
messages as well as original international trade documents related to purchase order, invoice, shipping & insurance, among
others, electronically on blockchain in real time.
1 http://www.idrbt.ac.in/assets/publications/Best%20Practices/BCT.pdf 2 Cryptography is the method of encrypting and decrypting, information through complex mathematics. This means that the information can
only be viewed by the intended recipients and nobody else. 3 https://www.forbes.com/sites/forbesagencycouncil/2018/04/05/what-is-blockchain-and-what-can-businesses-benefit-from-it/#44526888675f
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3
Further, it allowed all the parties to check online status of the application, transfer of title and transmission of original trade
documents through a secure network, while preserving client and commercial confidentiality. According to the bank, usage of
blockchain technology simplified the process and made it instant to only a few minutes which typically take a few days’ time4.
ICICI Bank has now successfully on-boarded over 250 corporates on its blockchain platform for domestic & international trade
finance5. India now has a consortium of its own, called 'Bankchain'. Bankchain has 37 members and it is meant to be a
community of banks for exploring, building and implementing blockchain solutions.“6Blockchain has also been used by the state
government of Andhra Pradesh for maintaining land registries of the residential and commercial plots allotted to farmers7.
It is expected that blockchain technology will be used by several industry verticals for various other purposes such as record
keeping and supply chain management in future.
Recordkeeping
At its most basic level, blockchain is a new type of database system that maintains and records data in a secure and
unchangeable manner and allows multiple stakeholders to securely access the same data and information. Blockchain can be
used for the purposes of maintaining land records and by the companies to maintain their necessary records such as registers
of shareholders, minutes of meetings, records of encumbrances which can be verified and easily accessed by the company,
regulator and other stakeholders. The advantage would be that the information cannot be edited or changed easily.
Supply chain
As the blockchain holds records in a digitized and distributed manner that make them tamper-resistant and easily traceable,
blockchain is an attractive option for supply chain as it can store and exchange contract details, coordinate logistics and
streamline disjointed processes8.
Legal Challenges
Though blockchain technology appears to be attractive which could increase security and authenticity of transactions and
expedite the processes, it has its own challenges which may have serious implications. We analyse below few of the key legal
challenges which would have an impact on the usage of blockchain technology:
1. Jurisdictional issues
As the basic premise of this technology is decentralization (which means the transaction may be approved by people from
different parts of the world and the servers are likely to spread throughout the world), determining the appropriate
jurisdiction in case of dispute, would pose a challenge as the principles of contract and title vary across jurisdictions.
Complying with the legal requirements of every jurisdiction where servers are located or transactions are executed seems to
be unlikely.
2. Data Privacy
Using of blockchain will have an implication on data privacy, particularly personal data as the existing law in India, which is
Information Technology Act, 2000 and rules made thereunder, only have the legal framework relating to collection and
usage of personal data by a ‘body corporate’. Considering that data will be decentralized while using blockchain technology,
there would be no body corporate having control of such data. In the event of breach in the usage of personal data there
may be no protection available under law for the participant. Further, considering the nature of blockchain technology, any
amendments in the Information Technology Act, 2000 may not be successfully able to provide adequate remedies unless
there is a global law or policy regulating the blockchain technology.
4 https://www.icicibank.com/aboutus/article.page?identifier=news-icici-bank-executes-indias-first-banking-transactions-on-blockchain-in-
partnership-with-emirates-nbd-20161210162515562 5 https://www.icicibank.com/aboutus/article.page?identifier=news-icici-bank-onboards-over-250-corporates-on-its-blockchain-platform-for-trade-
finance-20181704141936142 6 http://www.bankchaintech.com/index.php 7 https://qz.com/1325423/indias-andhra-state-is-using-blockchain-to-build-capital-amaravati/ 8 https://www.rockwellautomation.com/global/news/blog/detail.page?pagetitle=Blockchain-Can-Transform-Your-Supply-Chain-%7C-
Blog&content_type=blog&docid=605e9b7dcd4d7836bfbbe2cfe8d7618a
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3. Smart contracts
Smart contracts are blockchain based contracts which are executed by computer network that uses consensus protocols
to agree upon the sequence of actions resulting from the contractor’s code. With a shared database running a blockchain
protocol, smart contracts auto-execute and all parties validate the outcome instantly and without need of a third party
intermediary9.
