Business Law

Ans 1.
Introduction:
The Biological Diversity Act, 2022:
Biological diversity (aur biodiversity) refers to the variety of life forms that exist in our
ecosystem. Presence of biological diversity is critical for the sustenance and functioning of the
ecosystem in which they are present. Ecosystems provide an array of natural gifts that are
critical for survival of life on earth. For instance, we get oxygen, food Kumar water, soil, fuel,
etcetera., from ecosystem. The ecosystem also provides ecological services such as preventing
soil erosion moderating storms mitigating climate change etc. All these gifts and services that
ecosystems provide us help in supporting life. In the absence of all these, life in all forms would
come to an end.
Like sustaining all life on earth biodiversity is the platform that supports the connection of all
sorts of living microorganisms from several sources across territorial, aquatic, and all aquatic
environments one stop biodiversity is likewise a centre for contemporary and conventional
medications from our food sources and gives natural substances for exchange in business. As
one of the most influential countries in the world and holding the global documents for the
environment of one of the unique species India is dealing with biodiversity dangers because of
population explosion due to change, over exploitation and replication of assets and the
environment first stop and face partial termination natural environment catastrophe brought on
by artificial events, climbing pollution levels, and so on. Misfortunes in biodiversity thus
detrimentally influence all is species on earth, bringing about imbalance in biological system
that in evidently result in the termination of typical environment.

Concepts and Applications:

Environmental sustainability involves making decisions and taking action that are in the
interest of protecting the natural world with particular emphasis on preserving the capability of
the environment to support human life. It is an important topics in the present time as people
are realising the full impact that businesses and individuals can have on the environment. And
where a mental sustainability is about making responsible decisions that will reduce your
businesses negative impact on environment. It is not simply about reducing the amount of waste
you produce are using less energy but is connected with developing processes that will lead to
business becoming completely sustainable in the future.

It is really important that we take care of our environment else we are putting so many lives at
danger such as animals’ plants and crops and even our own. All the ecosystem that makes up
our environment are deeply connected. If we need a good place to live, then we have to take
this issue seriously if we didn't have our environment then we wouldn't have a place to live or
resources to live off. when you live a more sustainable life then you are helping the forest that
we used to live our forests can help give us timber, wood, rubber and even essential oils. when
we work to protect the environment then you are doing something to give back to your
generation after all your generation is the one who is currently using it and living in it.
On 5th June 1992, India signed the United Nations convention on Biological Diversity (CBD).
To give effects to the CBD held at Rio De Janeiro in 1992, the Indian government enacted the
biological diversity act 2002.
The main Objectives of the biological diversity act 2002 are as follows:

• To conserve the biological diversity in India.

• To regulate access to Indian biological resources.
• To ensure fair and equitable benefit sharing arising from the utilization of those
biological resources and knowledge.
• To ensure the sustainable use of the components of the biological diversity.
• To establish governing body such as the national biodiversity authority (NBA) at the
national level, the state biodiversity boards (SBBs) at the state level and biodiversity
management committee (BMCs) at the local level.
Some important Features and Provisions of the biological diversity act, 2002 are as follows:

