A Grey market is also spelled as ‘The Gray Market’. Grey market is also known as Parallel Market. The reason behind calling a Grey Market a Parallel market is because the products or goods have been manufactured with the consent of the brand owner but are sold outside through distribution channels that are not authorized by the original manufacturer or trade mark proprietor. Grey market goods are products traded outside the authorized manufacturer’s channel before they are issued in an initial public offering (IPO) or bond issue.

Mainly, there are three types of grey markets:
Firstly, A ‘Parallel Importation’ in which a product is priced lower in the home market than in the foreign market, and if the cost of arbitrage is less than the price difference, that becomes an advantage for a gray marketer and parallel importing can be done from the country of production to the export market.
Secondly, ‘Reimportation’ this can be defined as if a product in the foreign market is cheaper than in the home market, and if the cost of arbitrage is less than the price difference, then for a gray marketer reimportation is profitable.
Thirdly, ‘Lateral Importation’ in this form if the price of a product differs between two countries, and the product is not produced in either one, the product from one country is sold to the other through unauthorized channels. Example 35mm cameras of any Japanese manufacturer imported from Hong Kong to Europe and Kodak film made in the United States, from Taiwan to Germany.
There are many grey market investigation companies in India such as India mart, Greves group, Ascon detectives and Authentic Investigation and Detective Private Limited situated in Delhi, India.

Role of the Investigators
Investigators deliver an extensive range of services and advice on brand protection and tell the companies that vital IP matters which can decrease the level of grey market of your product. Investigators can also obtain concrete evidence, to identify sellers/ resellers, and to undertake the critical issues.
They also locate witnesses and set up undercover operations wherever required to get into the nerves of the supply and manufacturing chain.

Indian Law Involved
In India, parallel importation is complicatedly linked to the principle of exhaustion of rights under the Trademarks act, 1999. The principle of exhaustion of rights is included under Article 6 of the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPs), which clearly states that “nothing in this agreement shall be used to address the issue of exhaustion of intellectual property rights”. Hence each state is entitled either to prohibit or to allow parallel imports within its own legal framework.

Basically two major issues are involved in the context of parallel importation and trademarks in India:
1. Whether parallel importation constitutes infringement under Section 29 of the Trademarks Act.
2. Whether India recognizes the principle of international exhaustion of rights under Section 30 of the Trademarks Act.

Answer to both the above questions will be given in a combined form below:

Section 30 of Trademark Act, deals with the limits on the effect of a registered trademark. Subclause 3 prevents the trademark owner from prohibiting the sale of goods in any geographical area on grounds of trademark right. Further Subsection 4 states that subsection 3 shall not apply when the condition of goods is changed or impaired after they have been put on the market.
The new provisions give right to the proprietor of a registered trademark to oppose further dealings in the goods if legitimate or legal laws/reasons exist. The new subclauses 3 & 4 recognize the principle of ‘Exhaustion of rights’ of the trademark owner.
The point to be noted that Sec. 30 sub-cl. (3) & (4) of the Indian Trademarks Act, 1999 deals with the exhaustion of rights after the first sale of goods.  

There is a famous case – Kapil Wadhwa v. Samsung Electronics:
The issue in this case is whether the Indian Trade Marks Act, 1999, embodies the International or National Exhaustion principal when the Registered Proprietor of Trade Mark places the goods in the market under the Registered Trade Mark.
Here in this case the defendant dealer of Samsung printers, not sold the goods as per the norms including affixing an MRP, no manufacturer guarantee and the most interesting, “not earmarked to be sold in the Indian market”. Further grievance was that the defendant was operating a website whereby the imported Samsung printers were offered at a price much lower than that of the plaintiffs. The learned single judge passed the order but the defendant is not satisfied as applied for an appeal to a higher court.
The Higher Court hereby, after listening to all the facts of the case and taking into consideration all the evidence directed the defendant to follow International Exhaustion of rights.

Conclusion
Grey market is a market where goods are sold through distribution channels without the authorization of by original manufacturer. To overcome the problem of grey market a company or person should appoint investigators or should take proper legal measures to overcome their loss and solve the problem of grey marketing.

(The content of this article is intended to provide a general guide to the subject matter).




