Month: July 2021

About Us

JPMorgan Chase & Co., one of the oldest financial institutions, offers innovative financial solutions to millions of consumers, small businesses and many of the world’s most prominent corporate, institutional and government clients under the J.P. Morgan and Chase brands. Our history spans over 200 years and today we are a leader in investment banking, consumer and small business banking, commercial banking, financial transaction processing and asset management.

We recognize that our people are our strength and the diverse talents they bring to our global workforce are directly linked to our success. We are an equal opportunity employer and place a high value on diversity and inclusion at our company. We do not discriminate on the basis of any protected attribute, including race, religion, color, national origin, gender, sexual orientation, gender identity, gender expression, age, marital or veteran status, pregnancy or disability, or any other basis protected under applicable law. In accordance with applicable law, we make reasonable accommodations for applicants’ and employees’ religious practices and beliefs, as well as any mental health or physical disability needs.

About the Team

Our professionals in our Corporate Functions cover a diverse range of areas from finance and risk to human resources and marketing. Our corporate teams are an essential part of our company, ensuring that we’re setting our businesses, clients, customers and employees up for success.
With large, global operations, the Legal team tackles complex issues and helps shape the regulations that affect the businesses. The group is organized into practise groups that align with the lines of business and corporate staff areas, which encourages collaboration on legal, regulatory and business developments as they arise.

POSITION DESCRIPTION

Job Overview

Associate and Legal Counsel –  AWM LRCM Team

JPMorgan Chase & Co. (NYSE: JPM) is a leading global financial services firm with assets of $2.6 trillion and operations worldwide. The firm is a leader in investment banking, financial services for consumers, small business and commercial banking, financial transaction processing, and asset management.

The Legal Department of JPMorgan Chase & Co (“JPMC”) is responsible for providing legal services to the Corporation and is organized by practice groups that generally conform to the Corporation’s lines of business (“LOBs”) and corporate staff areas, allowing the legal staff to work closely with specific groups on a daily basis.

J.P. Morgan Asset and Wealth Management (AWM) is one of the largest asset and wealth managers in the world.  AWM serves distinct client groups globally through multiple businesses:  institutional and retail clients through Asset Management (AM), and high-net-worth and ultra-high-net-worth clients through the Global Private Bank.  AWM offers global investment management in equities, fixed income, real estate, hedge funds, private equity and liquidity.  AWM also provides trust and estate, banking, and brokerage services to high net worth clients, and retirement services for corporations and individuals.

JPMorgan’s Legal Department seeks an experienced lawyer to support its Legal & Regulatory Change Management (LRCM) efforts.  This lawyer will be charged with supporting the process for reviewing and synthesizing legal and regulatory developments, assessing whether laws or regulations impact products and services provided by AWM, and engagement of legal subject matter experts across the firm, as needed.  The selected candidate will also support efforts to monitor for regulatory developments in specific areas of law relevant to AWM. 

Location and Reporting Lines:

The location of this position is Mumbai, India, at the J.P. Morgan Mumbai Corporate Centre (“MCC”) functionally reporting to the Legal Lead for AWM Office of the Legal Obligations in the United States, and to a local supervisor at the MCC.

Job Responsibilities:

• Support AWM’s LRCM efforts, including the process for reviewing and assessing regulatory developments.
• Monitor and research laws and regulations relevant to AWM, including U.S. and non U.S. laws.  The initial focus will be on laws relevant to the Global Private Bank’s Trusts & Estates business with potential expansion into other relevant areas of law.
• Prepare concise summaries of developments; make recommendations to attorneys on the relevance of the developments and their potential impact to AWM. 
• Prepare/maintain matrices used by legal and the business, with oversight from legal subject matter experts.
• Support the maintenance of relevant legal obligations in the firm’s Enterprise Library Application (ELA), and provide appropriate notifications to AWM’s legal and regulatory change management team.
• Participate in meetings to discuss regulatory developments with stakeholders.
• Correspond and collaborate with paralegals, attorneys, and other professionals on legal and regulatory issues impacting multiple LOBs.
• Conduct additional legal research and participate on special projects, as needed.
• Provide other support that may be requested of the Legal Department from time to time.

Required Skills:

·         Fluent in written and spoken English, with excellent English writing and communication skills.

·         Law degree and membership in jurisdictional organization. Attorney candidates must be in compliance with all relevant licensing requirements including the requirements of the jurisdiction where the role will be located prior to commencement of employment.

·         3-5 years of experience in financial services law.

• Excellent legal research skills, including experience with Westlaw or similar services.

·         Strong analytical thinker who is detail-oriented, practical and skilled at issue spotting and problem solving.

·         Self-starter who is able to work collaboratively in a high performing team, takes ownership of responsibilities and projects, is results-oriented and flexible.

