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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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Intellectual Property Rights

Brazilian patent law – Proposed reforms inspired by Indian law

November 25 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

November 25 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

November 25 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

November 15 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

November 15 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

October 30 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

October 21 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

October 21 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

October 16 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

October 16 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

October 16 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

October 08 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.

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