• The NBA and the SBBs have to consult the BMCs while making decisions related to
bio resources and related knowledge within their respective jurisdiction.
• Knowledge of local communities must be respected and protected.
• Traditional biodiversity knowledge must be protected.
• Benefits derived from the biological resources must be shared with local people because
they act as conservers of biological resources and all related knowledge.
• All the foreign nationals and organizations must seek prior approval from the NBA in
order to obtain any biological resources or knowledge.
• All the Indian scientists an individuals must take prior approval from the NBA for
transferring the results of their research to foreign nationals or organizations.
• Certain biodiverse areas should be declared as biological diversity heritage sites in
order to conserve and develop these areas.
• Threatened species must be protected and rehabilitated.
• Committees to be constituted as per the biological diversity act, 2002 by the respective
state governments.
• Check biopiracy
• Protect the rich biodiversity and the associated knowledge of India against used by
foreign individuals and organization if such organisations and individuals do not share
the benefits that arise due to such biodiversity and organization.
• Indian organizations must give intimation to the respective SBBs if they wish to obtain
any bioresource and the SBB has a right to restrain such organization from obtaining
the said resource if the organization violates conservation sustainable use and benefit
sharing.
 • State governments in consultation with local bodies can notify heritage sites
• Create biodiversity fund at the national, state and local levels and it’s used for
conservation of biodiversity.
• Payment of monetary compensation and other non monetary benefits to the benefit
claimers as the NBA deem fit.
• No person can apply for any intellectual property rights (IPR) by any name in or outside
India for any invention that is based on a research or biological resources obtained from
India without obtaining a prior approval from the NBA.
• BMC has to prepare the peoples biodiversity register (PBR) after consulting the local
people.
In the case of any contravention to this act certain penalties are finalised like as per section 55
(1), imprisonment up to 5 years or fine up to ₹10,00,000 or both can be imposed if there is
contravention of section 3,4 or 6 of this act. these sections related to persons undertaking
biodiversity related activities without approval of the NBA, the results of research not to be
transferred without approval of NBA and application of IPR not to be made without approval
of NBA. under section 56, if there is contravention of directions/orders of central government
state government NBA and SBBs if no penalty is prescribed in any other provisions of the act,
then ₹1,00,000 for the first default, ₹2,00,000 for the second default and additional 2,00,000
per day of continuation default will stop.
in the essence, the biodiversity act mandates approvals from the national biodiversity authority
and to inform state biodiversity authority for people to access and use biological resources our
knowledge associated with it.
Conclusion:
Freely accessible methods any home or standard information not related to an identified entity
or aspect of any kind through a license or government grant. also we have encountered many
years of distressed after such an arrangement. Even though the law has few modest stipulations
India is far from its track record of ground breaking efforts to secure biodiversity will start the
focus should be paid to this biodiversity legislation in neighbourhood network. India's
biodiversity certainly requires excellent security in its natural systems and plans. From 2014 to
2017, the number of endangered species types increased by 7.8%. The motivation behind the
biodiversity act has been the topic of debate. Timely information of regulations can avoid
circumstances that justify conflicts.
Ans 2.
Introduction:
Competition Act, 2002:
the Competition Act, 2002 was enacted on 13th January, 2003 to regulate and governed
competition and related practices in India. It includes a set of criminal and civil provisions that
help in preventing anti-competitive practices in the Indian market. the Competition Act 2002
regulates combinations (acquisitions com acquiring of control, merger). There are 3 negative
instances that are curved out with the help of Competition Act will stop

• The first is when the existing enterprises enter into an agreement among themselves in
order to limit competition in the market.
• The second is their views of dominant position in the market segment.
• And the last is the merger of 2 or more enterprises leading to the formation of
monopolies. This law came into force to restrict practices having an adverse effect on
competition.
There are 4 major elements of the Competition Act 2002 which are as follows.
1. Anti-competitive agreements
2. Abuse of dominant position
3. Combination regulations
4. Competition advocacy.
Objectives of the Competition Act, 2002:

• To provide a legal framework for ensuring the implementation of competition policies.