• Ability to multitask and prioritize work in a fast-paced, complex business environment and maintain communication with attorneys regarding project status and estimated completion timelines.
• Competence with the suite of Microsoft Office products, including Microsoft Excel.
• All candidates for roles in the Legal Department must successfully complete a conflicts of interest clearance review prior to commencement of employment. 

Preferred Skills:

·         LLM preferred.

·         Experience or interest in financial services regulation.

·         Knowledge of the U.S. legislative and regulatory process.

·         Experience studying or working in a common law jurisdiction (e.g., UK, US, Australia).

·         Intermediate or advanced knowledge of Microsoft Excel.

·         Technological mindset and/or background is a plus.

How to Apply?

https://jpmc.fa.oraclecloud.com/hcmUI/CandidateExperience/en/sites/CX_1001/job/210084684/?utm_medium=jobshare&src=LinkedIn_JPMC

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About Thomson Reuters Foundation

The is Thomson Reuters Foundation corporate foundation of Thomson Reuters, the global news and information services company. As an independent charity, registered in the UK and the USA, we work to advance media freedom, foster more inclusive economies, and promote human rights. Through news, media development, free legal assistance and convening initiatives, we combine our unique media and legal services to drive systemic change.

We use the combined power of journalism and the law to build global awareness of critical issues faced by humanity, inspire collective leadership and help shape a prosperous world where no one is left behind.

TrustLaw

Legal projects facilitated through TrustLaw range from everyday operational and commercial matters – such as corporate structuring, intellectual property, non-profit governance or employment advice – to large-scale cross-border legal research projects. Research projects are based on NGO and social enterprise priorities across social or policy issues ranging from freedom of expression and social innovation policy, to human trafficking and data and digital rights, with a growing number in Thomson Reuters Foundation’s focus areas of media freedom, inclusive economies and human rights.

The Role

The Foundation is recruiting a highly skilled and dynamic Legal Programme Manager to grow and strengthen our award-winning TrustLaw programme across Asia. We have a growing presence in the region but see great potential for continuing to broaden and deepen the reach of our service, particularly across the Foundation’s focus areas of media freedom, inclusive economies and human rights. The position would be based in Mumbai and work closely with our Asia Legal Officer, who is based in Mumbai, and our Asia Programme Officer, who is based in Thailand, both of whom provide support to TrustLaw’s activities across the region.

Responsibilities may include:

• Designing and implementing strategies to expand and strengthen the TrustLaw service, ensuring we serve the best NGOs, social enterprises and legal teams and we deepen TrustLaw’s work across the focus areas of media freedom, inclusive economies and human rights.

• Managing relationships with key TrustLaw members and facilitating their engagement with the service, through hosting events and regular communications.
• Scoping legal pro bono requests from our community of NGOs and social enterprises so that the requests clearly explain the legal needs.
• Managing pro bono requests, including connecting the pro bono client with lawyers and following up with the parties involved.
• Designing and managing multiple cross-border research programmes that address the most critical social and policy needs facing our NGO and social enterprise members.
• Line management of a Programme Officer based in Bangkok and a Legal Officer based in Mumbai.

• Providing leadership or support, as appropriate, in the design, implementation and resourcing of strategic Thomson Reuters Foundation projects in the region or globally.
• Design and execute a robust communications strategy that includes member events and promotion of TrustLaw publications.
• Representing TrustLaw and the Thomson Reuters Foundation by speaking publicly about our work at conferences and other events.
• Maintaining a high profile in Asia by supporting and coordinating events for TrustLaw and the Thomson Reuters Foundation, including working group, panel discussions and workshops, among others.
• Assist with other duties as required.

The candidate

• An experienced lawyer (5+ years) with strong legal skills and experience in pro bono and in international development or social change
• Commercial experience with a law firm or in-house would be favourable.
• A strong understanding of the legal and non-profit sectors in Asia, and an understanding of the challenges and opportunities that pro bono opportunities bring to law firms and legal teams.
• Proven organisational abilities and experience of managing competing priorities in a fast-paced environment.
• Extensive experience project managing projects or programming in the charity, non-profit, or pro bono sectors.
• Extensive experience working with a diverse range of stakeholders, from senior corporate executives and partners of top law firms to social entrepreneurs, NGOs, and any other beneficiaries of our services.
• Proven experience and knowledge of one or more of Thomson Reuters Foundation’s focus areas (media freedom, inclusive economies and/or human rights)
• Experience conducting due diligence, monitoring the effectiveness and impact of NGOs and social enterprises.
• A leader who is able to direct global strategy and manage multiple high-level projects consecutively
• A strong team player, able to work remotely and communicate effectively with a global team.
• Experience managing a team.   
• Experience designing tailored pitches and presentations to a variety of senior commercial stakeholders and articulating social impact in a commercial context.
• An exceptional communicator with strong writing skills and extensive public speaking experience.
• Is ambitious, dynamic, and creative.
• Experience in Salesforce would be favourable.  Experience using and managing information in databases required.
• Strong understanding and ability to use a range of software tools, including Microsoft Office, CMS, Eventbrite, etc.
• Fluent in English, other languages favourable.
• Willingness to travel internationally.

