Random Legal Information

Background: To understand the relevant legislations governing the sale of optical lens i.e. contact lens in India and further the regulations if any on the sale of contact lens via the e-commerce platform. Whilst I have not come across a specific legislation regulating such sale, I would like to draw attention to the Drugs and Cosmetics Act, 1940 (“ Act ”) and the Drugs and Cosmetics Rules, 1945 (“ Rules ”) made thereunder. The Act defines a drug in such a manner that it includes devices intended for external use in the diagnosis, treatment , mitigation or prevention of disease or disorder in human beings [1] . Contact lens are intended to correct or improve the vision of people with myopia, hyperopia, presbyopia, and astigmatism by wearing it over the eye, thereby it can be inferred that contact lens is in fact a device intended for external use to treat a disorder in humans. Chapter IV of the Act provides for the procedure to manufacture, sell and distribute drugs,

Starting off in any sphere can be a challenge, the same is no different for an entity planning to enter the commercial environment. Intense preparation, structuring and foresight is required to emerge victorious in today’s cut throat and competitive backdrop. In addition, financial assistance, infrastructure, legal safeguards, intellectual property rights and myriad requirements arise as the entity grows. In order to aid and support such entities namely startups, the Ministry of Commerce and Industry through the Department of Industrial Policy and Promotion (“ DIPP ”) vide notification dated February 17, 2016 (“ Notification ”) introduced the ‘Startup India’ initiative. The objective of the initiative is to promote the startup environment in India and give it a much needed boost. To be identified as a ‘startup’, DIPP laid down certain criterion such as: (i)                  an enterprise/ entity will be a startup only up to five years from the date of being register