Pharmaceuticals E-Commerce Legal Issues In India

E-commerce has become one of the premier choices of retail industry in India. Further, traditional business houses are also exploring the possible use of e-commerce to expand their brick and mortar business.

A common mistake that most of e-commerce service providers in India are making is avoidance of requisite legal formalities in this regard. Legal formalities required for starting e-commerce business in India cannot be ignored as their breach may attract both civil and criminal actions.

Thus, legal requirements to start an e-commerce website in India must be duly meet before jumping upon the e-commerce platform. This is more so regarding companies entering into pharmaceuticals e-commerce in India. Presently, online sale and purchase of prescribed drugs and medicines in India is a risky venture that must be undertaken only after fully complying with the legal formalities prescribed in this regard.

According to Praveen Dalal, managing partner of India’s exclusive techno legal ICT law firm Perry4Law, while we have basic level e-commerce legal framework in India yet e-health related legal framework is missing. For instance, e-health in India is facing legal roadblocks. Till now we do not have any dedicated e-health laws and regulations in India. The legal enablement of e-health in India is urgently required, suggests Praveen Dalal.

According to Praveen Dalal, legal issues of e-commerce in India vary as per different business models. For instance, electronic trading of medical drugs in India requires more stringent e-commerce and legal compliances as compared to other e-commerce activities. Digital communication channels for drugs and healthcare products in India are scrutinised more aggressively than other e-commerce activities. In fact, regulatory and legislative measures to check online pharmacies trading in banned drugs in India are already in pipeline, informs Praveen Dalal.

In a parallel development, the FIPB postponed pharmaceuticals sector FDI proposals in India. Further, India is also planning to reduce prices of expensive patented drugs to make medicines affordable to its predominantly poor population. The expiring medicines patents could boost pharmaceutical e-commerce in India as well.

The scope for pharmaceuticals e-commerce in India is bright provided e-commerce stakeholders duly take care of the applicable legal provisions in this regard.

Brand Protection And Enforcement Services In India

Brands have become an integral part of a corporate functioning. Brands have tremendous commercial value as they help in distinguishing the goods or services of one individual or company from the other individual/company.

Naturally, companies and individuals need to protect brands from imitation, unauthorised copying, unfair competition, etc. Brands are typically protected through intellectual property rights (IPRs) protection in the form of trademarks, designs, etc. a brand may consist of a name, term, design, symbol, or any other feature that identifies one seller's good or service as distinct from those of other sellers.

With the active use of Internet for various personal and commercial purposes, brand protection has become a tedious and challenging job. In fact, online brand and reputation protection has got nasty and many online brand and reputation companies are using illegal and unethical means to protect brands of their clients.

Brand protection has got a totally new meaning with the introduction of new generic top level domains (new gTLDs) by ICANN. Trademark and brand protection under new gTLDs registration by ICANN is a very challenging aspect. Further, the stakes are high and a techno legal strategy to protect brands under the new gTLDs regime is a must.

As far as India is concerned, an effective brand enforcement policy is needed in India. Individuals and companies must formulate techno legal policies to protect their brands in India. However, illegal and unethical methods must be avoided.

LPO/foreign lawyers are now not allowed to provide legal services in India any more. This includes brand protection services as well. Now only purely Indian lawyers based law firms and LPOs in India can provide litigation, non litigation, agreement drafting, consultancy, brand protection and enforcement services in India.

The awareness among various stakeholders is increasing and very soon we would witness growing demand for brand protection and management services in India.   

E-Discovery Law Firm In India

While writing a write up upon legal e-discovery services in India i tried to analyse the position of India law firms in this regard. India has world class law firms in traditional areas. Even the contemporary technology law related issues are managed by some Indian law firms with ease.

However, we have only handful lawyers who can deal in issues like cyber security, cyber forensics, e-discovery, cyber law, etc. On further digging up, i could not find law firms that can deal in techno legal fields.

The truth is that we have very few ICT and cyber law lawyers in India. Similarly, we have very few cyber law firms in India and cyber security law firms in India. There is no doubt that Perry4Law is the best techno legal firm in not only India but it is also one of the best in the world. Perry4Law is also the exclusive law firm of India that is providing techno legal e-discovery services in India.

Perry4Law Techno Legal Base (PTLB) is the premier techno legal segment of Perry4Law that is managing the services in the areas covering cyber law, cyber security, cyber forensics, digital evidencing, e-discovery, etc. PTLB is also managing the exclusive techno legal e-courts consultancy and training centre of India.

The Supreme Court of India has declared that foreign law firms, LPOs/legal KPOs, chartered accountant firms, etc cannot practice law in India anymore. All such legal services by these foreign law firm/lawyers, LPOs, legal KPOs, CA/CS firms, audit and accountant firms, etc are illegal in nature and thus risky to take.

Thus, it is in the own interest of various stakeholders to take legal services from techno legal firms like Perry4Law as services by others is clearly illegal as they are not entitled to practice law in India. This also means that all the existing as well as future LPOs and legal KPOs would be acting contrary to the laws of India unless Supreme Court of India directs otherwise.

Cyber Lawyers In India

Cyber law is now no more an ignored field. However, police, lawyers and judges are still not very much comfortable with cyber law and technology law related issues. We have very few ICT and cyber law lawyers in India. Similarly, we have very few cyber law firms in India and cyber security law firms in India .

There is no doubt that cyber law lawyers and law firms in India would have tremendous demand in the near future. This is more so when the legal industry of India passing through a metamorphism stage.

With the recent interim order of the Supreme Court of India, legal practice in India now exclusively belongs to Indian advocates. This means that foreign law firms, LPOs and chartered accountant (CA)/whole time company secretary (CS) firms cannot provide legal services in India anymore.

