articles
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.
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.