To apply for this position, send your CV and cover letter in English describing how you meet the specifications for this role, what you bring to it, and your availability to start.  Applications without a cover letter will not be considered.

The salary is relative to the local charitable sector in the country of application and will be commensurate with experience. 

Applicants must have the right to work in India.

How to Apply?

https://jobs.thomsonreuters.com/job/13055323/legal-programme-manager-asia-mumbai-in/

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About the Company

An ultimate platform providing all legal & accounting services, to cater specific requirements. Get the best quality personalized solutions for your problems in one go. A well-thought-of company deals in GST services, Fintax LEDs, Insurance & Banking Services, and a lot more. Get the Best deals, offers, security & assistance with us! We are authenticated & logical with a determined mindset. Let’s shake hands and explore with Fintax Technologies!

About the job

Position: Company Secretary Associate
Experience: 0-2 Yrs
Location: Noida
Immediate Joiner
Comfortable to work from office

Work and Responsibilities:

•Compliance with ROC & routine secretarial matters including Incorporations of Companies. Handling GST, Trademark and FOSCOS. Assisting and Handling secretarial Audit and preparation of Secretarial Audit Report. Liaising with internal and statutory Auditors of the Company.

-Drafting & Preparation of Legal Documents.
-Assisting in Start-up Mentoring.
-Assisting in Conducting Due Diligence Audit for SME listed Companies.
-Maintenance of all statutory records and Registers.
-Compliance under FDI and ODI related matters.
-E-filing including Annual Filing.
-Drafting & Preparation of Agenda, Notice, Minutes, Resolutions, Agreements, PAN, TAN and other legal documents required under Companies Act 2013.

•Handling all ROC compliance under Companies Act 2013 including E-filing of all required forms via MCA portal.
Incorporation of Companies, LLP, TRUST, and Societies
Drafting Utilization Certificate.

-Labour law Compliances
-Ancillary work related to GST Compliances.
-Drafting & Preparation of Documents related to -Incorporation and other ROC Compliances.
-Responsible for all company secretarial functions, duties & responsibilities and dealing one to one with the client.
-Conducting of Board and General Meetings of the Company.

•Incorporation of Public. Private, One person Company and LLP.

-Maintenance of all statutory records and Registers.
-Compliance under SEBI LODR Regulations 2015 as updated from time to time.
-Liaising with internal and statutory Auditors of the Company.
-Conversion of public to private companies, Society to Section 8 companies.

How to Apply?

https://www.linkedin.com/jobs/view/2650564802/

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ABOUT SABIC

SABIC is a global diversified chemicals company, headquartered in Riyadh, Saudi Arabia. SABIC manufactures on a global scale in the Americas, Europe, Middle East and Asia Pacific, making distinctly different kinds of products:  chemicals, commodity and high-performance plastics, agri-nutrients and metal

SABIC supports its customers by identifying and developing opportunities in key end-use applications such as construction, medical devices, packaging, agri-nutrients, electrical and electronics, transportation and clean energy. Production in 2019 was 72.6 million metric tons.

SABIC has more than 33,000 employees worldwide and operates in around 50 countries. Fostering innovation and a spirit of ingenuity, SABIC has 12,540 global patent filings and has significant research resources with innovation hubs in five key geographies – USA, Europe, Middle East, South Asia and North Asia.

JOB PURPOSE

1) Primary responsibility for supporting Sr. Manager Compliance in building and maintaining a robust compliance and integrity culture and Compliance and Ethics (C&E) Program,

2) Conduct or assist Sr. Manager Compliance to timely conduct through investigation within APAC, in close collaboration with other functions including legal, IA, Finance, etc.

Org Unit Name:  Compliance Asia
Location:  India-Gurugram, India-Bangalore 

Job Responsibilities

1. Global Compliance Programs -support the Senior Compliance Manager APAC in managing SABIC’s ethics and compliance program in APAC and globally.
2. Region / Country Compliance Initiatives – deeply understand local compliance challenges and opportunities, and develop corresponding plans and initiatives to enhance compliance culture and the effectiveness of compliance programs at region or country level.   
3. Investigation – coordinating and leading compliance investigations, in close collaboration with the Senior Compliance Manager APAC, the global Legal-Compliance team and other functional team like HR.
4. Analysis and Reporting – support the Senior Compliance Manager APAC on proper compliance case data management and will be requested to prepare internal reports on trends and analysis for APAC leadership or the global Compliance Function. When required, you will interact with external authorities.
5. Training – Assist in the development and execution of training strategy in the APAC region; develop and provide in-person and remote trainings on compliance-related policies and subject matter
6. Compliance Guidance – Provide counsel and advice to business partners regarding the Code of Ethics, and compliance-related matters including anti-corruption, conflict of interest, controllership, trade compliance, etc.
7. Business Partnership – Partner with key stakeholders to better support awareness of the ethics and compliance program and gain leadership ownership and engagement in promoting an ethical culture at region and country level. Participate in business meetings and deliver presentations to managers and other partners about the ethics and compliance. 