Although legal fraternity of India is getting serious but legal education is getting worst. The corruption and bad educational standards are marring the higher legal education of India. In these circumstances we cannot have sufficient and qualitative cyber lawyers in India.

Presently, Perry4Law is the leading techno legal ICT law firm of India and one of the best in the world. It has world class techno legal and cyber lawyers that have tremendous capabilities and legal acumen.

Perry4Law is sharing its expertise with others through Perry4Law Techno Legal Base (PTLB) that provides techno legal trainings to various stakeholders. We need similar initiatives in this regard so that India can have a ready made force of cyber lawyers.

Legal Services In India Under Metamorphism

Legal services and practice in India is passing through a stage of metamorphism. The legal services in India are still not open to foreign lawyers due to absence of mutual understanding in this regard with various jurisdictions.

This also is logical as when Indian lawyers are not permitted to practice in foreign jurisdictions there is no sense in allowing foreign lawyers to practice in India as well.

With the recent interim order of the apex court of India, legal practice in India now exclusively belongs to Indian advocates. This means that foreign law firms, LPOs and chartered accountant (CA)/whole time company secretary (CS) firms cannot provide legal services in India anymore.

The terms legal services has been interpreted very broadly by higher courts of India. Now even the apex court of India has declared that legal service include both litigation based as well as non litigation based services. This virtually covers all the legal services in India and any person, organisation, foreign law firm, CAs, CS, etc who are not enrolled with the concerned bar council and actually practicing law would be engaging in illegal activity.

This would definitely benefit local players and Indian LPO service providers like Perry4Law who would play a more pro active role in the LPO/KPO segment of India.

In similar parallel development, legal fraternity of India is getting serious but legal education is getting worst. While the respective bar councils are playing a good role in the development of legal education and legal standards in India yet higher legal education in India is still suffering from corruption and bad educational standards.

The coming months would witness numerous actions in this regard and only time would tell whether they would be useful or harmful.

Cyber Forensics Training In India Is Needed

Cyber forensics has become an integral part of civil and criminal systems of countries across the globe. This has also mandated that lawyers and judges must be aware of scientific principles of cyber forensics.

This cannot be achieved till we ensure cyber forensics skills development in India for legal and judicial personnel. Thus, cyber forensics trainings in India have become absolutely essential in the present environment of information technology.

The recent stress upon developing cyber forensics capabilities in India by the union home ministry has at last brought the importance of cyber forensics to the forefront. Till now cyber forensics in India has been an ignored field in India.

In the absence of adequate skills and expertise, the Indian response to cyber forensics has been very indifferent. Cyber forensics is a much needed skill in India keeping in mind the ever increasing cyber attacks against India. Further, according to techno legal experts of India, cyber forensics can also help in strengthening of cyber security of India. Thus, cyber forensics in India needs rejuvenation as soon as possible.

Presently, there are very few institutions that are providing cyber forensics and information technology courses in India. Further, institutions providing effective and practical techno legal online cyber forensics courses in India are almost missing.

Perry4Law, Perry4Law Techno Legal Base (PTLB) and Perry4Law Techno Legal ICT Training Centre (PTLITC) have been providing exclusive techno legal e-learning courses, trainings and educations in India. PTLB is also managing the exclusive techno legal e-learning virtual campus in India and world wide.

One of the courses and trainings of PTLB also pertains to cyber forensics. PTLB provides both basic levels as well as highly specialised and domain specific cyber forensics courses in India and abroad.

If you are interested in the courses and trainings of PTLB, you may wish to read the PTLB Virtual Campus in this regard. Further, the resource on techno legal skills development may also be useful for the intended students and trainees.

Are Online Travel Companies In India Adopting Unfair Practices?

Are online travel agencies in India violating cyber law of India? Are online travel companies in India adopting unfair practices? These are few of the questions that are making round these days.

These doubts and questions are arising because of the nebulous condition of e-commerce law of India. The e-commerce laws in India are still evolving and e-commerce stakeholders in India are not aware of cyber law due diligence in India. Neither the online travel companies nor the online consumers are aware of the consequences of online transactions entered in India in an improper manner.

To further aggravate the position, Indian cyber law is in a poor state of condition. In fact, techno legal experts like Praveen Dalal, managing partner of ICT law firm Perry4Law, have openly suggested repealing of the information technology act, 2000 (IT Act 2000) as it is clearly violating civil liberties in cyberspace.

"Personally, I believe that Indian Cyber law is outdated and it needs urgent repeal," Praveen Dalal said. However, he has been suggesting reforms for the same for the last five years. Dalal also feels that the Indian government is indifferent towards this much needed requisite.

As a result, online travel companies and other e-commerce companies and websites are operating in India with great disregard to the cyber law of India. Further, at times their activities are also suspicious. For instance, many of you must have realised that while booking air or other tickets online, the price of tickets increases substantially suddenly within few seconds.

Numerous complaints have also been lodged in this regard with the online travel companies and agencies of India. The travel portals have sidelined the issue by citing the same as a “technical error”.

This episode has happened in addition to the controversial practice of selling “opaque charges” where the name of the airline is not disclosed till the ticked is booked. Many airlines of India have openly protested against this practice and have either withdrawn their business completely from online travel portals or have reduced it to the sub minimum limits.

There is an urgent need to formulate dedicated laws for online travel companies and agencies of India. Till then the customers have to bear the irregularities and unfair practices on the part of airlines and online travel companies and agencies operating in India. However, they can take sufficient legal actions against both airlines and online travel companies and agencies where the situation and circumstances warrant so.