Introduction
Recently, the United Nations Conference on Trade and Development (UNCTAD) released the World Investment Report, 2020. UNCTAD was established in 1964 to promote development friendly integration of development countries into the world economy. World Investment Report (WIR) focuses on trends in foreign direct investment (FDI) worldwide, and also at the regional and country levels and emerging measures to improve its contribution towards development.
The World Investment Report provides:
  1. Comprehensive analysis of product demand on global as well as regional markets.
  2. Draw up information on major market trends, drivers and obstacles.
  3. Complete coverage of all products and market segments for pattern evaluation, global market innovation and market size forecast up to 2025.
  4. Review of the Companies which operate on the product of the global market.
  5. Growth matrix offers brand segment and geography analysis that will be focused on investing, consolidating and growing.
World Investment report 2020, also talks about India’s Investment scenario.
Major Highlights
  • According to the report, global FDI flows decrease by up to 40% in 2020, earlier in 2019 the value is $1.54 trillion.
  • This would bring global FDI by $1 trillion for the first time since 2005. The FDI would further decrease by 5 to 10% in 2021.
  • The investment flows are expected to recover by 2022.
  • Developing economies are expected to see the biggest fall in FDI because they rely more on investment in Global Value Chain (GVC) based industries, which have been severely hit due to COVID-19 pandemic.
  • India jumped from 12th position to 9th position in 2019 among the world’s largest FDI recipients.
  • Report also observed that FDI into India may decline sharply into 2020 because of the impact of the COVID-19 pandemic and consequent lockdown measures, supply chain disruptions and economic slowdown.
  • A Greenfield investment is a type of FDI in which a parent company creates a subsidiary in a different country, building its operation from the ground up.
  • In India the number of Greenfield investment announcements declined by 4% in the first quarter of the Financial year

Significance
This report is made every year to aware the businessman, investors, general public, government, states about the current rate of investment. World Investment report also provides information regarding Foreign Direct Investment and what will happen in coming years according to the reports of previous years.
It tells about the economy and economic system of all countries involved or has collaboration with United Nations Conference on Trade and Development (UNCTAD).
It gives an analysis of the companies investing in the global market, analysis of product demand on global as well as regional markets, draw up information on major market trends, drivers and obstacles, detailed review of many vendors present on the market and competitive world consisting of launches, mergers, acquisitions, partnerships and joint projects with new products.
International Law Involved
  1. United Nation Commission on International Trade Law.
  2. Foreign Investment Law of Spain, China, Israel, Italy, Japan, Belgium, France, Soth Africa, China, Indonesia, Kazakhstan, Myanmar, Oman, Philippines, Qatar, Ukraine, India, Uzbekistan, Viet Nam.
  3. Cybernetic National Security Perimeter Law.
  4. National Investment Law.
  5. Customary International Law.
  6. Air Quality Law of several countries involved in World Investment Trade.
  7. Other Investment Laws.
  8. Strategic Laws of Albania.
  9. 180 Other Laws related to Investment of all the respective countries involved.
Critical Analysis
UNCTAD was established in 1964 to promote development friendly integration of development countries into the world economy. The World Investment Report was first published in 1991 which focuses on trends in foreign direct investment (FDI) worldwide and also at regional levels.
WIR not only provides analysis of FDI worldwide but also at regional markets, major trends, drivers, obstacles, companies that operate in global market, mergers, acquisitions, partnership and joint ventures which have a direct connection to investment directly or indirectly.
All the reports and data collection and analysis by WIR help the investors to estimate future rates or events happening through the graphs or report made by WIR.
Conclusion
World Investment Report gives a brief to the investors (where to invest, what to invest, when to invest and how much to invest), which include both private and government companies and also the individuals.
WIR, 2020 involves total of 180 International Laws of different-different countries including India, China, Italy, Ukraine, Kazakhstan etc. WIR, 2020 also talks about COVID-19 pandemic and consequent lockdown impact on the world and the respective countries investors and the measures to curb the Foreign Direct Investment (FDI). It talks about upcoming policies that countries are thinking to implement.
WIR is beneficial for the companies who want to invest for a long period of time in International Market or in Global world and regional markets. All the global market investors should take the help or support of World Investment Report in order to curb their business at a higher rate with efficiency and effectively in the global world or market.