MINIMUM EDUCATION/EXPERIENCE REQUIREMENTS

• 5-7 years of experience in building and maintaining a compliance/ethics program as an in-house counsel with minimum 2 years investigation experience. Private practice in an international setting is preferred;
• Legal background, Indian lawyer bar required, preference for a master law degree;
• High level of integrity; strong compliance focus and knowledge of legal/ regulatory environment;
• Proficiency in the English language (which is the working language within SABIC) is a must; Knowledge of one or more other languages is a plus;
• Experience with compliance case data management tools, compliance investigations and compliance reporting is preferred;
• Strong verbal and writing communication and presentation skills;
• Strong analytical skills;
• Business oriented personality;
• A strong, yet flexible personality that is able to operate in a multi-cultural and multi-jurisdictional environment;
• A can-do, no-nonsense attitude with a pragmatic and common sense approach.

EQUAL OPPORTUNITY EMPLOYER (EOE) STATEMENT
SABIC is committed to creating a diverse work environment and is proud to be an equal opportunity employer and as such will not discriminate in its employment practices, including recruiting and hiring practices, based on a person’s race, color, religion, national origin, citizenship, sex (including gender identity, sexual orientation and pregnancy), age, disability, genetic information, veteran status, or other characteristics protected by law.

How to Apply?

https://jobs.sabic.com/job/Gurugram-Compliance-Counsel-APAC/649537723/?locale=en_GB

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What is Negligence

Negligence is conduct that falls below the standard prescribed by law for the protection of others against unreasonable risk or harm. Negligence under Torts has the following three constituents-

• A legal duty owed to someone to exercise reasonable care
• Breach of such duty
• Damage arising from such breach

For determining whether a person was negligent or not, the test of the reasonable man is applied, i.e. whether a reasonable man in similar circumstances as the defendant would have foreseen the risk and avoided it by taking precaution. Now you must be wondering who is this reasonable man? To answer your question, he is neither infallible nor perfect. He is an average man of a community. To quote Lord Macmillan, “Some persons are by nature timorous and imagine every path beset with lions, while others are of robust temperament who nonchalantly disregard the most obvious dangers, the reasonable man is neither very bold nor very cowardly.” 

Professional Negligence

Medical and legal practitioners, CAs, consultants, etc belong to the professional world and are persons of skill. Hence, the maxim spondes peritiamartis  (meaning-if your position implies skill, use it) applies to them.

Professions and professional people are different from others on four grounds-

• Nature of work majorly involves skill and application of mind on a larger extent than the physical input.
• They are governed by professional associations that oversee the working and conduct of its members, make sure the standards are met, handle the admissions, etc. besides multiple other things.
• Professionals are committed to moral principles that go way beyond the general principles of morality etc. Ever heard of the Hippocratic Oath?

Hence, it is an established principle that they are expected to show the care and skill of the member of his class and not that of an ordinary person.

Medical Negligence

The medical field is a noble profession and imposes a higher degree of responsibility on the persons professing it, hence it calls for a treatment with a difference.

McNair J. in Bolam’s case (Bolam v Friern Hospital Management Committee, 1957) laid down the tests to examine the degree of care to be exercised by medico-professionals and it is in practice in India. He listed them as follows:-

• The Standard laid down was that of a “reasonable average” as Law does not require a professional to be extraordinary.
• A professional is supposed to possess a corpus of knowledge and shall not bring any less expertise or skill than the ordinary members of his profession.
• He shall be aware of all the developments, advances, and discoveries in his field.
• He shall be aware of deficiencies in his knowledge and skills, the hazards and risks in any professional task that he undertakes. 

Three criteria were given, if fulfilled the test would show a positive result-

• There existed a usual practice.
• It must be proved that the defender did not adopt that practice.
• And the most important criteria- the course that the defender adopted, no professional man of ordinary skill would have taken it in that very circumstance, acting in ordinary care.

Concluding it, a medical practitioner would be negligent if he did not act by the standards of a reasonably competent medical practitioner at that time.

Bolitho Test

As contrary to Bolam Test, Bolitho test lays down that the Court should not accept a defense argument as being “reasonable”, “respectable” or “responsible” without first assessing whether such opinion is susceptible to logical analysis. Meaning, that if a professional opinion fails to withstand logical analysis, the Court will not consider it as responsible or reasonable. This in turn increases the burden on the medical practitioner to prove his case and makes more room for compensation. While it may sound appeasing from the plaintiff’s POV, it is worth mentioning that Indian Courts have only mentioned the Bolitho test twice over the years. I guess they have had their doubts to inculcate it in our justice system. On the other hand, England can be seen adopting it in its full form.

