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India’s Insolvency Evolution: From A Fragmented Past To A Creditor-Centric Future

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  India’s insolvency laws have moved from a complex, debtor-friendly system to a simpler, creditor-focused approach with the Insolvency and Bankruptcy Code (IBC). The 2026 Amendment Act builds on the 2016 IBC to fix problems like delays and misuse, aiming for quicker and more effective resolutions. The Old Insolvency Regime Before the IBC came in 2016, India’s insolvency system used several old laws that mainly helped debtors instead of helping creditors recover money. This often led to long delays and lower asset values. Key laws included the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA), which allowed the Board for Industrial and Financial Reconstruction (BIFR) to declare companies “sick” and pause legal actions for years, though these efforts rarely succeeded. The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI) let secured creditors recover assets without going to court, but it only covered certain...
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Managing Intellectual Property Rights in Indian Pharmaceutical Companies -Innovative Techniques for In‑House Legal Teams

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  Protection of IPR provides fair incentives to innovations, helps prevent potential IP infringement and enables inventors from defending infringement cases. Specifically in the pharma sector, the process of identifying ones IP, protecting ones IP and commercialising the asset provides exclusive rights to inventors of life-saving drugs to market their products openly, reap profits from their R&D efforts and also prevent others from unauthorized manufacturing or sale of these products. IP protection in the pharmaceutical sector holds significant importance, as it provides commercial advantages and also holds public health considerations. Some key ways in which the Indian pharmaceutical industry can effectively manage its IPRs are outlined below. 1. Patent registration It is imperative for pharmaceutical companies to obtain a registration for its novel drug or medical equipment or process. For obtaining a patent, the drug/ equipment/ medical process must be novelty, inventive and...
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