Autism is a type of development disorder in children. Autism is also known as autism spectrum disorder (ASD), is a condition which includes problems of communication, behaviour and learning. ASD is a minor problem or a disability that needs full time care in a special facility. In autism, they have trouble understanding what other people think and feel.

Autism Signs and Symptoms

  • A lack of eye Contact.
  • A narrow range of interest in certain topics of life and study.
  • Repeating words or phrases, rocking back and forth, or flipping a lever.
  • High sensitivity to sounds, touches, smells, or sights that seem ordinary o other peole.
  • Not looking at or listening to other people.
  • Not looking at things when another person points at them.
  • Problems understanding or using speech, gestures and facial expressions.
  • Trouble adapting to changes in routine.
About Autistic Day

This Autistic Pride Day is celebrated on June 18, 2020. Theme for this year is 'The Transition to Adulthood'. The transition to adulthood is an important challenge for those with autism, and this theme therefore draws attention to the adulthood stage of people with autism.

It acknowledge that autistic people are not sick but have a unique set of characteristics. after inspired by LGBT pride events, the first Autistic Pride Day was celebrated in 2005 by online community Aspies for Freedom (AFF). Now it is organised across the world. The day is represented by a rainbow infinity symbol. This symbol basically represents the infinite possibilities that autistic people have. 

World Health Organisation Report

According to World Health Organisation report, one out of 160 children is autistic. The disorder has a direct impact on a person's nervous system and overall affects the emotional, social and physical health of the person.

Conclusion

Technically, there is no way to cure Autism but regular therapeis can help in general. 
Austism offers a chance for us to glimpse an awe-filled vision of the world that might otherwise pass us by.



This day is celebrated every year on June 15th. The theme for the year 2020 is "Lifting up voices". The principal goal of the World Elder Abuse Day is to provide our communities around the globe with an opportunity to get a better knowledge of abuse and neglect of older people.

Today's generation, the youth age (18-35) should support and talk to their grandparents on evert weekend and occasions. Especially, the children must take care of these elder to the fullest.

If we count world wide the population of elderly people are more in number as compare to others according to the report of UN.

There are seven forms of abuse that elders face. These abuse are physical abuse, abandonment, financial abuse, psychological abuse, sexual abuse, neglect and self-neglect. On the Internet it is revealed that most of the elders have facedabuse of their own children and grandchildren, just because they are no longer deemed 'useful'. 
So spread awareness, not just to help other's identity cases of elderly abuse but also to share the same information with elders who might facing this.

Share the below information and do take necessary steps to curb elderly abuse:

1. The Parents and Senior Citizens Act, 2007has made maintenance a legal obligation. Maintenance includes food, clothing, residence, medical attendance and treatment.
2. Senior citizens can apply for an allowance from their children and if not provided is punishable under this act.
3. The act also provides "Childless Senior Citizens" who are unable to maintain themselvesfrom their own income can demand maintenance from their relatives.





The Supreme Court bench of Justice L Nageswara Rao, Krishna Murari and S Ravindra Bhat said that "Right to reservation is not a fundamental right". The Court while replying to the DMK petitioner Article 32 is available only for violation of Fundamental Right. The Apex Court said so while rejecting pleas challenging the Centre's decision to not grant 50% reservation to OBCs in Tamil Nadu medical colleges.
At last court told that the parties are free to approach Madras High Court.



"Consensual cohabitation between two adults of the same sex cannot in our understanding be illegal far or less crime because its a fundamental right which is being guaranteed to the person under article 21 of the Constitution of India, which inheres within its ambit and it is wide enough in its amplitude to protect the inherent right of self-determination with regards to one's identity and freedom of choice with regards to the sexual orientation of choice of the partner,Justice Sharad Kumar Sharma observed.

"Even if the parties, who are living together though they are belonging to the same gender; they are not competent to enter into wedlock, but still they have got a right to live together even outside the wedlock. It would further be not out of a pretext to mention that a live-in relationship has now being recognized by the legislature itself, which has found its place under the provisions of protection of women from Domestic Violence Act," the bench held.


