-Business Law Assignment

Ans 1.
Introduction: India is one of the world’s 17 mega-diverse countries. However, many
plants and animals are on the verge of extinction. The government of India has taken
several efforts, legislation, and policy initiatives to safeguard critically endangered
and other vulnerable animal and plant species. It is critical for conserving species
varieties. It also contributes to the long-term management and usage of species an
ecosystems. Conservation of biodiversity is vital for economic growth and poverty
reduction. Biodiversity refers to the abundance and diversity of life on earth. It is are
planets most complicated and vital characteristic. Life could not exist without
biodiversity. The quality of various creatures and their relative frequencies in an
environment are all part of biodiversity. It also represent the organisational structure
of organism at various level. Biodiversity is important for both ecological and
economic reasons. It supplies us with food, shelter, fuel, clothes and variety of other
things. It also reaps financial benefits from tourism. As a result, having a through
understanding of biodiversity is critical for a sustainable lifestyle. Healthy ecosystem
clean our water, filter our air, keep our soil in good condition, control the
temperature, recycle nutrients, and provide us with food. They supply raw materials
and resources for pharmaceuticals and other uses. They are the cornerstone of all
civilisation and the lifeblood of our economy. Biological diversity refers to other
worldwide diversity of species and ecosystems, as well as ecological processes that
they support and its divided into three components: genetic, species, and ecosystem
diversity. Most people define biodiversity in terms of species which are groups of
individual living creature that may interbreed. Blue whales, white-tailed deer, white
pine trees, sunflowers, and miniscule microbes that can’t even ben seen with the
human eyes are the example of species. Biodiversity conservation refers to the
protection and management of biodiversity In order to gain resources for long-term
development. The protection of biodiversity has three primary goals: To conserve
species variety, Sustainable use of species of species and ecosystem. The
Biological Diversity Act, 2002 is an act adopted by Indian Parliament to preserve
biological diversity in Indian, and it provides a system for fair sharing of benefits
deriving from the utilisation of traditional biological resources and knowledge,
 Source: https://spicyip.com/2017/11/the-curious-case-of-the-indian-biological-
diversity-act.html

Concept and Application: The Biological Diversity Act 2002 arose from India’s
endeavour to realise the goals set in United Nation. Convention on Biological
Diversity (CBD) 1992 which acknowledge nations sovereign rights to utilities their
own biological resources. The Act strives to conserve biological resources and
associated knowledge while also providing access to them in a sustainable and
equitable way. It established the National Biodiversity Authority in Chennai to carry
out the Act’s objectives. The Biodiversity Act is federal legislation issued by the
Indian Parliament to preserve biological variety in India, and it offers a system for fair
sharing of benefits deriving from the utilization of traditional biological resources and
knowledge. The Act was created to fulfil India’s responsibilities under the Convention
on Biological Diversity (CBO). The Lok Sabha enacted the Biodiversity Act on
December, 2, 2002, and the Rajya Sabha passes it on December 11, 2002. The
major goal of the Ac is to ensure the protection of biological variety, the sustainable
use of its components, and the equitable use of its resources are in order to avoid
misuse or the eventual annihilation of biodiversity. Because Indian is one of the most
ecological varied countries, this legislation is necessary to safeguard its biological
legacy =, it aids in the protection of flora and wildlife since it provides for the
establishment of the National Biodiversity Authority, state Biodiversity Board, and
Biodiversity Management Committees to oversee the management of biological
resources.
Some silent features of this act are as follows:
1. To conserve and utilise biological variety in a sustainable manner.
2. Establishing a national, state, and local biodiversity fund and putting it to use
for Biodiversity preservation.
3. To govern access to the country’s biological resources with an equal share of
benefits emerging from their utilisation.
 4. To respect and safeguard the local community an traditional knowledge
biodiversity-related knowledge.
5. Establishment of the National Biodiversity Authority (NBA) and State
Biodiversity Board SBBs and Biodiversity Management Committees (BMCs).
6. To maintain and develop important regions from the standpoint of biological
diversity by designating them as places of biological diverse heritage
The functions of this Act includes:
❖ Advising the government on biodiversity protection; and
❖ Advising the government on the identification of biological heritage site
❖ Regulating actions forbidden by the Act
❖ Take appropriate action to oppose the award of intellectual property rightd
in other nation based on the utilisation of biological resources or
associated traditional knowledge.
Conclusion: Therefore, we can conclude that the biodiversity Act is the sole piece of
legislation that safeguards the country’s natural resources. It is an umbrella law in
the sense that is safeguard India’s natural resources, including flora and animal, as
well as the traditional knowledge linked with them. It is intended for conservation,
long-term usage, and equitable benefit distribution. The Act also established a three-
tier framework for biodiversity management in the national biodiversity authority,
states biodiversity boards, and local panchayat level biodiversity management
committees. This framework was established to recognise India’s biological richness
and accompanying traditional knowledge. It aids in the protection of flora and wildlife
since it provides for the establishment of the National Biodiversity Authority, State
Biodiversity Board, and Biodiversity Management Committees to oversee the
management of biological resources.
And 2.
Introduction: The competition Act 2002 oversee commercial competition in India. It
superseded the previous Monopolise and Restrictive Trade Practices Act of 1969.
The Competition Act seeks to ban practice that are harmful to competition in India. It
is a mechanism for implementing and enforcing competition policy, as well as
preventing and punishing enterprise anti-competitive business activities and
needless government invention in the market. Competitive rules apply equally to
written and oral arrangements, or arrangement between firms or individual. The Act
primarily addresses these issues anti-competitive agreements are prohibited, abuse
of dominance is prohibited, combination regulation, India’s competition commission
is established, the power and function’s of India’s Competition Commission,
The Competition Act includes the following provision:
i. Combinations: The Act defines a combination as a term that lead to
acquisition or mergers. However if such combinations violates the acts
limitations, the parties concerned would be investigated by Competition
Commission of India.
ii. Anti-Agreements: No individuals or company shall engage in manufacturing,
supplying, or distributing activities that may have a harmful impact on
competition in India. The presence of such agreement is seen as unlawful.
iii. Competition Commission Of India: The Competition Commission of India is
an independent organisation with the authority to entre into contracts and sue
the parties concerned If the contracts are breached. The commission is made
up of maximum of six members who are charged with preserving and
promoting consumer interests in order to maintain an optimal climate for
economic competition.
iv. Abuse of Dominating Position: if an organisation or an affiliated individual is
determined to be engaging in unfair or discriminating action this is called an
abuse of dominant position. If a party is determined to be abusing its position
the appropriate authorities will conduct its inquiry.