Remedies Available

1. MEDICAL COUNCIL OF INDIA

It is the governing body of the medical profession that monitors the medical practice in India and formulates rules, set standards, etc amongst various things.

Plaintiff can file a complaint of medical negligence with the concerned State Medical Council, which will then look into the allegations and the accused response as per the prescribed procedure and will decide on the merits of the case. If the accused is found guilty, action will be taken against him, most probably resulting in cancellation of his registration or suspension. The only demerit is that Indian Medical Council Act, 1956 does not provide any provision for compensation to the aggrieved.

2. CIVIL LIABILITY UNDER CONSUMER FORUM

This was not an option before but after the case Indian Medical Association v. V.P. Santha (1996) SC, it has emerged as a remedy to the absence of compensation to the aggrieved by the Medical Council of India. This case is discussed in the latter part of the article.

3. CRIMINAL LIABILITY

For negligence to amount to an offence, the element of mens rea– guilty mind, needs to be there. The basic difference between civil and criminal negligence is that the negligence of the grossest kind or very high degree only would amount to criminal negligence. The plaintiff, in this case, would have to file a complaint with police authorities as per CrPC.

Some Judgments Related to Medical Negligence

Dr. P. Narsimha Rao v. G. Jayaprakasu (1990)- In this case, while performing a surgery, the anesthetic was negligent that led to the blocking of respiration of the patient. This was seen by the surgeon too who without obtaining the condition of the patient from the anesthetic operated on the patient that led to the brain damage of the patient. Both anesthetic and the surgeon were held liable by the Andhra Pradesh High Court for medical negligence.  

Poonam Verma v. Ashwin Patel (1996)- The defendant was a homeopathic physician and was found violating his statutory duties by prescribing allopathic medication to the plaintiff. Hence, the Supreme Court held him guilty of negligence and to pay damages.

Malay Kumar Ganguly v. Sukumar Mukherjee (2010)- In this case, the Supreme Court held that the duty of care imparted on medical professionals includes the duty to disclose possible side effects of medicine or alternative treatments and if they fail to do so it would amount as medical malpractice. But an act that may constitute rashness or negligence would not amount to an offence u/s 304A, IPC 1860. 

Consumer Protection Act, 1986 and Medical Negligence

As mentioned earlier, the plaintiff aggrieved from medical negligence had no provision for compensation. Then came Consumer Protection Act in 1986 but still the situation was same as the stand was not clear, whether medical services came under Consumer Protection Act or not. Besides SLPs against the decision of the subordinate Court, a writ petition was filed in the Supreme Court under Article-32.  To decide upon scope and jurisdiction of The Consumer Protection Act, 1986.

Indian Medical Association v. V.P. Santha (1996)

Following points were laid down by the Supreme Court in this landmark judgment: –

• Medical services are to be treated as a part of “services” u/s 2(1)(o) of the Consumer Protection Act irrespective of the fact that medical practitioners are subject to the disciplinary control of the Medical Council of India under the Medical Council Act,1956.
• Medical service is not a contract of personal service as there is no master-servant relationship.
• Extent /scope of services rendered by medical practitioners and the hospital, clinics, etc under The Consumer Protection Act.

• Employment of a medical officer to render medical services to the employer- contract of service- not a part of “services” under The Consumer Protection Act.
• Services rendered by medical practitioners “free of charge” to everybody- not a part of “services” under The Consumer Protection Act.
• Services rendered by non-governmental hospital/nursing home or governmental hospital/clinic “free of charge”- not a part of “services” under The Consumer Protection Act.
• Services rendered by non-governmental hospital/nursing home or governmental hospital/clinic/health centre/dispensary availed at charges- part of “services” under The Consumer Protection Act.
• Services rendered by non-governmental hospital/nursing home or governmental hospital/clinic/health centre/dispensary, at charge for Those who are in a position to pay and free for others- part of “services” under The Consumer Protection Act.
• If the person is availing of medical services and has taken insurance policy, charges being borne by an insurance company- part of “services” under The Consumer Protection Act.
• Where employer bears charges of medical services of an employee and his dependant family members-part of “services” under The Consumer Protection Act.

CONCLUSION

Doctors all over the world are given the status of that equal to God, because of the nature of their work of treating the sick and giving life. In current times of ongoing pandemic, their duties have become even more severe and despite that fact, they relentlessly, without thinking about themselves, continue to serve. But amidst all this, we forget that at the end of the day they are humans only, capable of making errors. Given the nature of their work, it is prudent to exert a legal duty of reasonable care as that of a reasonably competent practitioner at that time and not impose any extraordinary standards to be maintained by them.