• to prevent anti competitive practices
• to penalise organisations engaging in any such acts.
• to protect free and fair competition and freedom of trade
• to protect the interests of consumers
• to prevent monopolies
• to prevent needless intervention by the government
• to establish the competition Commission of India (CCI).
Now we will see the two (2) instances where investigations and/or punishments are
initiated/enforced by the authorities set up under the Competition Act, 2002.
Case Law 1: Reliance Big Entertainment Private Limited versus Tamil Nadu Film
Exhibitors Association (CCI) (case number 78 of 2011)
this case was contested between Ms Reliance Big Entertainment Private Limited (hereinafter
referred to as an informant) and Tamil Nadu Film Exhibitors Association (now known as Tamil
Nadu theatre owners’ association). the former was the informant whereas the latter was the
opposite party.
This case was filed by M/s Reliance Big Entertainment Private Limited against Tamil Nadu
Film Exhibitors Association(hereinafter referred to as the ‘Opposite party’ or ‘TNFEA’). under
section 19(1)(a) of the Competition Act 2002 the informant allies that TNFEA had contravened
the provisions of Section 3 and 4 of the act.
the informant organization was incorporated under the provisions of the Companies Act 1956
this organization was engaged in the business of production and distribution of
cinematographic films. TNFEA was a trade association registered under the Tamil Nadu
societies regulation act 1975 and it has control over its members who are film
exhibitors/theatres in Tamil Nadu.
Facts of the case:

• an agreement was made between the informant and M/s Balaji Real Media Private
Limited on 28th July 2011. as per this agreement the informant was entitled to distribute
a film titled ‘Osthi’ in Tamil language. this movie was a remake of Hindi film
‘Dabbang’. this film was to be released on 8th December 2011.
• The informant the informant entered into an agreement with M/s coral TV creations
private limited and granted exclusive distribution rights of the film to M/s Kural TV on
9th September 2011 for Tamil Nadu Kerala and Karnataka.
• the informant entered into an agreement with Ms Sun TV Network Limited on 18th
November 2011 granting the satellite rights of the film
• On 29th number 2011 Shree T Rajhendherr, MD of M/s Kural TV informed the
informant via an email that the TNFEA has decided not to screen the set films in any
of the screen of its member change the set films satellite rights were granted to M/s Sun
TV. Rajhendherr also attached a copy of the letter issued by the TNFEA to its theatre
members on 24th November 2011. Rajhendherr also informed the informant that he
was unable to block and book the theatres because of this act of TNFEA.
• On 29th November 2011, the informant received another email from Sri Ashok Kumar
of M/s PVR Cinemas. PVR Cinemas was a member of TNFEA. in this email, Ashok
Kumar had attached a letter issued by the TNFEA to it on 24th November 2011 in
which the TNFEA has asked PVR Cinemas to check with them before confirming the
said film along with another film viz Mambttiyan.
• The informant also informed the CCI that it had learnt from various newspaper sources
that M/s Sun TV owed some money to a few members of the TNFEA and it had ordered
for recovering all the money from M/s Sun TV by banning all films which are produced
or distributed by M/s Sun TV. TNFEA had also banned films whose satellite rights for
granted to M/s Sun TV.
• The informant told the CCI that the TNFEA ban on its given film on theaters in Tamil
Nadu because it's satellite rights were granted to M/s Sun TV was unfair and were
clearly in contravention of the provisions of the act.
• The informant alleged that TNFEA was acting in an arbitrary manner. The file of the
informant was boycotted by TNFEA with an aim to secure a claim of its members
against a third party, i.e., M/s Sun TV.
 • The Informant claimed that it was not related to the third party in any manner and the
dues that had to paid by it. The informant contented that TNFEA’s decision to ban the
said film was an abuse of dominant position.
On the basis of the above facts od the case, the informant prayed the following.

• TNFEA should be restrained and it should be ordered not to compel its members
for not dealing with film (Osthi) of the informant including all its upcoming films
also.
• TNFEA should be restrained and it should be ordered to now allow to release an
exploitation of the said fil and forthcoming films of the informant
• TNFEA should be restrained from imposing any unfair and unjustified restrictions
on the release of the informant’s said film
• TNFEA should be restrained from entering into any anti-competitive agreements
with its members.
• TNFEA should be restrained from abusing its dominant position.

The CCI considered this case and after considering all the fact, it noted the following.

• M/s Sun TV owner money to a few members of TNFEA.