Source: https://www.jagranjosh.com/general-knowledge/competition-act-2002-
1553606677-1
 Concept and Application: The competition Act of 2002 is an Indian law that
prohibits practices that hinder market competition while also safeguarding
consumers. The fundamental goal of passing this legislation is to encourage fair
corporate practices and healthy market competitiveness.
There are two example of investigation and punishment initiated by the authorities
setup under the competition Act 2002 are as follows:
i. Maruti Suzuki fined Rs 200 crore for anti-competitive dealer policies:
The Competition Commission of India (CCI) penalized Maruti Suzuki India’s
largest carmaker Rs 200 crore for executing its Discount Control Policy, which
prohibits dealer from giving client discount beyond those permitted by the
company. The Discount Control Policy implemented by Maruti effectively
hindered dealer competition and prohibited customers from receiving extra
discounts. According to the CCI announcement the ruling against Maruti is for
engaging in anti-competitive Resale Price Maintenance (RPM)of its passengers
cars as well as passing a cease-and-desist order. CCI discovered that MSIL had
an arrangement with its dealers that discouraged them from providing further
discounts or freebies to consumers beyond what MSIL authorized.
According to the CCI announcement, if a dealer wish to provide further
discounts, MSIL clearance was required in advance. Any dealer found in
violation of the Discount Control Policy faced penalties not just against the
dealership, but also against its individual employees, including direct sales
executive, regional manager, showroom manager, and team leader.
ii. The CCI has sanctioned seven companies for bid-rigging in Indian
Railways Bids.
On June 9, the Competition of India (CCI) fined seven companies for bid-rigging
and cartelization in Indian Railways bids. CCI discovered the 7 firms engaged in
cartelization in the supply of protective tubes to the Indian railways by directly or
indirectly determining prices, allocating tenders, controlling supply and market,
co-ordinating bid prices, and manipulating the bidding process during the
investigation, according to an official press release. The CCI noted regular e-mail
exchanges between the parties as proof, as well as the filing of bids from the
same IP address by specific parties, among other things.
Conclusion: Therefore, we can conclude that, this act helps in establishing a
mechanism for compensation and a determination to expedite the resolution of anti-
competitive agreements and abuse of dominant position investigation. The bill
decriminalizes certain Act offenses by shifting the basis of punishment from fines to
civil penalties. This act also helps to curb in a firm’s or business anti-competitive
behaviour that has a detrimental affect on competition in India’s market. Additionally,
the Act attempts to stimulate and sustain competition in the market place, protect
consumer interests, and preserve economic freedom in the country.
Ans 3a.
Introduction: Intellectual property rights are the rights granted to individuals over
their mental works. They often grant the inventor exclusive rights to utilise his or her
invention for a set length of time. Patents, copyright, and trademarks, for example,
are legal mechanism that allow people to get recognition of financial advantage from
what they innovate and produce. The IP system attempts to establish an
environment in which creativity and innovation may flourish by striking the correct
balance between the interests of inventors and the larger public interest. Effective
IPR enforcement is also critical for public health and safety. Intellectual property
rights in particular, produce and supports high paying employment, fosters economic
growth and competitiveness, protect consumers ad families, contributes to the
generation of innovative solution to global issues, encourage innovation, and
rewards entrepreneurs.