No doubt the Supreme Court in V.P. Shantha’s case put a huge debate to rest and also clarified the law related to medical negligence under The Consumer Protection Act. But the system of liability which is established under CPA by V.P. Shantha case, in my opinion, is not apt in its entirety as it excludes patients who seek medical treatment from hospitals under free of charge scheme. It is a question of common conscience and equity as persons who are availing such free services are not economically sound to support medical expenses. And to exclude them from getting compensated for medical negligence under CPA  seems morally and logically wrong. Hence, it needs reconsideration. 

In the end, I will leave you with a question- Do you feel that this exclusion (the patients seeking medical services free of charge from getting compensation under The Consumer Protection Act) somewhat leave loose ends to the very objective of why compensation for medical negligence was acknowledged in the first place? While pondering over it, keep in mind the economic structure of our country and the quality of medical services provided by these “free of cost” institutions.

This article is written by Munmun Kaur, a law student at Law Centre-I, Faculty of Law, Delhi University.

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The 4th edition of Amity University Madhya Pradesh (AUMP), Model United Nations is scheduled to take place on 23rd & 24th August 2021 at Amity University Madhya Pradesh, Gwalior. [ONLINE]

This is our effort to bring together the bright and inspiring minds of the world and provide a forum for meaningful debate on issues significant to the international community. This conference will help to gain some profound perspective for the art of diplomacy, value leadership and encourage team spirit, and build skills in public speaking, research, and debate.

AUMP MUN 4.0 is offering a remarkable chance to you for developing unparalleled leadership qualities, gaining more insight into international relations and tackling complex global issues. 

Carrying forward the legacy of success and diplomacy, AUMP MUN’ 4.0 will have SIX committees simulated with their respective agendas:

1. United Nations Security Council 

Agenda: Resolution of Israel-Palestinian conflict with special emphasis on prevention of armed aggression and determining citizenship of Palestinian people. 

2. United Nations Human Rights Council 

Agenda: Protection of Human Rights in conflict areas with special reference to Myanmar and Afghanistan. 

3. United Nations General Assembly: DISEC 

Agenda: Discussing armed conflict and aggression in the Middle East with special emphasis on terrorism funding and Iran’s violation of NPT.

4. United Nations General Assembly: Legal 

Agenda: Expansion of the jurisdiction of the International Criminal Court 

5. Lok Sabha 

Agenda: Discussing the impact of Farm Laws 2021 on Indian agriculture sector and seeking to modernise it in tandem with and inclusive of the aspirations of farmers. 

6. All India Political Party Meet 

Agenda: Reviewing the Centre-State relations in the light of COVID-19 pandemic.  

We also have International Press (IP) as a committee.

Fees

IP Member fees: INR 200/-

Delegate Fees: INR 350/-

Registration

For delegate registration, click here.

For IP registration, click here.

For country matrices, click here.

Contact

For any query, please contact:

Ayushman Pyasi – +91 79998 60955

Ishika Shrivastava – +91 6266 213 862

E-mail: aumpmun@gmail.com

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BACKGROUND

The entertainment industry in India is one of the biggest sectors of its kind in the world having access by people all around is estimated to generate a striking revenue of approximately USD 35 billion.

With digitalization and globalization gaining impetus in the production of content; the media and entertainment industry is thriving through momentum due to dilution and ease in relaxations of various regulations in the governance of the broadcasting sectors by the government. 

The intangible rights like Creative works and innovative works coupled with unique creations of the inventor, essentially implying Intellectual Property Rights (IPRs) often demands protection from data theft, duplication, and piracy concerns.

Though, the impact of COVID-19 has caused the sudden transition from physical to online presentation and consumption of content precipitated by the COVID-19 stay-at-home the Media and Entertainment industry quite succumbed to the various copyright issues.

INTRODUCTION

In this paper, the impact of the coronavirus pandemic on the media and entertainment industry of India along with the legal issues faced by copyright infringement is being studied. The intervention of the courts along with the remedies available is also being deliberated upon.

What are Copyright Infringement and Copyright Piracy?

Copyright is a term that indicates a tool acquired by the media and entertainment industry (hereinafter referred to as M&ES) to protect the original and creative invention of the creator to restrict the unauthorized access of the work. The material is safeguarded by copyright provisions and the owner (inventor) of the intangible asset has the exclusive right for its application. There is a need to protect the original work of the owner from the hazards of copyright piracy and infringement to preserve the efforts of the owner’s creation.

Copyright Infringement

In general, terms, when the creation of the owner is accessed in an unauthorized manner it gives rise to an infringement of a person’s Intellectual property (IP). 

Copyright Piracy

Piracy generally is theft or duplication or unauthorized use of the original creation of the owner without any prior consent or approval which has been guarded by the Copyright Act.

Copyright piracy affects both the economic and the creative aspects of the inventor’s property. 

For instance: If someone reproduces a song with some variance and distributes the same through all mediums of communication without any prior authorization of the owner, it amounts to copyright piracy.

