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Dept. of Business Law - Webinar - 26th - June.2021
Dept. of Business Law - Webinar - 26th - June.2021
exceeding expectations
SINCE 1985 W W W. L A K S H M I S R I . C O M
Transformation of Traditional Businesses
Brick & Mortar shops > E-commerce Cable TV/ Cinemas > OTT Platforms
Taxis > Cab aggregator Apps Restaurants > Food Delivery Apps
• Let us take five examples of some traditional businesses and see how they
have transformed with time:
Examples of Transitioning
Businesses
8
Changing Face of Agriculture
C. BIOTECHNOLOGY LAWS
GMOs and use of genetic materials - Compliance with National Seed Policy, 2002,
Seeds Act, 1966, Destructive Insects and Pests Act, 1914, Biological Diversity Act.
Compliance with the Biosafety Rules.
D. DATA PRIVACY LAWS :
"Smart farming" is an emerging concept that refers to managing farms using tech-
nologies like IoT, robotics, drones and AI to increase the quantity and quality of
products while optimizing the human labor required by production. Use of AI Pow-
ered tools for soil scanning, IoT sensors may all give rise to Data Privacy Issues.
• Anti-Trust issues like exclusive agreements, private labels, search bias etc.
• Compliances under the Consumer Protection (E-commerce) Rules 2020 with
respect to providing information and having proper grievance redressal mech-
anisms in place.
• E Commerce entities to ensure sale of original and non-counterfeit goods
• Sharing/regulating non-personal data impacts copyright and trade secrets
• Product or patent licensing of technologies. software, chips, networks, de-
signs, routers etc.
24
Change in Sports
Advent of various leagues and the increase in viewership over direct-to-home (DTH) as well as
over-the-top (OTT) platforms is a constant. Sport is regarded as one of the largest industries
worldwide in terms of both employment and revenue.
• Sponsorship & Advertisements by big brands –
• Sponsorship of and advertisement during a sporting event
• Ambush marketing by other competing brands.
• Whether contractual agreements at national teams could conflict with local/club level teams
• Broadcasting and Telecasting Rights
• Anti-doping
• Betting Laws
© 2021 | Lakshmikumaran & Sridharan S T R I C T LY | 26
Sports Law and Evolving Legal Landscape
28
Media & Entertainment
• Media streaming apps curate television shows, world cinema and live events
for entertainment and internet based viewing
• Media aggregators like Netflix and Hotstar have challenged traditional enter-
tainment services like Cable TV
• Pandemic had limited effect on this sector
• OTT sector in India witnessed a 30% rise in the number of paid subscribers,
from 22.2 million to 29.0 million between March and July 2020 alone – market
current at ~ INR 4500 Crores
• OTT media services do not come under existing media, broadcasting or cinemato-
graphic laws
• Government had recently issued the Information Technology (Intermediary Guidelines
and Digital Media Ethics Code) Rules 2021 (Intermediary Rules) to regulate OTT
• Subjects the platform to self-regulation for assessing content
• Provides for an industry body for further regulation
32
Traditional Practice - Attributes
• Scheduling management tools enable professionals to plan their work with ease and
efficiency
• Extensive resource planning for providing maximum client benefit and transparency
in terms of progress
• Reduces possibility of errors in processes, missed dates, etc.
• Increase in efficiency
• Better client experience
• Direct access for client to their dockets
• Immediate updates in case of any developments
• f
Income tax
• Transfer Pricing and Equalization Levy – Place of Effective Management
(POEM)
• Significant Economic Presence (SEP)
• Permanent Establishment (PE)
• Treaties and Multi-Lateral Instruments (MLIs)
• Benchmarking study for Transfer Pricing
• OECD’s Base Erosion and Profit Shifting - Action Plans (BEPS-AP), Retalia-
tory Sanctions by countries, etc.
© 2021 | Lakshmikumaran & Sridharan S T R I C T LY | 47
Other Key Transitioning Business Segments
© 2021 | Lakshmikumaran & Sridharan S T R I C T LY | 48
Space Industry in India
Opportunities Challenges
• Better infrastructure, higher efficiency • IPR and Standard Essential Patents
• The 5G network and its impact • Standardization of technologies and in-
• ITES and applications – Cloud com- teroperability concerns
puting, IoT • Standard Essential Patents – licensing
• Automation and consolidating technologies with
complex, voluminous technical stand-
ards
• India continues to witness growth in the use of e-wallets and regularized cur-
rencies has raised multiple new legal issues-
• IBC and its impact on repayment of debts offered by banks (financial cred-
itors).
• Cloud computing in e-banking systems - Security and Privacy Risks
• Cyber crimes – Internet Banking frauds, IPC and implications under In-
formation Technology Act
• Acceptance of cryptocurrency etc. as a means of exchange and regularisa-
tion by RBI
• Interpretation of WTO Agreement, Free Trade Agreements, Bilateral Investment Treaty (BIT)
• Dispute settlement mechanisms in International Trade – Forum shopping v. Forum selection
• Issues relating to International Trade:
• Actions taken against dumping (selling at an unfairly low price)
• Subsidies and special “countervailing” duties to offset the subsidies
• Emergency measures to limit imports temporarily, designed to “safeguard
• Sanctions
• Non-tariff barrier
• Market Access
• Tariff wars
• Export controls
© 2021 | Lakshmikumaran & Sridharan S T R I C T LY | 59
Overcoming
Challenges
60
Legal Practice in the Technology Age
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exceeding expectations
SINCE 1985 W W W. L A K S H M I S R I . C O M