The moot question to consider in relation to smart contracts is whether it would be able to capture elements of a
traditional contract which are drafted on a case-to-case basis considering the requirements of the parties and of relevant
jurisdiction. Further, specifically in case of public blockchains, how will the governing law and dispute resolution
mechanism be determined? In the absence of a process for smart contract adjudication, it is recommended that the
parties also retain a natural language version of the contract supplementing the digital contract and having an overriding
effect until the legal system provides some clarity on smart contract adjudication.
4. Litigation and dispute resolution
As discussed above, since determining the jurisdiction and dispute resolution mechanism would be challenging, it would
be difficult to resolve a dispute. Further, considering that transactions executed on blockchain are immutable and
irreversible, it would be challenging for courts to grant a remedy in case of any participant of blockchain conducting a
fraudulent transaction as such fraudulent transactions could not be reversed. It would also be difficult for a court to track
the participant at fault.
5. Liability
The manner in which blockchain technology operates, the allocation and attribution of risk and liability in relation to a
malfunctioning blockchain (particularly public blockchain) may not be established easily as it is difficult to control and stop
its functioning. In case of a private blockchain, the lack of control on the functioning of the platform does not apply but
whether or not this would be sufficient to trigger a liability of the company managing the platform has not yet been
tested.10
Indian outlook on blockchains
The blockchain is an emerging technology and India, being a technology hub, is aggressively exploring business
opportunities in the blockchain network. However, in the absence of any legal framework governing blockchains in India and
considering the conservative approach adopted by Indian regulators, resident Indians are incorporating companies in
countries like Singapore, Estonia, the UK, Switzerland and Japan which realise the importance and want to take a lead in the
blockchain ecosystem.11
Conclusion
Blockchain has the potential to become part of businesses and a radical change is expected in in the coming years due to
use of this technology. However, as this technology is complex, one should consider the risks and legal challenges before
realizing the potential benefits of blockchain. Further, the Indian regulators should also adopt a practical and liberal approach
and make required changes in law from time to time to promote the blockchain ecosystem.
9 http://www.idrbt.ac.in/assets/publications/Best%20Practices/BCT.pdf 10 https://www.dlapiper.com/en/denmark/insights/publications/2017/06/blockchain-background-challenges-legal-issues/ 11https://factordaily.com/india-blockchain-ico-companies-migrate-estonia/
For any clarification or further information, please contact
Vikram Bhargava Lovejeet Singh
Partner Senior Associate
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5
Legal Alerts
Advocates Can File Petition On Behalf Of The Financial Creditors Before The National Company Law Tribunal
The Hon’ble Supreme Court of India (“Supreme Court”) in its
recent judgment dated August 3, 2018 passed in Sunrise 14
A/S Denmark vs Ravi Mahajan C.A. No. 21794 – 21795 of
2017 has clarified that Advocates can file Petition under
section 7 of the Insolvency and Bankruptcy Code, 2016
(“Insolvency Code”) on behalf of the Financial Creditor.
The brief facts of the case are that Danish Company (Sunrise
14 A/S Denmark) (“Financial Creditor”) filed a Petition under
Section 7 of the Insolvency Code before the National
Company Law Tribunal, Chandigarh (“Adjudicating
Authority”) against one Ravi Mahajan (“Corporate Debtor”).
The Adjudicating Authority, vide its order dated July 28,
2017, admitted the petition after considering the ample
evidence of default in the debt by the Corporate Debtor.