LEGAL ISSUES PERTAINING TO M&E and IN TIMES OF COVID-19

1. Unlawful utilization of user-generated content
2. Unlawful Collection of Copyrighted Content through social media platforms
3. Copyright Infringement concerning Music Piracy
4. Copyright Infringement for Cinematographic Piracy
5. Plagiarism of Script
6. Trademark law in the M&E industry

1. USER-GENERATED CONTENT AND ITS UNLAWFUL UTILIZATION

Any publicly viewable content text, image, social media post, comment, video, or audio, commercials, chats, forums, pins, podcasting, tweets, videos generated by the user i.e. consumer with open access rather than the business entities behind the website.

For companies, UGC can create a bolster of free marketing and get customers engaged but the companies have to be beware of the copyright implications of the user. One may be held responsible if other users if not oneself share the copyrighted content or trademark infringing content which the third party has created.

Obscene or Offensive content infiltrated by the users may hamper the websites ’content acceptability and would be liable for legal consequences.

With the current COVID-19 Crisis and impetus in the use of User Generated Content,

YouTube as a precautionary measure about policing the content of its site gives a disclaimer, 

‘Its Terms of Service expressly forbids its users from submitted material that is subject to a third party’s copyright’

2. UNLAWFUL COLLECTION AND DISTRIBUTION OF COPYRIGHTED CONTENT FROM SOCIAL MEDIA PLATFORMS 

Social Media has captivated the world with its revolutionized trends and the businesses using it to diversify their products and services. One of the biggest challenges faced is enforcement of the Intellectual Property laws in this dimensionless sphere of cyberspace.

Search engines, Web hosts, Internet Service Providers being the prime intermediaries has to regulate the content which is posing as defamatory content, and publishing copyrighted content without the perusal of the owner. Downloading images, videos, or sound files publishing them on social media platforms is quite prevalent thus gaining unauthorized access specifically when the media links are embedded. 

In the context of COVID-19, to expose an individual as exhibiting symptoms or as having contracted the virus is as an intrusion of an individual’s privacy and spreading the same in the social media to defame.

3. COPYRIGHT WITH RESPECT TO MUSIC PIRACY

Digital music is currently traded on P2P networks i.e. P2P Peer to Peer networking sites are not licensed by record labels and copyright holders, and under the law throughout the world, the activity is thus considered illegal. 

Due to COVID, the music industry is regressing. The piracy during the COVID-19 lockdown has dropped to “unprecedented” levels not only in India but all through the world. Legitimate music sources were consumed by the users thought the pirated copies of various works were propagated and issued rapidly like

1. Real-Time Piracy is like Live streaming of the copyrighted content.
2. Uploads of recorded live streams accumulated from various unauthorized access in on-demand sites.
3. Owners choose to use the technology of Digital Rights Management to protect the contents from unauthorized access and distribution. The purpose of Digital Rights Management is to prevent unauthorized redistribution of digital media and restrict the ways consumers can copy content they have been granted access to through tools that weren’t effective.
4. COPYRIGHT INFRINGEMENT WITH RESPECT TO CINEMATOGRAPHIC PIRACY

Cinematograph film means any work of visual recording inclusive of sound recording processing a moving image produced.

The following are rampant acts involving infringement is:

1. Making copies of the cinematograph for selling or hiring or selling or letting them for hire;
2. Distributing infringing copies for trading and accruing profits or to such an extent to affect the rights of the owner cinematograph;
3. Exhibiting infringing copies
4. Importing of infringing copies into India.

The reported cases of online film piracy rose 62% in India in the last week of March compared to the last week of February 2020.

5. PLAGIARISM OF SCRIPT 

The film industries specifically South movies had always fought aggressively the issue of piracy in alarming proportions. Plagiarism is the theft and representation of another person’s thoughts, ideas, or expressions as one’s original work without giving due credit to the original owner.

Plagiarism is especially difficult to prove due to the substantial similarity between plots, ideas, and themes
In the year 2020, a plagiarism claim was made against an Oscar Award-winning movie where the Tamil producer of the movie Minsara Kanna has stated that the movie ‘The Parasite’ is built upon plagiarised work.

6. TRADEMARK IN M&E INDUSTRY

The titles of songs, albums, movies, names of bands can be registered for protection under the Trademark law subject where the contents describing the creation ought to be genuine and unique.

These can be registered “entertainment” section includes 

“apparatus for recording, transmission or reproduction of sound or images” under the international uniform classification standards.

Issues

1. One of the issues is who is entitled to registration of the title – whether the owner of the copyright or the first person who files for the trademark registration.
2. Another issue is that registration of a trademark lapses after 5 years if not used.

Remedies Available

De minimis infringement

The doctrine of de minimis has been applied by the Delhi High Court as a defence for copyright infringement. The doctrine states that “the law does not concern itself with trifles”.

The de minimis maxim is much significant in the scenario of the copy infringements which go unnoticed.

The Delhi High Court applied the doctrine while deciding a copyright infringement suit in India Independent News v Yashraj Films Pvt Ltd. 