• TNFEA resorted to arm twisting tactics and threatening and in order to recover its
money by ordering that theatres associated with TNFEA not to exhibit the film which
M/s Sun TV was associated.
Following this, the CCI order the DG to investigate the matter for contravention of section 3
(3) of the act.
The DG submitted its report in which it has concluded that the TNFEA is the biggest and most
powerful association of cinema theatres owners in Tamil Nadu, and it is in a position to control
the market and restrict the services in the market for the producers and distributors.
the case proceedings took place for a considerable amount of time and the CCI past and order
the main points of the order are as follows:

• CCI directed the TNFEA not to indulge in such anti-competitive conduct in future.
• CCI imposed penalty on TNFEA.

Case Law 2: CCI imposes Rs 6,700 crore fine on 10 cement companies, including ACC,
Ultratech and Lafarge for cartelization.

Facts:
Few years back builders association of India had filed a complaint alleging that the cement
companies using the platform provided by CMA and share details relating to prices, capacity
relation, production and despatch and thereby restricted production and supplies in the market.
Further, it also alleged that this cement companies were acting in concert in fixing prices of
cement. The Commission noted the action of the cement companies and CMA as Being not
only detrimental to the interests of consumers but also as detrimental to the whole economy as
cement is a critical input in construction and infrastructure industry hence vital for the
economic development of the country.
CCI further noted that such interaction between cement companies using the platform made
available by CMA transgressed the limits in sharing of information and extended to discussions
on cost prices production and capacities, thereby facilitating the enterprises to determine prices
and production in a concerted and collusive manner rather than in a competitive manner. This
cement companies and CMA have also been directed to seize and desist from indulging in any
activity relating to agreement understanding or arrangement on prices production and supply
of cement in the market.

Order Passed
The Competition Commission of India asked 11 cement companies and their lobby group
cement Manufacturers Association (CMA) to pay a fine of rupees 6714 crore for alleged
circulation. refer the below for representation of the fines imposed on the CMA.

**Figures in Rs Crore
ACC 1,148 Binani Cement 167 Lafarge 490
Century
Ambuja Cements 1,110 274 Ramco 259
Textiles
Ultratech 1,155 India Cement 187 Shree Cement 397.51
Jaiprakash Cement Manufactures
1,324 JK Cement 129 73
Associates Association

Cement companies are likely to appeal the order in the appellate tribunal. A final decision could
take years to come as any decision will be subject to further appeals. These CCI noted that the
cement companies used CMA platform and share details relating to prices capacity licence
production and despatch which allowed them to restrict supplies in the market the government
said in a statement on the commissioner’s order.
“The action of the cement companies and CMA is not only detrimental to the interest of
consumers but also detrimental to the whole economy, as cement is a critical input in
construction infrastructure industry and that is vital for economic development of the country
the CCI said in its order”.
The Competition Commission of India has imposed penalty upon 10 cement companies and
their trade association that is cement Manufacturers Association for circulation in the cement
industry. the final orders has been passed by CCI pursuant to the directions issued by
competition appellate tribunal remand in the matter back while setting aside the original order
of CCI. The information in the present case was filed by builders association of India under
section 19(1)(a) of the Competition Act 2002 against the cement companies and CMA alleging
contravention of the provisions of the act.

Ans 3(a)
Introduction:
Intellectual property law:
the current era is characterised by knowledge and information technology. With these trends
the term intellectual capital has been popularised. Intellectual capital means the sum total of all
intangible assets of a business such as human capital structure capital and relationship capital.
In recent decades, there has been a remarkable increase in cross border and global transactions
which have led to an increase in intellectual property and related rights.
Now, organisations are going global and are selling their goods and services in various
countries across the globe. It must be remembered that intellectual property rights IPR our
country specific. Therefore, specific IP hours and laws of the country where an organization
wants to do business must be ascertained.
In India there is a well stabilised statuary administrative and judicial framework for
safeguarding IPRs. India is a member of the WTO and is a signatory of TRIPS agreement. The
TRIPS agreement is an international and legal agreement sign between all member countries
of the WTO. It means that India complies with the obligations under the TRIPS agreement by
introducing and amending different laws relating to IPRs.
Various intellectual properties such as patents trademarks and copyrights have been protected
in India. For example, various international trademarks have been protected in India by the
Indian courts in the past although these trademarks were not registered in India. Also various
computer database and software programs have been protected under the copyright law in
India. Copyright law has also helped in restricting the privacy of creative work through judicial
and intervention. In India trade secrets and know how are not protected under any IPRs law.
However, these are protected by the common law of India. Trade secrets are protected using
the law of breach of confidentiality. A copyright includes the right of artist performance,
producers of syllables in their recording radio broadcasting and television programme.
There are 7 forms of IPRs as identified by TRIPS provisions of WTO which are as follows:

• Copyright
• Patents
 • Trademark
• Design
• Geographical indications
• Integrated circuits
• Trade secret
I have mentioned various intellectual property rights above and now I need to choose the ideal
one for Samanyu and Samaira so that they can protect their business name and recipes as well.
As per my view they should choose copyright option which can solve their queries. A copyright
is essentially a right not to copy someone's work. A copyright gives the owner of the subject
and exclusive right over his work. If a work is protected by copyright no one can imitate copy
reproduce the original work in any other way to stop a term of copyright in India is 60 years.
It is not mandatory to get copyright protection but always advisable to do so because it will
give the owner a certain set of minimum rights over his work and the protection that no one
will be able to copy his work for a minimum period of time. This satisfaction will always
motivate the owner to do more work and create more items. To protect the brand name, they
can go for registering trademark. Registering your business name does not mean you
automatically have trademark rights. If you are using your business name as your trademark
you can also register your business name as a trademark.

Ans 3(b)
As discussed in the first part of the solution Samanyu and Samaira can register their brand and
recipes under trademark and copyright so that others do not copy the same. There are various
civil as well as criminal remedies available under intellectual property rights rules first of I will
discuss about civil and criminal remedies mentioned for copyright and trademark infringement
as below.
Civil and criminal remedies under various intellectual property laws.

• Copyright Infringement: infringement of copyright will be there if any unauthorised

person or entity uses or copies the work of other person without permission. It is quite
common in various fields and accordingly various civil as well as criminal remedies r
there. The copyright law in India provided for remedies to be made available to the
author against a copyright infringer. The Copyright Act, 1957 provides to an author
both civil and criminal remedies they are:
➢ Civil Remedies: Provide for injections damages, interpretation of accounts delivery
and destruction of infringing copies and damage for conversion.
➢ Criminal Remedies: Provide for infringement fines, seizure of infringing copies and
delivery of infringing copies to the owner.
 • Trademark infringement: trademark infringement is quite similar to copyright
infringement where the trademark of similar mark is used by other person or entity
without the knowledge of person or entity to whom the trademark is belonged.

➢ Civil Remedies: even in this case injection is under civil remedy which can be of 2
types that is perpetual and temporary injunction. damages can be claimed by the
aggrieved party on grounds that the exclusive right of using the red marks he owns has
been seized and this subsequently has led to him or his enterprise suffering losses.

➢ Criminal remedies: under the criminal remedies imprisonment fine and punishment is
included. Under section 103 of trademark act, in case of trademark infringement 6
months of imprisonment could be there which can further extend to 3 years. Under
section 104 of the same act find me also be imposed of ₹50,000 which could also be
increased to the extent of ₹2,00,000. An inflating version of punishment is laid down
under section 105 of the same act.

Based on above discussion, it can be said that trademark copyright and other intellectual
properties are very much helpful for the business and whenever required people should use the
same and conduct the business activities without any fear of tension. even after that if there is
a case of copyright or trademark or other infringement various civil as well as criminal
remedies are specified under appropriate acts which protects the right of registered person
under these acts and provisions. Samanyu and Samaira should not worry about the same and
registered trademark as well as a copyright for their food truck business.