An appeal was preferred before the National Company Law
Appellate Tribunal (“NCLAT”) against the aforementioned
order passed by the Adjudication Authority. By its order
dated December 06, 2017, the NCLAT set aside the order on
the following grounds that;
a) The mandatory requirement of Section 7(3) (a) of the
Insolvency Code, which includes the filling up of a
statutory form not having been done, and
b) The Petition was made by an advocate and not by the
party in person. Therefore, the appeal was allowed.
Section 7 (3) (a) of the Insolvency Code states that;
(3) The financial creditor shall, along with the application
furnish-
a) record of the default recorded with the information utility
or such other record or evidence of default as may be
specified;
b) the name of the resolution professional proposed to act
as an interim resolution professional; and
c) any other information as may be specified by the
Board……..”
The Financial Creditor preferred an appeal before the
Supreme Court against the order passed by the NCLAT. The
Supreme Court observed that in the case of Macquarie
Bank Limited vs. Shilpi Cable Technologies Limited
(2018) 2 SCC 674, it has been held that in the case of
Operational Creditors, the petition filed by a foreign company
need not observe such requirements of a statute which are
impossible of compliance, namely, of getting a certificate
from Indian financial institutions evidencing default in
repayment of debt and that the Petition/Notice filed by an
advocate would be maintainable. In conclusion, the Supreme
Court held that the judgment of Macquarie Bank (supra) is
also applicable to the case of Financial Creditors and the
petition filed by an advocate on behalf of Financial Creditor
would be maintainable. Accordingly, the Supreme Court
allowed the appeals and set aside the judgment passed by
the NCLAT and restored the judgment passed by the
Adjudicating Authority.
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6
Corporate and Commercial
The Companies (Accounts) Rules, 2014
On July 31, 2018, the Ministry of Corporate Affairs issued a
notification amending the Companies (Accounts) Rules,
2014. The amendments include:
a) In rule 8 (matters to be included in the Board Report)
these three rules have be added – (i) a disclosure as to
whether maintenance of cost records as specified by the
Central Government under section 148(1) of the
Companies Act, 2013 is required by the company and
accordingly such accounts and records are made and
maintained ; (ii) a statement that the company has
complied with the provisions relating to the constitution
of the Internal Complaints Committee under the Sexual
Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013; (iii) these rules
mentioned in rule 8 shall not apply to a one person
company.
b) A new rule 8A is inserted to specify the Matters to be
included in Board's Report for One Person Company and
Small Company. In terms of this rule, the Board's Report
of One Person Company and Small Company shall be
prepared based on the stand alone financial statement of
the company, which shall be in abridged form and contain
the following:
• the web address , if any, where annual return referred
to in section 92(3) has been placed;
• number of meetings of the Board;
• Directors' Responsibility Statement as referred to in
section 134(5);
• details in respect of frauds reported by auditors under
143(12) other than those which are reportable to the
Central Government;
• explanations or comments by the Board on every
qualification, reservation or adverse remark or
disclaimer made by the auditor in his report;
• the state of the company’s affairs;
• the financial summary or highlights;
• material changes from the date of closure of the
financial year in the nature of business and their effect
on the financial position of the company;
• the details of directors who were appointed or have
resigned during the year;
• the details or significant and material orders passed by
the regulators or courts or tribunals impacting the going
concern status and company's operations in future.
c) Further the Report of the Board shall contain the
particulars of contracts or arrangements with related parties
referred to in section 188(1) in the Form AOC-2.
