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News & Briefings

The latest updates on relevant areas of law, curated by our team to be the most useful to clients as well as fellow legal practitioners.

News

Limitation period for filing appeals from Orders of NCLT

March 06 2018

An appeal to NCLAT was preferred by the Appellant from an Order of the NCLT. However, such appeal was filed with a delay of 9 days after expiry of the period of limitation and the grace period provided under Section 421(3) of the Act. Accordingly, the appeal was dismissed by the NCLAT. Assailing this order of the NCLAT, the Appellant preferred an appeal before the Supreme Court. 

Indian Budget 2018 – Changes proposed in Customs law

February 15 2018

In the Budget 2018 present before the Indian Parliament today (1-2-2018), the Finance Minister has proposed many changes both in the provisions of Customs Act, 1962 and Customs Tariff Act, 1985.

No registration when design a trade variation and available in public domain

February 14 2018

Rejecting plaintiff’s claim of piracy of design, Delhi High Court has on 8-2-2018 cancelled a registered design. The Court in this regard noted that the design in respect of the footwear was available in public domain before, and is only a trade variation of a sandal.

Commercial Transaction must for Court’s jurisdiction in passing off

February 13 2018

For the purpose of invoking jurisdiction of a court in a passing off action, the plaintiff is required to plead and establish that there has been a Commercial Transaction within the jurisdiction of that Court which amounts to passing-off.

Patent infringement - Technical expert allowed during cross-examination

February 12 2018

Delhi High Court has allowed defendant’s interim application regarding presence of his technical expert during cross-examination of plaintiff’s witness, an expert himself. The plaintiff had relied upon Chapter XIII Rule 4 of the Delhi High Court (Original Side) Rules, 1967 according to which witnesses were not to be present in the Court during hearing of the suit.

Budget 2018 - Key Changes for Corporate Sector in India

February 05 2018

The Finance Minister of India, made the budget speech for the Financial Year 2018-2019 and presented the Finance Bill, 2018 on February 1, 2018.

Review of FDI Policy on various sectors

February 03 2018

Union Cabinet recently approved changes in the Foreign Direct Investment Policy (“FDI Policy”) allowing further liberalisation with a view to promote and provide ease of doing business in the country. On January 23, 2018, the Department of Industrial Policy & Promotion notified the amendments by way of Press Note No. 1 (2018 Series). These amendments will come into effect from the date of the FEMA notification in this regard.

25th meeting of GST Council – Certain highlights

January 22 2018

GST Council met for the 25th time on 18-1-2018 in New Delhi. Number of decisions, including reduction in GST rates for around 29 goods and 53 services were taken while also recommending reduction of late fees payable on delayed filing of certain returns. Some procedural relaxations in respect of cancellation of registration have also been proposed.

Protection of generic word bestowed with greater degree of burden of proof

January 08 2018

The Delhi High Court in a case of trademark infringement and passing off has rejected the contention for protection of a generic word ‘AYUR’ as trademark. The plaintiff had contended that the word ‘Ayur’ is invented by them and it has no meaning whatsoever. They also pleaded that because of its extensive use it has acquired distinctness and is identifiable only with their goods.

Government need not consult DTAB to prohibit manufacture of drug/cosmetic

January 06 2018

Supreme Court of India has held that it is not mandatory for the Central Government to hold prior consultations with the Drugs Technical Advisory Board, for exercise of power under Section 26A of the Drugs and Cosmetics Act, 1940.

No infringement on selling of replacement parts of complex product: CJEU

January 04 2018

The Court of Justice of the European Union (CJEU) has rejected the contention of various car manufacturers that Article 110(1) of the EU Regulation No. 6/2002 would not cover alloy car wheel rims.

IRDAI (Investment by PE Funds in Indian Insurance Companies) Guidelines

January 03 2018

IRDAI has issued certain guidelines with respect to investment in insurance companies either as an investor or as a promoter. These Guidelines provide clarity as they set out a regulatory framework that will now apply, and which will enable increased flow of Foreign Direct Investment into the country and will also unleash a new era for formation of new-age insurance companies that will lead to deeper penetration and growth of the insurance industry.

Highlights of 11th Ministerial Conference held in Buenos Aires

January 02 2018

The 11th Ministerial Conference (“MC’11”) was flagged off on 10 December, 2017 at Buenos Aires, Argentina. MC’11 has been held at a time when the Trade Facilitation Agreement has entered into force mandating (for the first time ever) a revision of the WTO Rule Book, the WTO Members have eliminated agricultural export subsidies, adopted measures to support LDCs (especially with respect to cotton trade) and expanded the Information Technology Agreement to eliminate substantial tariffs on trade.

Trademark – Prefix ‘’Bookmy’’ descriptive in nature for online booking services

December 27 2017

The plaintiff, registered proprietor of word mark and logos BOOKMYSHOW, was seeking permanent injunction against defendant from using in any manner mark BOOKMYSPORTS, of using prefix BOOKMY.

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