articles
Intellectual Property Rights
National IPR Policy - What is the IPR Think Tank thinking?
23 March 2015
The Department of Industrial Policy and Promotion (DIPP) formed a six member committee on 22nd October, 2014 to formulate National IPR Policy.
Budget 2015 & supplies to ICB Projects – Certain Issues
16 March 2015
Supplies against International Competitive Bidding (ICB) have been on the rise with several specified projects being awarded in the recent times. In Union Budget, 2015 itself, five ultra Mega Power Projects have been announced
International Trade & WTO
Time period for completing anti-dumping reviews - An issue in flux
16 March 2015
By Lakshmi Neelakantan The provisions relating to anti-dumping measures under the Customs Tariff Act 1975 (“Act”) and the Customs Tariff (Identification, Assessment & Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (“AD rules”) provide for differen
Direct Tax
ICDS – Will it make an Impact?
16 March 2015
The Central Government is empowered[see end note 1] to notify ‘accounting standards’ under Section 145 of the Act[see end note 2] which need to be necessarily followed while computing income under the head ‘profits and gains of business or profession’ or ‘other sources’.
Securities Laws
The Proposed Watchdog Merger
09 March 2015
While the budget 2015 is being heralded as anywhere between good to excellent, a particular portion of the budget speech caught many a fancy as Mr. Jaitley, Finance Minister announced “I also propose to merge the Forwards Markets Commission with SEBI to strengthen regulation of commodity forward
Direct Tax
Shareholder’s activity – India’s stand
29 January 2015
Subsidiaries of Multi National Enterprises (‘MNEs’) generally avail the services of their group companies for routine business operation and management.
Intellectual Property Rights
Design registration in India – An overview
22 January 2015
The registration of designs in India is governed by the Designs Act, 2000, which was made effective from May 11, 2001, and the Design Rules, 2001.
Corporate Advisory
Holding-subsidiary loans prohibition - Respite under company law
20 January 2015
On 2nd December, 2014, the Union Cabinet, approved the Companies (Amendment) Bill, 2014 (‘Amendment Bill’) for introduction in Parliament (Lok Sabha) to make certain amendments in the Companies Act, 2013 (‘2013 Act’). The 2013 Act was brought into force partly on 12th September, 2013
Place of Entertainment – Uncertainty prevails
14 January 2015
With the passage of time, different technologies and standards evolve. Similarly, law cannot stand still; it must change with the changing social concepts and values [see end note 1].
International Trade & WTO
Information Technology Agreement-II – Should India join?
14 January 2015
Recently we saw how two bilateral agreements made the existence of WTO seem more relevant, by infusing more energy in the apex trade body.
Direct Tax
Engineering, Procurement and Construction (EPC) contracts in India
24 December 2014
The economic growth that India witnessed in last two decades has attracted Multinational Enterprises (‘MNEs’) to increase their business presence manifold in India.
International Trade & WTO
Hearing in anti-dumping investigation – A comparative analysis
24 December 2014
Despite lack of procedural clarity about the conduct of oral hearings, India scores over EC, South Africa and Pakistan by requiring a compulsory hearing.
Intellectual Property Rights
Rules for determining deceptive similarity in composite marks
22 December 2014
A Division Bench of the Delhi High Court recently dwelt upon the rules for determining deceptive similarity and consequent trade mark infringement when the conflicting trade marks under consideration are composite marks i.e. marks comprising of more than one element.
Securities Laws
Insider Trading Regulations, 2014 – An Overview
17 December 2014
The malfeasance of insider trading has attracted the attention of regulators from jurisdictions across the world, especially in the light of discovery of massive frauds, both in the Indian and international capital markets. The lacunae in the Securities and Exchange Board of India
Will compliance costs actually go down with introduction of GST?
12 December 2014
A Goods and Services Tax (GST) is on the anvil. From the kind of discussions I see around in the media and Government circles, the only issues which are holding back its rollout is the lack of consensus on the compensation mechanism for the expected loss of some States on account of its implementation, inclusion or exclusion of specific products from scope of GST and the threshold limit.
Offshore sale transactions – A lacuna in the Indian Sales Tax regime
05 December 2014
The purpose of this article is to analyze the applicability of the Central Sales Tax Act, 1956 (‘CST Act’) and State VAT Acts to sales transactions that involve sale of goods to offshore locations.
Intellectual Property Rights
' Willful or deliberate suppression’ standard under Section 8 of the Patents Act
05 December 2014
The Division Bench of the Delhi High Court vide its recent order dated 7th November, 2014 in Maj.
Corporate Advisory
Responsibilities of independent director - A magic bullet or unnecessary appendage?
05 December 2014
By Devaditya Chakravarti and Varun Chablani The recently enacted Companies Act, 2013 (“Act”), has not only ushered in a new legislative framework but has also put in a place a new paradigm of corporate governance with detailed provisions as to appointment of independent directors. In the past fe
Regulatory Laws
An overview of Real Estate Investment Trusts in India
05 December 2014
Real estate is the second largest employer after agriculture and is slated to grow at 30% over the next decade. The Indian real estate market size is expected to touch $180 billion by 2020[see end note 1].