The Criminal Law (Amendment) Bill, 2018
On August 6, 2018, the Indian Parliament passed the
Criminal Law (Amendment) Bill, 2018 (“Bill”) and approved a
legislation further to amend the Indian Penal Code, 1860
(“IPC”) Indian Evidence Act, 1872, the Code of Criminal
Procedure, 1973 and the Protection of Children from Sexual
Offences Act, 2012. The highlights of the Bill are as follows:
a) The Bill amends the IPC, 1860 to increase the minimum
punishment for rape of women from seven years to ten
years.
b) Rape and gang rape of girls below the age of twelve years
will carry minimum imprisonment of twenty years and is
extendable to life imprisonment or death.
c) Rape of girls below the age of sixteen years is punishable
with imprisonment of twenty years or life imprisonment.
d) The Bill amends the IPC, 1860 to increase the punishment
for rape of girls. However, punishment for rape of boys has
remained unchanged. This has resulted in greater difference
in the quantum of punishment for rape of minor boys and
girls.
e) The Bill imposes death penalty for rape of girls below the
age of twelve years. There are differing views on death
penalty for rape. Some argue that death penalty has a
deterrence effect on the crime and therefore helps prevent it.
Others argue that death penalty would be disproportionate
punishment for rape.
Amendment to SEBI (Listing Obligations and Disclosure
Requirements) Regulations, 2015 mandating transfer of
securities in dematerialized form with a depository
On August 10, 2018, SEBI amended Regulation 40 of SEBI
(Listing Obligations and Disclosure Requirements)
Regulations, 2015 wherein it was intimated that transfer of
securities shall not be processed unless the securities are
held in the dematerialized form with a depository with effect
from December 5, 2018.
Pursuant to the amendment, several initiatives were taken by
SEBI to spread awareness about the proposed change. In
view of the applicability of the amendment, the following is
hereby clarified:
a) The amendment does not prohibit the investor from
holding the shares in physical form, investor has the option of
holding shares in physical form even after December 5,
2018.
b) The amendment is not applicable for transmission (i.e.
transfer of title of shares by way of inheritance / succession)
and transposition (i.e. re arrangement / interchanging of the
order of name of shareholders) cases.
c) Any investor who is desirous of transferring shares (which
are held in physical form) after December 5, 2018 can do so
only after the shares are dematerialized.
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7
Two identical trademarks can coexist in same class
dealing in different kind of goods
Supreme Court passed an order dated 26th July, 2018 in a
landmark case allowing two identical trade marks to coexist in
the same class. M/s. Nandhini Deluxe (the “Appellant”)
aggrieved with the decisions of Intellectual Property Appellate
Board (“IPAB”) and High Court for refusing to allow the
Appellant to use the mark “Nandhini” under classe 29 of the
Trade Marks Rules, 2009, have filed this appeal against
Karnataka Co-operative Milk Producers Federation Limited
(the “Respondent”). The Respondent’s claim was that the
mark “Nandini” belongs to it by way of its long and sustained
use and has acquired a distinctive character and the public
associate “Nandini” only with the Respondent. This contention
led the Respondent to file an appeal in the IPAB against the
order of the Deputy Registrar who granted registration of
“Nandhini” in favour of the Appellant by rejecting the opposition
filed by the Respondent. The IPAB allowed the appeal and the
writ petition filed by the Appellant in the High Court was
dismissed thereby confirming the order of the IPAB.
