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Articles

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

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Skill versus chance - A saga of online gaming

26 October 2015

The current trend of selecting national or international players/athletes based on their performance/skill/fitness and creating one’s own virtual team to compete on a virtual platform is not a novel concept. In fact, this indulgence dates back to the post World War II era.

Intellectual Property Rights

Delhi High Court grants permanent injunction in case of Sitagliptin

23 October 2015

Nearly three years after Merck (patentee) initiated an infringement action over its patented diabetics drug sitagliptin (Indian Patent 209816, sold under the brand names Januvia and Janumet), the Delhi

Does GST continue with distortions of existing tax structure?

16 October 2015

Besides being a source of funding of public expenditure, taxes also enable influencing expenditure patterns thereby distorting individual behavior.

International Trade & WTO

Consistency between Indian Domestic Law and WTO: ADA to be maintained

09 October 2015

Article II of the GATT, 1994 provides that a Member country shall follow MFN principle. Article II.2 provides for exception to the MFN principles.

Direct Tax, Regulatory Laws

Consortium contracts with Government – Legal status

01 October 2015

It is basic economics - when it comes to consumption, government has the largest appetite. Government purchases include goods and services obtained from domestic and international suppliers and deployed in myriad projects ranging from defence and railways to infrastructure and oil.

Intellectual Property Rights

Software inventions - Examining patentability

28 September 2015

The Indian Patent Office recently released the final version of the Guidelines for Examination of Computer Related Inventions.

Plastics – To ban or not to ban, is the question!

21 September 2015

Plastic packaging is big business. The India Brand Equity Foundation (IBEF) estimated the Indian packaging industry to be at about US$28 billion in 2014, with roughly half the market share belonging to plastic packaging [see end note 1].

The Rule 6 conundrum – Whether ‘Total’ Cenvat credit to be considered for reversal formula?

16 September 2015

An assessee who is a manufacturer of dutiable goods or provider of output service or both invariably receives a number of services on which he pays service tax and is eligible to take credit of the same in terms of Rule 3(1) of Cenvat Credit Rules, 2004.

International Trade & WTO

Enhancing effectiveness of enforcement – Retreading trade remedy law

10 September 2015

As a top merchandise trader, just behind China [see end note1], the USA is a huge import destination and a frequent user of the Anti-dumping instrument, USA is not new to innovations in AD laws and has already been through the Bryd Amendment which sought to distribute the revenue from AD levies amon

Direct Tax

Jurisprudence of international tax law

28 August 2015

Taxation is a subject over which each State exercises its sovereign right. The basic charge of taxation can be traced to the domestic taxation law of a State.

Customs

Refund of excess customs duty paid under self-assessment system

19 August 2015

The Central Excise law provided for physical control for all commodities except a few in the past.  However, subsequently self-assessment mechanism was introduced in Central Excise in which the revenue authorities’ role at the time of clearance of goods has become almost nil.

Intellectual Property Rights

‘Make in India’ meets the Biological Diversity Act

17 August 2015

‘Make in India’ is a flagship, nation-wide initiative of the Government of India launched in September 2014.

Corporate Advisory

Letter and Spirit of the Law

13 August 2015

The universal complaint against lawyers is that they have five different and contradictory interpretations of the same sentence, each fully justified. Some of our laws are centuries old and the language is so archaic that the original intent of the then legislature is obfuscated by time and

International Trade & WTO

Transparency and confidentiality in AD investigation proceedings

07 August 2015

Investigation process adopted by the Designated Authority in anti-dumping cases has recently been called into question before the Hon’ble Delhi High Court by the participating exporters.

Regulatory Laws

Engaging Contract Labour: The prerequisites and the pitfalls

03 August 2015

Companies engage contract labour to keep the head count low and for the scalability and flexibility it provides in management of workforce. Though employment of contract labour in India has attracted debates, it has become a significant and growing form of employment,

Direct Tax

Corporate Guarantee – Certainty in taxation not guaranteed!

27 July 2015

Affiliates of Multi National Enterprises (‘MNEs’), in the recent past, are moving more towards functioning independently from their parent, operational and financial. 

Intellectual Property Rights

Separation of rights under copyright & design laws

22 July 2015

Under the Indian IP system, a clear distinction has been made between rights available under the Designs Act, 2000 (“the Designs Act”) and the Copyright Act, 1957 (“the Copyright Act”), to avoid any overlap in protection under the two Acts.

GST and centralized registration

15 July 2015

Much has been said about the introduction of levy of additional 1% tax proposed under clause 18 of the Constitutional (122nd Amendment) Bill 2014, (duly passed in Lok Sabha and which is now placed before a special committee, pending for approval by the Rajya Sabha, and subsequently by 50% of State

International Trade & WTO

Courting balance between investor and host state in ISDS

09 July 2015

The  India’s model BIT (Bilateral Investment Treaty) was criticised as moving away from investor protection and being unreal.

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