Source: https://www.legalzoom.com/articles/how-to-protect-your-intellectual-
property

Concept and Application: The form of intellectual property rights they might assert
in regard to the SamSam include trademarks and for recipes is Copyright.
 ➢ Trademark is used for SamSam to protect the name of the food truck
A trademark is any term, phrase, symbol, or design that identifies your goods or
service, or a combination of these things. It is how clients identify you in the
marketplace and differentiate you from your competitor. Trademarks and service
marks are both referred by the term “trade mark” refers to a mark capable of
being expressed graphically and capable of differentiating one person’s goods or
services from those of another, and may include the shape of items, their
packaging, and colour combinations. At the national/regional level, trademark
protection can be secured through registration by submitting an application to the
national/regional trademark office and paying the applicable fees.
➢ Copyright is used to protect their recipes.
Copyright is a legal word that refers to the right that authors and artist have over
their literally and creative works. Books, music, painting, sculpture, and films are
all examples of works protected by copyright, as are computer programs,
databases, ads, maps, and technical drawings. It is a short of intellectual
property that protects original works authorship once they are fixed in physical
form of representation. The basic goal of copyright is to encourage and
compensate writers to create new work and make those works available to the
public for enjoyment through the provision of property rights. They not only
protect your original works, nut they also assist ensure that rivals do not profit
from them. It may even strengthen the copyright protection by registering it.
Conclusion: Therefore, we can conclude that Samanyu and Samaira will avail the
benefits of intellectual property rights to protect their name and secrets. They will use
trademarks to protect the brand name and copyright to protect the recipes from
being copied or duplicated from elsewhere. Hence, copyrights helps to protect the
value of an author work, by giving the originator of the work the ability to protect it
from unlicenced or uncredited usage. Trademark safeguards a company’s reputation
and prevents other firms from stealing the intellectual property.

Ans 3b.
Introduction: Intellectual property refers to mental creations such as inventions,
literary and creative works, and commercially utilised symbols, pictures, name, and
logos. Businesses are frequently unaware that their asset contain intellectual
property rights. Intellectual property right are legal rights granted to an inventor or
creator to safeguard his invention or creation for a set length of time. It is crucial for
encouraging creativity. Without intellectual property protection, firms and individuals
would not gain the full advantages of their creations and would devote less time to
research and development. These legal rights grant the inventor/creator or his
assignee the only right to fully exploit his invention/creation for a specified length of
time. Patents, copyright, industrial design rights, trademark, plant variety rights, trade
dress, geographical indications, and trade secrets are all example of intellectual
property rights. In general the author of a work is considered its owner. Intellectual
property ownership, on the other hand, can be decided differently for various forms
of property and under different conditions. For example if work is generated for a
client, the client owns the intellectual property.
Concept and Application: Intellectual property refers to any original human work,
such as an artistic, literary, technological, or scientific production. Infringement is
defined as an outsider’s intrusion on the property of an owner or an authorised user
without the owners prior consent. Infringement results from unauthorised use of
someone else property. Infringement is defined as a violation of a law’s established
method. When there is a breach of infringement of intellectual property, it is now the
exclusive right of the intellectual property holder to find a remedy for the infringement
about something that he has obtained by a great deal of hard work and huge efforts.
As a result, intellectual property holders must be granted remedies. There are three
categories of remedies available to intellectual property owners: criminal, civil, and
administrative.
1. Criminal Remedies:
Making and dealing with things that violate UK and community registered trade
marks and UK copyright is a criminal crime under TMA 1994 section 92, and
CDPA 1988, section 107. On indictment the more serious copyright and
trademark violation entail a possible ten-year jail sentence and an infinite fine.
2. Civil Remedies:
A successful plaintiff in a private infringement case may obtain an injunction, an
award of costs, damages, or an account of profits, delivering up or demolishing
of the violating objects and the materials used to produced them and tracing
orders.
Intellectual property can be protected through both civil and criminal legal
method. In practice, however criminal justice is a far more efficient method for
protecting rights, notably intellectual property rights, then civil redress. The
fundamental rationale for this remark is that, unlike civil litigation, which is
focused at a specific individual, criminal action serves as a broad deterrent even
if it is begun against specific recognised or unknown infringers or violators.
Conclusion: Therefore, we can conclude that Intellectual property rights guarantee
that you are acknowledge as the author of items such as inventions, literary and
creative works, design, and software. It serves as the starting point for economic
innovation.