The Appellant’s contention was that it had honestly conceived
and adopted the mark in Kannada, with artistic work design
and get up, for running an Andhra style restaurant. It has six
branches all over Bangalore and it has been in the business by
using the trademark “Nandhini” since 1989. The stylised mark
“Nandhini” is different from the stylised mark “Nandini” adopted
by the Respondent and therefore the Appellant stated that
there was no question of any confusion arising in the mind of
people as regards the usage of the trademark “Nandhini” by
the Appellant. Further, the Appellant also claimed that the
customers of both the trademarks are entirely different. The
Appellant submitted that as per Section 9 of the Trademarks
Act, 1999 (“Act”), generic words cannot be registered as a
trademark unless they have acquired distinctiveness and are
associated with the person using the said mark. The Appellant
stated that its trademark “Nandhini” is a distinctive mark. The
Appellant also stated that the word “Nandhini” is not an
invented word and the word “Nandhini” represents the name of
a goddess and a cow in Hindu mythology. It was observed by
the Court that the mark “Nandini” adopted by the Respondent
is for dairy product such as milk and milk products, however,
the goods for which the registration was sought by the
Appellant was different even though the goods under both the
marks fall in the same class i.e. class 29. As the Respondent’s
goods are of milk and milk products which fall in class 29, the
Appellant agreed to delete the words milk and milk products
from the specification of goods in its application as per the
directions of the Deputy Registrar and had filed necessary
applications in this regard. The Court examined the facts of the
case including various case laws and relied on the principle
applied in National Sewing Thread Co. Limited Vs. James
Chadwick and Bros which states as follows: The principles of
law applicable to such cases are well settled. The burden of
proving that the trademark which a person seeks to register is
not likely to deceive or to cause confusion is upon the
applicant. It is for him to satisfy the Registrar that his trademark
does not fall within the prohibition of Section 8 and therefore it
should be registered. Moreover, in deciding whether a
particular trademark is likely to deceive or cause confusion that
duty is not discharged by arriving at the result by merely
comparing it with the trademark which is already registered
and whose proprietor is offering opposition to the registration of
the mark. The real question to decide in such cases is to see
as to how a purchaser, who must be looked upon as an
average man of ordinary intelligence, would react to a
particular trademark, what association would he form by
looking at the trademark, and in what respect he would
connect the trademark with the goods which he would be
purchasing. While applying the aforesaid principle to the
present case, the Court observed that the mark “Nandini” and
“Nandhini” are not only different in visual appearance but also
relate to different products. The court also observed that it is
difficult to imagine that an average man of ordinary intelligence
would associate the goods of the Appellant as that of the
Respondent due to the different trade channels of both the
parties. The court also discussed Section 12 of the Act, which
prohibits registration of identical or similar trademarks in
respect of goods which are similar to the trademark already
registered. The court noted that under Section 12(3) of the Act,
honest concurrent use and/or in other special circumstances,
same and deceptively similar trademarks may be permitted to
be registered by the Registrar subject to such conditions as the
Registrar may deem fit. The Court while discussing various
case laws noted that the proprietor of a trademark cannot
enjoy monopoly over the entire class of goods when he is not
using the said trademark in respect of certain goods falling
under the same class. The Court held that the Appellant has
not adopted the trademark to take unfair advantage of the
trademark of the Respondent, and the use of the mark
“Nandhini” by the Appellant in respect of different goods would
not be detrimental to the Respondent. The court also noted
that the Appellant has adopted the trademark in respect of its
restaurant business in the year 1989, soon after the
Respondent started using the mark “Nandini”. The Respondent
could not produce any evidence to substantiate the claim that
by the year 1989 it had acquired distinctiveness in respect of
its trademark. The IPAB and High Court orders were set aside
by the Court and the Court restored the order of the Deputy
Registrar granting registration in favour of the Appellant subject
to deletion of milk and milk products from the description of the
goods pertaining to the mark “Nandhini”.
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8
Christian Louboutin SAS (the “Plaintiff”) was successful in
obtaining an order in its favour against the infringers Ashish
Bansal & Anr. (the “Defendant”) for violating its world famous
‘Red Sole’ trademark by the Defendant. The Plaintiff has
presence in more than 60 countries in the world including in
India. It is also the registered proprietor of the “Red Sole”
trademark in India. The Plaintiff has used a specific tone of
red colour to the outsole of the shoe which has made it
unique and it has become the signature of the Plaintiff. The
Indian consumers have access to the website of the Plaintiff
which has made the Indian customers aware of the various
luxury products offered by the Plaintiff including the shoes
and the “RED SOLE” trademark. The Plaintiff found that the
Defendant has been dealing in counterfeit shoes bearing
“Red Sole” trade mark of the Plaintiff. In the court, the
Plaintiff relied on the worldwide reputation of its well-known
brand “Red Sole” including in India and submitted various
documents, such as, print outs of official website, print outs
of international magazines, print outs of the orders passed in
its favour etc. to substantiate its claim. The Plaintiff
contended that consumers at large can identify a shoe with
red colour sole only with the Plaintiff which is well known for
its high end luxury products. The Court relied upon the case
of Kaviraj Pandit Durga Dutt Sharma vs. Navarattana
Pharmaceutical Lab which stated that if a defendant’s mark
is closely, visually, phonetically similar, then no further proof
is necessary. The Court noted that the essential features of
rival marks are to be considered in determining infringement.
