The issue of whether Poker is a â€˜game of skillâ€™ or a â€˜game of chanceâ€™ was never discussed in detail by any Court in India until the recent decision/order dated December 4, 2017 passed by the Gujarat High Court in, â€œDominance Games Pvt. Ltd. V. State of Gujaratâ€, wherein, the said issue was extensively pondered upon. The Court in its said decision held that poker is a â€˜game of chanceâ€™ and hence amounts to gambling under the Gujarat Prevention of Gambling Act, 1887. While arriving at the aforesaid decision, the Court inter alia observed the following:
Intellectual Property RightsPatents, designs, copyrights and trademark are industrial property as they are used in some form of industry or business. They are also aptly termed intellectual property since they are the products of … A Bill based on the recommendations of the Task Force, was introduced in the Lok Sabha on 4 August, 98. The Bill was referred to the standing committee on Finance which submitted it’s report to the House on 23 December’98 with suggestion and modi… The Trade and Merchandise Marks Act only allows for registration of trademarks used in connection with goods. Service marks or trade marks used in relation to services alone, such as names of travel agencies, finance companies, airlines… In view of the above, it is clear that if a game is considered to be a â€˜game of chanceâ€™ under the state laws and rulings by the Courts and is played with stakes, it would constitute as gambling under the respective state laws with exceptions pertaining to a few states as mentioned above. If an entity is able to show that a particular online game or a particular on-ground gaming activity has preponderance of skill over chance and/or is played as a sport without stakes, it may fall within the exception of gambling under the state gambling laws. It is pertinent to note however that if online gambling is illegal in any state, the promotion of the same in such a state would amount to violation of ASCI Code as well as Cable TV Network Regulation Act, 1994. About Helpline law
IntroductionA partnership is the relationship between persons who have agreed to share the profits of a business carried on by all or any of them acting or all. In India it is governed by the Indian Partnership Act, 1932, which extend… (a) Retail Trading (except single brand product retailing) (b) Atomic Energy (c) Lottery Business including Government /private lottery, online lotteries,etc. (d) Gambling and Betting including casinos etc. (e) Business of chit fund (f) Nidhi company (g) Trading in Transferable Development Rights (TDRs) (h) Real Estate Business or Construction of Farm Houses (i) Activities / sectors not opened to private sector investment. There has been a substantial discussion by Supreme Court and High Court on what constitutes a â€˜game of skillâ€™ and a â€˜game of chanceâ€™. What is adduced from the judgments is that a game where there is preponderance of skill over chance is a â€˜game of skillâ€™ and vice-versa.
India Patent Law IntroductionIndia Patent, under the Act 1970, is a grant from the Government to the inventor for a limited period of time, the exclusive right to make use, exercise and vend his invention. After the expiry of the duration of patents,… The Foreign Exchange Management Act (FEMA) 1999 was introduced within India in 1999 in order to govern the exchange of foreign currencies. Technically, depositing to a gambling site in a currency other than rupees could be considered an exchange of foreign currencies and thus be covered by the act however, no direct provision for the same has been made clearly available till date. The Public Gaming Act of 1867 makes no reference to online gambling. This is no surprise, given that the internet was a long way from being invented when it was introduced. It can be ascertained that a gambling website in India is deemed illegal under the terms of this act, given its wording. Besides, foreign investment in any form, foreign technology collaboration in any form, including licensing for franchise, trademark, brand name, management contract etc., is also completely prohibited for Lottery Businesses and Gambling and Betting activities. The Sikkim state government issues its first license for an online gambling operator; Future Gaming Solutions Private Limited. Future Gaming will now be able to legally offer real money for online betting and gaming services within the state.