The bench further remarked that while deciding cases such as the instant one, the court should not engage itself in social mores. It held that the right to liberty and freedom of choice are "constitutional values" that cannot be abridged.
"…Social values and morals they do have their space, but they are not above the constitutional guarantee of freedom assigned to a citizen of a country. This freedom is both a constitutional as well as a human right. Hence, the said freedom and the exercise of jurisdiction in writ courts should not transgress into an area of determining the suitability of a partner to marital life, that decision exclusively rests with the individual themselves that the State, society or even the court cannot intrude into the domain."
The court added,
"[It] is the strength provided by our constitution, which lies in its acceptance of plurality and diversity of the culture. The intimacy of marriage, including the choice of partner, which individually make, on whether or not to marry and whom to marry are the aspects which exclusively lies outside the control of the State or the Society."



















Judgment is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. Judgment is a final part of the court case. Enforcement of Judgment means enforcing a judicial decision depends upon its nature and also on the discretion of the court. If a judgment does nothing more than declaring the legal right of a person, or a simple divorce decree or a declaratory judgment (Ex. Interpreting a contract or a statue) then no enforcement is needed.
If a judgement orders a party to do or to refrain from doing a certain act or an injunction is issued to a person or an organization, the court itself takes a first step towards enforcement or execution of a judgment by holding in contempt anyone who refuses to obey the order and sentencing him to pay a fine or to go to jail.

Enforcement of Domestic Judgements
To enforce a domestic judgement, the applicant seeking to enforce have to first appoint a lawyer through a power of attorney (Vakalatnama) for representation before the court with jurisdiction to adjudicate the matter. A Court fee is to be paid at the same time for a suit to be instituted. Further, no security cost is required, during the course of hearing until the court orders.
Unless a jurisdiction is specified in a contract which subjects to pecuniary or other limitations as prescribed by law, lawsuits in relation to immovable property must be instituted in the court or to the closest where the property is situated. The place of business or place of residence will also be a factor to be kept in mind by the court to determine the jurisdiction.
Under the Limitation Act, 1963, there is a limitation period to initiate enforcement proceedings. The application for execution must be made within a period of 12 years from the date of decree or order becomes enforceable.

Below is the outline of steps used to carry out enforcement:
1.     The court must issue summons to the defendant as per the procedure set out in law and the practice rules of the High Courts. Despite the summon of the court, if the defendant failed to appear before the court, the matter will be heard and decided ex parte.
2.     Court fees have to be deposited which varies depending on the value of the lawsuit.

Cases where the order of enforcement is applicable:
·       Any order passed by the court determining the liability of the custodian (it is a person to whom the custody of the movable property is given which cannot be conveniently removed or taken in possession) of movable property to compensate the decree-holder for any damages caused due to his default.
·       Any order made against the garnishee.
·       Any order determining the liability of a partner of the firm who was not the party to the original proceedings.
·       Any order made by adjudicating the claim made to the attachment of any property attached in execution of a decree.
·       Any order adjudicating an application filed by the decree-holder for resistance or obstruction to possession of immovable property.
·       Any order adjudicating an application for the dispossession of the third party by decree-holder.

Enforcement of Foreign Judgements
Enforcement of Foreign Judgements are similar to that of Domestic Judgments.



1. No Woman can be arrested before 6 a.m. and after 6 p.m. - Criminal Procedure Code Section - 46. In case of serious crime only after receipt from the written order from the magistrate, a male policeman can arrest a woman.

2. No company can fire a pregnant woman, it will be punishable for maximum of 3 years of imprisonment.  [If the company (Government or Private) has more than 10 employees than pregnant women is eligible to get 84 days of maternity leave].

3. Under Section 185 and 202 of Motor Vehicle Act, 1988 - At the time of driving if your 100ml blood contains 30mg of alcohol, then the police can arrest you without a warrant.
4. According to Police Act, 1861 - A police officer is always on duty whether he/she wearing a uniform or not. If a person makes a complaint to the officer, he/she could not say that he cant help them because he/she is not on duty.
5. Section 128 of Motor Vehicle Act, 1988 - A Traffic Police officer cannot snatch the key from the car or motorcycle, it is illegal. You have the full right to file a legal proceeding or case against the officer.
6. Automotive (Amendment) Bill, 2016 - If you are fined for a crime (for not wearing a helmet or any other reason) then you will not be fined for the same reason in the same day.

