Common Sense Law

  UNFAIR TRADE PRACTICE, CORPORATE STRATEGY, & THE ECONOMY OF WASTE AN INTRODUCTION TO OUR HANDS BEING TIED Ever wondered why do spares cost more than the sum of the whole product? Why does the replaced new spare magnetron of a microwave oven not carry the same warranty duration as the original part that came with the product? Especially in instances wherein availability of spares is restricted to manufacturer channels rather than open market, on the ground of protection of IPRs and trade secrets! Same goes for parts of a water RO system that could carry warranties as low as 1 month. Are spares inferior to the original part? These are questions no one asks. A Samsung TV display panel costs so much that purchasing a brand new TV would seem a plausible option. If spares carried the same warranty as the original, the lifecycle of a product would increase and e-waste (and overall waste generation) would reduce. Ever used a Hawkins pressure coo...

  Proposed Amendment to E-Commerce Rules, 2020 A Pinch of Salt & the Devil in the Details The Consumer Protection (e-Commerce) Rules, 2020 (the “ECR”) were framed and notified on 23-07-2020 under S.101(1)(zg) of the Consumer Protection Act, 2019 (the “Act”). The legislative rationale for the same was that: “ the development of e-Commerce has rendered the consumer vulnerable to new forms of unfair trade and unethical business practices and also violation of personal data and information secrecy. Misleading advertisements, tele-marketing, multi-level marketing, direct selling and etailing pose new challenges to consumer protection. ” The ECR were framed to compliment the Act by regulating all e-Commerce activities and transactions. The ECR have sought to govern e-Commerce activities by laying down duties and liabilities to be adhered to by e-Commerce entities, marketplace e-Commerce entities, sellers on marketplace, and inventory e-Commerce entities. The Act defines ‘...

ASCI – Influencer Ad Guidelines – Need for a Legal Binding Framework In recent times, we have witnessed the rise of Influencer Marketing as a very popular advertising medium. With its reach rooted in social media (such as YouTube, Instagram, Snapchat, etc), it has proven a very effective new marketing frontier for almost all types of brands globally. It has thus posed a challenge for law to regulate, as it does involve the traditional advertiser and consumer, but in addition, it also involves the Influencer. This has necessitated a new and innovative set of rules of governance, more so from the point of view of both advertising businesses and consumers, since social media has blurred the line between fans / followers and consumers, and those between online social interactions and advertising. This has posed challenges to the understanding of consumer rights, and advertiser rights and obligations, in the backdrop of unfair trade practices (UTP) 1 and consu...