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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

The Trade Facilitation Agreement - Understanding the nuances

02 January 2014

In The Trade Facilitation Agreement (TFA) was signed at Bali eliciting congratulations and relief, apparently lending credibility to the World Trade Organisation (WTO).

Intellectual Property Rights

Scope of ENV under PVP Act vis–a-vis the Seeds Act

23 December 2013

The Registrar, Plant Varieties Authority at New Delhi, vide its recent order of October 28, 2013 has held that parental lines of extant varieties [Extant (Notified) Variety - ENV]

International Trade & WTO

Quantitative Restrictions – An Overview

13 December 2013

Article XI of GATT contains one of the cornerstones of the disciplines regarding multilateral trade regime established under the WTO i.e.

Service tax on Education Service

13 December 2013

As rightly quoted by Ralph Waldo Emerson – “For every benefit you receive a tax is levied”. Taxes are now being levied on many transactions.

Intellectual Property Rights

Brazilian patent law – Proposed reforms inspired by Indian law

25 November 2013

Brazil was the fourth country in the world to enact a patent law (in 1809) and it was also a founding member of the Paris Convention in 1882.

Corporate Advisory, Mergers & Acquisitions / PE

Changing contours of mergers and acquisitions under Companies Act, 2013

25 November 2013

The task of enacting a new law to regulate companies in India is complete. The Companies Act, 2013, (“New Act”) in its new avatar, mirrors several changes when compared to the law contemplated under the Companies Act, 1956 (“Old Act”).

Corporate Advisory

Flying solo with one person companies

25 November 2013

Adam Smith in the ‘Wealth of Nations’ (1776) declared “Individuals always weigh their own interest more than the group”. He made this statement at a time when tradesmen in Europe were organizing themselves into groups to enhance their scale of business and leverage  potential markets available for their goods in exotic, far away colonies.

Obligation to tolerate an act – A declared service

15 November 2013

By Iype Mathew                     One of the special features of the negative list based service tax regime, introduced with effect from 1st July, 2012, is the introduction of the concept of declared services (Section 66E of the Finance Act, 1994).  Declared services, which are actually descri

International Trade & WTO

National Treatment principle - Analysis of GATT Article III

15 November 2013

Among the pillars of the modern trading system that developed due to the genesis of GATT/WTO, principle of National Treatment is arguably one of the most significant.

International Trade & WTO

Safeguard measures - Extension post-expiry, not correct

30 October 2013

The framework for duration and review of safeguard measures is provided under Article 7 of the Agreement on Safeguards (AoSG).

Intellectual Property Rights

Hot news doctrine - Inapplicable in India

21 October 2013

Deciding an appeal [ see end note 1 ], the Division Bench of the Delhi High Court has set aside the Single Judge's decision [ see end note 2 ]

Intellectual Property Rights

Research exemptions not deemed as patent infringement

21 October 2013

According to the Indian Patents Act, 1970 (‘the Act’), a product patent gives an exclusive right to the patentee to prevent third parties, who do not have his consent, from making, using, offering for sale, selling, or importing the patented product into India till the product patent is valid.

VAT on developers - Certain issues

16 October 2013

The Supreme Court in the case of Larsen & Toubro Limited & Anr v. State of Karnataka & Anr.

Corporate Advisory

Class actions under the Companies Act, 2013

16 October 2013

A class action allows a number of claimants with a common grievance against a company to file a lawsuit against it.  Claimants can pool their resources, share attorneys’ services and save the time and costs of litigation. The scale of economies associated with class actions seem especially critical to those individuals who have limited resources or small claims that render individual lawsuits expensive and unfeasible.

Corporate Advisory

Investigation & whistle-blowing provisions under Companies Act, 2013 – An overview

16 October 2013

The Companies Act, 2013 (“new Act”) contains stringent provisions to contain corporate frauds. A new “investigation” procedure has been provided under Sections 210 to 229, as against Sections 235 to 251 of the Companies Act, 1956, (“old Act”).

International Trade & WTO

Labour standards and international trade – Some issues

08 October 2013

In July 2013 United States of America withdrew trade benefits available to Bangladesh, one of the least developed countries, under the Generalised System of Preferences (GSP) quoting lack of worker security and workers’ rights in Bangladesh.

Corporate Advisory

Companies Act 2013 – New Dimensions

24 September 2013

The Companies Bill 2012, tabled in the Indian Parliament in 2011 was passed by the Lok Sabha on December 18, 2012 and thereafter by the Rajya Sabha on August 8, 2013. The Bill received the assent of the President on August 29, 2013 and was notified in the Official Gazette on August 30, 2013.

Intellectual Property Rights

Working of patents in India

17 September 2013

Primarily, in order to understand the reasoning behind why a patentee or a licensee thereof is required to furnish information regarding the working of patents in India, it may be pertinent to study the Statutory provisions envisioned under Section 83 of the Patents Act, 1970 hereafter referred to as the Act.    

Corporate Advisory

Doctrine of attribution in corporate criminal liability

17 September 2013

The question of making a company liable for for criminal offences committed by its directors, managers, officers and other employees  while conducting business  has gained  importance in criminal law  jurisprudence  while  being  subject to debate

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