7. Income Tax Act, 1961 - In case of tax violation, the tax collection officer has the power to arrest you but he/she will have to send a notice to you or bring notice during the raid.


8. Maximum Retail Price Act, 2014 - Any shop keeper can't charge more than the printed price of any commodity but a consumer has the right to bargain for less than the printed price of a commodity.


9. Limitation Act, 1963 - If your office does not pay you then you have the power to file an FIR (First Information Report) against it within 3 years. But According to the Limitation Act, if you file after 3 years, you will not get anything for the due.

A moratorium is that time period of the loan during which the borrower is not required to make any repayment. A Moratorium is an ‘EMI holiday’ to debtors authorized by the banks or lending institutions. It is a waiting period before which repayment by way of EMIs begins. Usually, the repayment of the loan begins after it gets disbursed and payment have to be made each month but in case of moratorium period, the payment starts after some time or the time specified. Example: Student Loan.
On May 22, the RBI permitted the bank and NBFCs (NON-Banking Financial Comapanies) to allow a further 3 month moratorium i.e. from June 1 to August 31, 2020, in respect of term loans outstanding as on March 31, 2020.
The banks also clearly said that it’s upon the discretion of the borrower, if you have enough cash flow it is advised not to avail of this extended moratorium. Opt for it only if you are facing financial problems.
Salient features of the notice
The interest on the loan will not be waived off due to an increase in loan moratorium period by the institutions. Example – consider that you took a loan of Rs. 5 Lakh at an interest of 12 per cent per annum for a tenure of 5 years.  Over the five year term, the EMI on this loan works out to Rs. 11,122 and the interest payable works out to Rs. 1.67 lakh, taking your total dues to Rs. 6.67 lakh. Now the twist comes, if you avail a three-month moratorium, your EMI rises to Rs. 11,459 and you end up paying Rs. 6.87 lakh to the bank.
So, basically its only a grace period and if you opt for the moratorium extension, you need not pay the EMIs for that six months (March - August) but you will have to continue paying the accrued interest on the loan EMIs for these six months.
Three options were given by the Banks:
  1. Make one-time payment of the accrued interest payable at the end of moratorium period;
  2. Add the accrued interest to the outstanding loan and pay the same by increasing the amount of EMIs to be paid for the rest of the loan tenure;
  3. Add the accrued interest to the outstanding loan and pay the same amount of EMI for a longer tenure thereby paying back the full amount.
Merits of opting Loan moratorium:
  • The Bank will not charge any penalty even if you are not paying the loan during this 6 month period.
  • If you don’t repay your loan, your credit score and credit history will not see an adverse impact during these 6 months.
  • Temporary relief but prolonged EMI burden.
Conclusion
The Loan moratorium is an ‘EMI holiday’ granted to the people, who are facing financial problems or the people who are not in a position to pay their EMIs and are severely hit by the nationwide lockdown on account of COVID-19. The banks also clearly said that it’s upon the discretion of the borrower, if you have enough cash flow it is advised not to avail of this extended moratorium. Opt for it only if you are facing financial problems. The one’s who choose to pay their dues after the moratorium period will still have to pay the accrued interest as the interest on the outstanding amount will continue to accrue throughout the moratorium period.

Several issues were raised by the individuals and companies to the government during these hard times, as we are slipping down in poverty and lost our jobs due to this pandemic COVID-19. These poor, middle class, small institutions and micro industries stand in front of the government and asked for the relief. Then RBI after discussion with the officials and institutions find out a way to this situation by increasing the moratorium for the period of 6 months, i.e., till August 31st, 2020. The Relief was given on all kind of loans such as car loans, home loans, corporate loans and credit card loans or EMIs etc. Lastly, after all the calculations and analysis the above increase in loan moratorium period will become a real burden in future to all the borrowers present out there.
This blog will help you to know regarding the Latest Laws and Judgments.
Basic laws that everyone in the society should be aware of.
Interesting facts and Business news will also be provided by this blog.