3 ASIAN LEGAL BUSINESS – INDIA E-MAGAZINE WWW.LEGALBUSINESSONLINE.COM to withstand the rapid technological changes. From metaverse, NFTs to Web 3.0, our firm combines expertise and experience to provide forward-facing solutions. Understanding the technology and keeping abreast with the policy deliberations are also important factors that allow us to carve out niche solutions for our tech clients. Arjun Sinha, founding partner, AP & Partners: The growth of India’s technology industry and its fast-paced regulatory environment have significantly increased the demand for legal support. As opposed to a traditional model of engagement, teams need to keep themselves updated of frequent changes and proactively inform their clients of the potential impact on their business. Moreover, as Indian businesses expand globally, we now need to be up to date with global legal developments and work with partners in multiple jurisdictions. Vidushpat Singhania, managing partner, Krida Legal: The growth of India’s technology industry is driving a compelling need for legal support. With the rapid advancement of technology and digital innovation, various sectors of the Indian economy, including e-gaming/ sports, e-commerce, fintech, artificial intelligence, and blockchain, have experienced remarkable transformations. This growth has given rise to complex legal challenges that necessitate specialized expertise. The rise in technology has necessitated changes being reflected in existing laws and rules in the country. The Department of Consumer Affairs and ASCI both have in 2022 issued various guidelines to be followed by celebrities and social media influencers to prevent misleading advertisements and to also prevent surrogate advertising. Any contravention with such guidelines would imply the risk of being slapped with stringent action on part of the authorities. Hence, it is necessary to ensure that any and all online advertisement campaigns run by our clients are in compliance with these guidelines. Similarly, MEITY recently introduced the amendments carried out to the IT (Intermediary Guidelines and Media Ethics Code) Rules 2021 to inter alia provide for the creation of Self-Regulatory Bodies (SRBs). These SRBs will be tasked with creating various frameworks for the verification and approval of permissible online games which can be offered to users for real money as a form of entertainment. The amended IT Rules 2021 also provide for establishment of mandatory posts by online intermediaries, including gaming companies, to ensure swift action by such entities in the event of occurrence of any cyber-security incidents. The changes in these laws have been brought to effectively counter advancements in technology. In such cases, it is always our effort to ensure that compliance requirements of our clients are met and that the client is not in breach. Lastly, the landscape pertaining to data security and the rules and regulations in relation thereof will undergo a massive change as and when the Digital India Bill and the Digital Personal Data Protection Bill are passed by Parliament. It is expected that both the legislations will effectively answers questions surrounding data-security in India. The compliance of technologies with the data-security standards to be established under these legislations will be key moving forward. ALB: Could you provide some examples of the specific legal challenges that these companies face? Anand and Mittal: Some of the specific legal challenges that technology industry is facing in India in the present day, include, first, online piracy and sale of counterfeit goods, especially on e-commerce websites, which claim safe-harbour, disclaim liability and require that with each instance of infringing content being uploaded on the platform, rights owners resort to the “notice-and-take-down” scheme. Recent legislative and policy initiates such as Intermediary Guidelines, 2021 (as amended in 2022) have helped make stricter norms around these. Second, misleading content posted on social media by influencers hired by established brands. With the power of influencers on the rise, the responsibility with which they endorse products or services, must increase. Recent guidelines floated by the Advertisement Standards Council of India (ASCI) and amendments to the Consumer Protection Act and underlying rules require all such advertisements to be taken down, unless clear disclaimers are given to the public that these are merely endorsements at the best of other brands. Third, online gaming. The casual gaming industry in India has seen a major boost with takers across the length and breadth of the country. Protecting the unique interface of their games, ensuring that key strategic inputs are protected adequately as trade secrets and that new games are developed in a clean manner without getting tangled in disputes surrounding IP owned by other companies are some of the major elements in the gaming space today. Singh and Jha: Rapid expansion and evolution of the sector has presented technology companies with complex legal challenges that require specialized support. At Inttl Advocare, we have had the privilege of assisting numerous technology companies in navigating these challenges effectively. Speaking from our experience, one of the significant legal challenges that companies face, is protection and enforcement of their intellectual property rights. As technology companies invest substantial Pravin Anand Vaishali Mittal Hemant Singh Mamta Jha Arjun Sinha Vidushpat Singhania
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