Wednesday, 30 October 2019

Unit 8: Legal Environment

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                                             Unit 8: Legal Environment    


The legal environment in India is such that the Indian judiciary is known for its independence and extensive powers.

The High Court or the Supreme Court in exercise of their constitutionally conferred writ jurisdiction is empowered strike down legislation on the ground of unconstitutionality.

The Directive Principles of our constitution suggest that ownership and control of material resources should be widely distributed and there should be no concentration of wealth and means of production.

Before the 1991 amendment, the MRTP law sought to control the concentration of economic power by requiring undertakings that had assets over 100 crores and/or were 'dominant undertakings' to register themselves with the Monopolies and Restrictive Trade Practices Commission.

The Commission can enquire into any restrictive, unfair or monopolistic trade practice (a) upon receiving a complaint from any consumer or a consumers' association, (b) on reference made by Central or state government, (c) on an application made by DGIR, (d) on its own.

The MRTP Act was implemented in keeping with India's adopted political ideology of socialism.

Its basic objective was to restrict the concentration of economic power by restricting and controlling the big companies, but in reality it only restricted and controlled the growth of Indian economy.

In India, Intellectual Property Rights (IPR) fall under item 49 of list - the union list of the 7th Schedule to the Constitution.

India has allowed its pharmaceuticals makers to copy drugs patented abroad since the Notes early 1970s as long as they use different manufacturing processes.

Incrementally Modified Drugs (IMDs) include new formulations, new combinations of active ingredients or new salts or esters of approved compound.

The new patent bill is a sea of opportunities.

It brought numerous business opportunities for the Indian pharmaceutical industry and the industry reaping benefits from it.

The Right to Information Act (RTI) comes into force on the 12th October, 2005 (120th day of its enactment on 15th June, 2005).

The Act extends to the whole of India except the State of Jammu and Kashmir.

Only that part of the record which does not contain any information which is exempt from disclosure and which can reasonably be severed from any part that contains exempt information, may be provided.

, under RTI  The application procedure for requesting information is such that one can apply in writing or through electronic means in English or Hindi or in the official language of the area, to the PIO, specifying the particulars of the information sought for.

Order of the Commission shall be pronounced in open proceedings and be in writing duly authenticated by the Registrar or any other officer authorized by the Commission for the purpose of deciding appeals.

Appellant: A person who appeals for information  Capital Account Transactions: Transactions that tracks the movement of funds for investments and loans into and out of a country  CIC: Central Information Commission  Collective Bidding: Agreement among the contenders for bid to be offered at auction or not to be bid at auction.

IMD: Incrementally Modified Drugs  MRTP: Monopolies and Restrictive Trade Practice  Patents: Grant of property rights by the government to an inventor  Restrictive Trade Practice: One which has, or may have, the effect of preventing, distorting or restricting competition in any manner  SIC: State Chief Information Commissioner     


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