IPR - 'PLUTO' remains dominant part of both marks; Minor differences in presentation or added descriptors do not mitigate risk of confusion among consumers: HC (See 'Legal Desk') IPR - Rejection of patent application on blatantly illogical and misconceived reasoning, namely that invention was 'too simple' to qualify as patentable, was not justified: HC (See 'Legal Desk') IPR - If goods of Petitioner are actually and in fact identified as 'PISCO', then GI PISCO would legitimately apply to such goods, as per Section 2(1)(e) of GI Act: HC (See 'Legal Desk') DoT rolls out Sanchar Mitra Scheme nationwide to empower Youth (See 'Corp Brief') IPR - Writ Court is yet to decide plea of Lenskart as to no intention to infringe in using Titan's trademark on websites: HC (See 'Legal Desk') Meity launches Whitepaper on Quantum-Safe Cybersecurity (See 'Corp Brief') IPR - Registrar of Trademarks must give reasoned order for pre-acceptance advertisement: HC (See 'Legal Desk') Quality Control Order on Steel Products: Exemptions given to dispatched consignments (See 'Corp Brief') IPR - Courts can't decline protection to plaintiff on sole ground that subject matter of passing off action happens to be registered design: HC (See 'Legal Desk') Semicon India 2025: 300 companies from 18 countries to participate (See 'Corp Brief') IPR - Copyright infringement by rogue websites who were using modern technology to hide their identities while unlawfully benefiting from JioStar's copyrighted works, calls for dynamic injunction: HC (See 'Legal Desk') Science & Technology is key growth engine for India's Economic Rise: MoS (See 'Corp Brief') IPR - Registrar of Trade Marks need to consider factors mentioned u/s 11(6) of Trade Marks, while deciding whether mark is known or recognized in relevant section of public: HC (See 'Legal Desk') Why Family Businesses in India Are Losing Their Own Bloodline (See CORP EINSICHT)

Centre promulgates IBC Amendment Ordinance

Published: Apr 07, 2021

By TIOLCORPLAWS News Service

NEW DELHI, APR 7, 2021: THE government has promulgated the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021 on April 4, to allow a pre-packed insolvency resolution process for Micro, Small and Medium Enterprise (MSME) debtors.

The amendments aimto provide an efficient alternative insolvency resolution framework for the MSMEs, ensuring "quicker, cost-effective and value maximising outcomes for all the stakeholders, in a manner which is least disruptive to the continuity of MSMEs businesses and which preserves jobs."

It allows only the debtor to trigger the bankruptcy process and lets the government notify such pre-packaged process for defaults up to Rs. 1 crore.

The Central government said the initiative is based on a trust model and the amendments honour the honest MSME owners by trying to ensure that the resolution happens and the company remains with them.

"It provides an efficient alternative insolvency resolution framework for corporate persons classified as MSMEs for timely, efficient and cost-effective resolution of distress thereby ensuring positive signal to debt market, employment preservation, ease of doing business and preservation of enterprise capital," they added.

It is expected that the incorporation of pre-packaged insolvency resolution process for MSMEs in the code will alleviate the distress faced by MSMEs due to the impact of the COVID-19 pandemic.

The pre-packaged insolvency process will also lead to lesser burden on the adjudicating authority, assured continuity of business operations for corporate debtor, less process costs and maximum assets realisation for financial creditors and rights protection for operational creditors.

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