The court made the following observations to be considered:

1. the intensity of the harm caused
2. the legal rights affected of the third party
3. the purpose of the violated legal obligation

Blocking injunctions against ISPs

Another remedy the creator can seek is blocking and initiating violators of the Internet Service Providers (ISPs) through which the copyrighted content is circulating wide.

One form of blocking injunction is to have a court order against one or more several internet service providers (ISPs), asking them to implement technical measures to prevent access to websites hosting the copyrighted content.

In Eros International Media Limited v Telemax Links India Pvt Limited

The Bombay High Court ruled that disputes arising out of copyright infringement aren’t brought under the purview of arbitration. The court held that infringement is typically an issue in personam since a finding of infringement against one alleged infringer does not affect others. This was not the case with validity, since the grant or revocation of any IP right always acts in rem. 

Pecuniary Remedies

The owner can also seek three remedies under Section 58 of the Copyright Act,

1. Profits that were made by the accused during unlawful conduct of infringement. 
2. Compensatory damages are to be granted to the owner for the losses incurred due to infringement.
3. Conversion damages analyzing and examining the value of the product.

CASE LAWS

1. Tvs Motor Company Limited vs. The Controller Of Patents & Designs

The Controller of Patents and Designs (‘Respondent’) were directed by The Intellectual Property Appellate Board (‘IPAB’) issued to grant a patent to TVS Motor Company Limited (‘Appellant’) for an invention related to anti-roll bar which was earlier denied a grant on the grounds of lack of novelty merely it represented being similar though it had differential features.

2. Cinefones vs.  Cinefones Systems & Anr

Plaintiff was using the mark ‘CINEFONES’ for audio-visual equipment in which the company was in the business including projectors, screens, etc. which were subsequently registered in 1979. The Bombay High Court (‘Court’) observed that Cinefones Systems (‘Defendant’) used the trademark of Cinefones (‘Plaintiff’) and also illicitly put to use the Plaintiff’s label for which the Bombay High Court issued an ex parte interim injunction.

3. Mr. John Hart Jr. & Anr vs. Mr. Mukul Deora & Ors.

The Plaintiffs have approached the Court for an injunction restricting the release of the film “The White Tiger” (‘Film’) produced by Defendant to be released on Netflix.  The Plaintiffs assert that when it came to their knowledge that Netflix was in the process of making and releasing the film on its platform, a notice was sent to the defendant to take necessary actions.  The court directed the defendants

 ‘To keep detailed accounts of the earnings made from the film so if the Plaintiffs were to succeed in the future, it would facilitate the award of damages or monetary compensation.’

CRITICAL ANALYSIS

With the current resurgence of the COVID-19 second wave, the innovations and technological expansions are flourishing, so do the copyright laws need to be evolved with the current ramifications prevalent in the Media and Entertainment industry as threats to digitalization.

The efficiency of the Internet Service Providers in blocking the infringed content being hosted is doubtful with less severe alternative measures on row. Indian courts are being confronted with cutting-edge legal issues when it comes to these sectors of the Media and Entertainment industry in reference to Intellectual Property rights, Courts are dealing with challenges in dealing with these issues coupled with the absence of arbitral reference.

REFERENCES

1. https://www.mondaq.com/india/media-entertainment-law/711344/toils-and-turmoil-of-media-entertainment-sector
2. https://www.helplinelaw.com/business-law/LFME/legal-issues-faced-by-media-and-entertainment-sector-in-india.html
3. https://economictimes.indiatimes.com/industry/media/entertainment/view-why-combating-music-piracy-in-india-is-a-losing-battle/articleshow/76182858.cms?from=mdr
4. https://www.anandandanand.com/media-and-entertainment-laws/

This article is authored by Aathira Pillai a 5th year BLS LLB student of Dr. D. Y. Patil College of Law.

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Freshworks makes it fast and easy for businesses to delight their customers and employees. We do this by taking a fresh approach to building and delivering software that is affordable, quick to implement, and designed for the end-user. More than 50,000 companies — from startups to public companies — around the world use Freshworks software-as-a-service to enable a better customer experience (CRM) and employee experience (ITSM, HRSM).

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SmartMove Immigration is a professional Immigration Law Firm assisting private and corporate clients from around the world. We aim to smooth out the difficulties encountered by its global clients in the immigration process. We specialize in UK, USA, Canada, And other European Countries. SmartMove Immigration offers advice on Skilled Immigration Programs | Business Investor Programs | Tourist Visas | Student Visas | PR Visa.

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Interested candidates share your resume to falguni@smi.legal or call +91 98191 16003.

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Responsibilities

The position will entail the following responsibilities:

a. Research work
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d. Assisting Legal Attorneys of the firm.

Duration

2 months

Internship certificate will be provided at the end of the internship.

How to Apply

Interested candidates can apply on info@intellectjuris.com

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