ebl final ppt

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Amity Business School

BUSINESS ENVIRONMENT AND LAW

STUDY ON WIPRO LIMITED

Group – 3

ANKITA SONI MANSI VERMADISHA BHAGATPALLAVI SARASWATTARU TANEJARUCHI PACHAURI Submitted to: RAHUL SHARMA Mrs. MONICA SURI

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Amity Business SchoolCONTENTS

• Introduction Of the Co. Wipro Ltd.• Director’s Report• Company Law• Memorandum Of Association• Articles Of Association• Case – related to Trade Mark Act.• Judgement• Learnings

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INTRODUCTION OF WIPRO LIMITED

• Wipro (an acronym of "Western India Vegetable Products") started as a vegetable oil trading company in 1947 from an old mill at Amalner, Maharashtra, India founded by Azim Premji's father.

• At the age 21 he repositioned it and transformed Wipro (Western India Vegetable Products Ltd) into a consumer goods company that produced hydrogenated cooking oils/fat company, laundry soap, wax and tin containers and later set up Wipro Fluid Power to manufacture hydraulic and pneumatic cylinders in 1975.

• In 1975 it was valued at $2 million.• In 1977, when IBM was asked to leave India, Wipro entered the

information technology sector. In 1979, Wipro began developing its own computers and in 1981, started selling the finished product.

• In 1980 Wipro moved into software development and started developing customized software packages for their hardware customers

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Directors Report

• Presented by Dr. Ashok Ganguly Director Wipro

• For fiscal year 2008-09

• Profit of 38,999 million with losses mounting to 7,454 million

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• Global Economy

• Subsidiary Companies

•Consolidated Results

•Dividend

•Personnel

•Mergers and Acquisitions

•Research & Development

•Conservation of Energy

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COMPANY LAW IN WIPRO LTD.

EXAMPLE:

CODE OF CONDUCT AND ETHICS IN BUSINESS TRANSACTION

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INTRODUCTION

• Code of business conduct and ethics helps to ensure compliance with legal requirement and our standards of business conduct.

• Principles described in code of business conduct and ethics should be known to all the employees.

• Code of business conduct and ethics is subject to modification.• An acknowledgement form at the end of code of business

conduct and ethics needs to be signed by employee.

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COMPLIANCE IS EVERYONE’S BUSINESS

• Ethical business conduct is critical to Wipro’s business.• An employee has the responsibility to respect and adhere to

these practices.• Violations of law in case of code of business conduct or any other

company policies can lead to disciplinary action including termination.

• One should know about the appropriateness of an event or action.

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YOUR RESPONSIBILITIES TOTHE COMPANY AND ITS STOCKHOLDERS

• General standards of conduct• Application laws• Confilcts of interest• Corporate opportunities• Protecting the company’s confidential information

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Responsibilities to our customers and our suppliers

• Customer relationship• Payments or gifts from others• Publications of others• Handling the confidential information of others• Selecting Suppliers• Government relations

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• Lobbying

• Government contracts

• Free and fair competition

• Industrial espionage

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Memorandum of Association

Memorandum of association of a company is a document that governs the relationship between the company and outside.

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Memorandum of Association of Wipro Ltd.

• The name of the company is Wipro limited.• The registered office of the company is situated in the state of

Karnataka .• Objects• Members liability limited• Capital

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Articles of Association

The articles of association of a company, often simply referred to as the articles are the regulations governing the relationships between the shareholders and directors of the company, and are a requirement for the establishment of a company under the law of India, the United Kingdom and many other countries .

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Articles of Association of Wipro Ltd.

Important points are:-

• Constitution of the company .• Capital• Share and shareholders .• Increase and reorganization of capital .• Directors and their qualifications .• Winding up.

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• Obligations under securites laws to prevent “insider” trading

• Prohibition against short selling of company stock

• Use of company’s assets

• Maintaining and managing records

• Records on legal hold

• Payment Practices

• Prevention of corruption Act

• Export controls

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CASE

WIPRO LTD.VS.

OUSHADA CHANDRIKA AYURVEDIC INDIA (P) LTD

(Trade Marks Act, 1999.)

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FACTS OF THE CASE

• Oushadha Chandrika (Kerela) infringed and used the trademark “Chandrika” of Wipro Ltd.(Chennai)

• Wipro filed a suit, in the district Court,(under section 134 of the Trade Marks Act, 1999)

for permanent injunction against Oushadha.

• Wipro also filed another suit to restrain Oushadha from violating their copyright in “Chandrika”.

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FACTS (Continued)

• An ex-parte order of injunction on an interlocutory is passed against Oushadha.

• Oushadha files an application for rejection of the plaint.

• The defendant also contends that the place of business was different and just had a branch office in Chennai . Also, Oushadha did not sell any of the goods in Chennai.

• Thus, Wipro’s suit is rejected.

• Wipro defends itself saying that claims made by them are relevant whereas those made by the defendant are not.

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THE HONOURABLE COURT HELD

The Court analyzing the provisions under contention, concluded that

a deliberate departure from S. 20 of the Civil Procedure Code, 1908 had been made, in as much as to include all places where business activities were conducted, be it the principle place of business or a place where branches were located. Considering that an objection on the question of jurisdiction was raised by way of demurrer and not by trial, the Court opined that the objection be proceeded considering the facts presented by the initiator of the impugned proceedings as true. The Court allowed the appeals and restored the suits, while reviving the ad-interim injunction.

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LEARNINGS

• Company Law• Memorandum Of Association• Articles Of Association• How a case is filed.• Trade Marks Act, 1999 (Sec- 134)• Civil Procedure Act, 1908 (Sec-20)• A revision of what is an “INJUNCTION”

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THANK YOU

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