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Our attorneys and specialists remain up-to-date with the latest legal developments and offer their perspectives and critical commentary.

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International Trade & WTO

Market economy status to China – Debate continues

08 February 2016

The EU Commission recently held a debate on the sensitive issue of granting ‘market economy status’ to China. Considering China’s Accession Protocol, it may be noted that the final decision will have to be made by the European Parliament and EU Member States later this year.

Intellectual Property Rights

The curious case of patent infringement CTR v. Sergi

28 January 2016

This case pertains to a suit filed by CTR Manufacturing Industries Limited against Sergi Transformer Explosion Prevention Technologies Pvt. Ltd.

Direct Tax

Draft guidelines for determination of PoEM - A incongruous note to an intended harmonious provision?

22 January 2016

Section 6(3) of the Income Tax Act, 1961 (‘Act’) has been amended vide Finance Act, 2015 to introduce the concept of Place of Effective Management (‘PoEM’) to determine residential status of companies. Memorandum to Finance Bill, 2015 provided that the amendment has been brought to align the provisi

Regulatory Laws

Wishlist 2016 for Real Estate Sector in India

22 January 2016

Agricultural land in the rural areas and real estate in  cities has always been  a stable rock for economies and investors since time immemorial across the world.  Warren Buffet in his annual  letter to shareholders about investing in real estate in 2014 said  “Whatever the chatter,

‘Place of removal’ – The debate continues

20 January 2016

Central Excise law, after six decades of its existence, is expected to yield its place to the Goods & Service Tax (GST) shortly but it continues to evolve even today.

International Trade & WTO

Initiation of investigation: Issue of cumulation

11 January 2016

Article 5 of WTO:ADA provides for initiation and subsequent investigation. Clause (ii) of Article 5.2 provides that the application shall contain the information relating to the names of the country or countries of origin or export in question

Resolving disputes the ‘Ordinance’ way

28 December 2015

The Arbitration and Conciliation Act of 1996 (‘the 1996 Act’)  was an improvement on the Arbitration Act 1940 but did not manage to put an end to the long & dreary litigation tunnels for the disputing parties with a little help from the highest court of our land.

Arbitration Ordinance, 2015 – ‘Public Policy’ defined

28 December 2015

In order to facilitate the ease of doing business, the Government of India (‘Government’), intends to overhaul the regulations  governing business by abolishing many outdated laws and making extensive changes to the existing ones to allow companies to concentrate on their business and profits.

Intellectual Property Rights

Divided on divisional patents

24 December 2015

Divisional patent applications refer to such patent applications which have been divided out from a first filed patent application, also called a parent application.

Swachh Bharat Cess – Certain issues

23 December 2015

Swachh Bharat Cess (“SBC”) proposed at the “rate of 2% on all or any services” in Budget Speech on 28th February 2015, was notified vide Notification No.

Direct Tax

Situs of IP for taxing rights

21 December 2015

The penetration of digitalization in every sector of the economy is a challenge from taxation perspective.

International Trade & WTO

Countervailing duty laws in India

11 December 2015

India has finally opened its account by concluding its first Countervailing Duty (“CVD”) investigation with the issuance of the final findings [see end note 1] in the CVD investigation concerning “Castings for Wind Operated Electricity Generators” from China PR.

Intellectual Property Rights

Slogans - An issue of descriptiveness

27 November 2015

Getting trademark protection for slogans is often accompanied by one particular hurdle of retaining exclusivity, which results from their descriptive nature.

Environment Laws (Amendment) Bill, 2015: A Sisyphean Challenge

26 November 2015

The Draft Environment Laws (Amendment) Bill, 2015 was published by the Ministry of Environment, Forest and Climate Change (MoEFCC) on October 7, 2015. The objectives of the Draft Bill are to provide for “effective deterrent penal provisions” and to introduce “

Direct Tax

Section 197 certificate is not proving to be good enough?

20 November 2015

Provisions relating to deduction of tax at source (‘TDS’) do offer the government a good tool of efficient tax recovery but unless counterbalanced with a measure like Section 197, can become a weapon of oppression.

Valuation of composite goods under VAT laws

17 November 2015

In the case of State of Punjab v. Nokia India Pvt Ltd (2014-VIL-23-SC), the Supreme Court held that battery charger of a cell phone is not a composite part of the cell phone but only an accessory and is an independent product.

International Trade & WTO

Date of expiry of definitive anti-dumping duty

10 November 2015

It is a debatable issue from which date the period of 5 years should be reckoned for determining the date on which imposition of definitive anti-dumping duty would expire, if no sunset review is conducted before such expiry (Article 11.3 of WTO: ADA).

Direct Tax

Month-end Provisions and Reversal – Is TDS called for?

28 October 2015

Multi-national enterprises (MNEs) do make monthly provision for various expenses in their ERP system at the end of each month.

Regulatory Laws

Legitimacy of levy of seigniorage fee on consumers

26 October 2015

This article deals with the validity of the levy of seigniorage fee on the consumer/user and the ambiguity in the calculation of the same.

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