The Court held that the Plaintiff has proved that the
Defendant’s adoption and using of the counterfeit registered
trademark, trade dress, deceptively similar domain name
amounts to infringement of the Plaintiff’s domain name,
trademark trade dress, etc and amounts to passing off
without the authorisation of the Plaintiff and therefore the
Plaintiff is entitled to relief. The Delhi High Court vide its
order dated 31st July, 2018 disposed the suit by passing a
decree in favour of the Plaintiff and against the Defendants
with costs. The Delhi High Court in addition to granting
compensatory damages also awarded punitive damages due
to the loss to goodwill and reputation suffered by the Plaintiff
considering the mala fide conduct of the Defendants.
Relief for Louboutin against trademark infringement
and passing off
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9
Recent Events
Conference on Insolvency and Bankruptcy Code: Learnings, Challenges and Way Forward
18th August 2018, Mumbai
Aniketh Nair, Senior Associate,Clasis Law attended a conference organized by Confederation of Indian Industry on
Learnings, Challenges and Way Forward of the Insolvency and Bankruptcy Code at Hotel Taj Mahal, Colaba on August
18, 2018. The conference focused on the change of the business landscape in current times, the effects of the
Insolvency and Bankruptcy Code (Second Amendment) Bill, 2018, the recommendations of the Committee on bad
loans resolution, lending standards, allocation of capital, valuation, time management and global experiences; litigation
in latest cases and learnings from successful cases under IBC.
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10
World Photography Day
Offbeat
August 19 marks the World Photography Day to celebrate the passion of photography worldwide since 2010. Photography is an amazing art of holding on to something forever. A photograph is a way to feel the emotion and context of that exact moment. Here we bring you some interesting known facts for you to know if you also love to take photographs.
The date celebrates August 19, 1839, when the French government bought
the patent for the daguerreotype and released it “free to the world”.
Daguerreotype, invented in 1837 by Louis Jacques
Mandé Daguerre, was the first practical photographic
process
The earliest known permanent photographic image, however, was created by a more
complex process called heliography invented by Joseph Nicéphore Niépce in 1826.
The minimum exposure time required to create a photograph was approximately eight hours
The world's first color picture was a photograph of a tartan ribbon produced by photographing it
three times through red, blue, and yellow filters, then recombining the images into one color
composite.
The first ever photo of the Moon was taken in 1851 and the first photo of its dark side was
taken in 1959
Astronomer Sir John Herschel made the earliest known use
of the word ‘photograph’ in 1839
The earliest known use of the abbreviation ‘photo’ was
by Queen Victoria in a letter in 1860
Queen Victoria and Prince Albert had a darkroom installed
at Windsor Castle to indulge their passion for
photography.
Thanks to digital cameras on mobile phones,
more than 350 billion photos are now taken
worldwide every year.
Around 250 billion photographs have been uploaded to Facebook.
And, this is how photography was born……
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New Delhi | Mumbai
New Delhi
14th Floor
Dr. Gopal Das Bhawan
28, Barakhamba Road
New Delhi 110 001
T: +91 11 4213 0000
F: +91 11 4213 0099
Mumbai
1st Floor, Bajaj Bhawan
226, Nariman Point
Mumbai 400 021
T: +91 22 49100000
F: +91 22 49100099
www.clasislaw.com
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This publication is not intended to be a comprehensive review of all
developments in the law and practice, or to cover all aspects of those referred
to herein. Readers should take legal advice before applying the information
contained in this publication to specific issues or transactions.
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