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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

Trademark/dress infringement – Punitive damages for violating interim order

May 02 2018

Delhi High Court has held that selling of chocolates under name of Golden Passion amounts to passing off, unfair competition, etc. An order of permanent injunction was passed upholding defendant’s chocolates as deceptively similar to plaintiff’s registered trade mark or trade dress FERRERO ROCHER.

Copyright – Lack of originality in work is touchstone in Rectification Petition

May 02 2018

The Delhi High Court has allowed the rectification application holding that artistic work in label NIHAL UTTAM is not an original work under Section 13 of the Copyright Act. It held that Respondent’s artistic work in the said label was substantial reproduction and colourable imitation of Appellant’s NIHAR COCONUT OIL.

Copyright – ‘Protected system’ under I.T. Act, and ‘Government work’

May 02 2018

The Honble Supreme Court has held that power of declaration of ‘protected system’ under Section 70 of the Information Technology Act, 2000 has to be read along with the provisions contained in Sections 2(k) and 17(d) of the Copyright Act, 1957 defining government work and vesting copyright in such

Trademark – No confusion between words ‘Blacksmith’ and ‘Goldsmith’

May 02 2018

Finding no case of infringement and passing off of mark ‘Blacksmith’ by mark ‘Goldsmith’, Delhi High Court has dismissed the suit for permanent injunction. It noted that dictionary meanings of words were different and they were unlikely to be remembered by breaking into two parts, i.e. Black

Insolvency – ‘Moratorium’ applicable to property of ‘Personal Guarantor’

April 05 2018

National Company Law Appellate Tribunal has held that ‘Moratorium’ under Section 14 of the Insolvency and Bankruptcy Code will not only be applicable to the property of the ‘Corporate Debtor’ but also on its ‘Personal Guarantor’.

Fugitive Economic Offenders Bill approved by Cabinet

April 04 2018

Union Cabinet has approve the Fugitive Economic Offenders Bill, 2017 providing for measures to deter economic offenders from evading the process of Indian law by remaining outside the jurisdiction of Indian courts and empowers the Government to confiscate the properties of such offenders in India.

Arbitration and Conciliation (Amendment) Bill, 2018

April 03 2018

The Union Cabinet has recently approved the Arbitration and Conciliation (Amendment) Bill 2018 for introduction before the Indian Parliament.

Patents - Counter claim in infringement suit better than revocation in IPAB

March 26 2018

In a case involving revocation application before IPAB and infringement suit before the High Court, Delhi High Court has held that effect of taking defence under Section 107(1) of the Patents Act or of making a Counter claim under Section 64 would be same.

Patent infringement – Prior study having contrary findings is not ‘prior art’

March 26 2018

The Delhi High Court has held that the combination containing both Metsulfuron Methyl and Sulfosulfuron as prepared by the plaintiff was novel and not obvious. The uniqueness of plaintiff’s composition comprising of such compounds was that it was effective against both grassy and broad leaf weeds.

Trademark infringement – Identical manner of use important, while difference in packing not

March 26 2018

In a case involving alleged infringement of trademark, Delhi High Court has held that difference if any in the cartons in which the goods may be sold or packed will not affect deception otherwise likely between the two marks.

Refund to exporters clarified

March 16 2018

Central Board of Excise and Customs has on 15th of March 2018 clarified that refund of eligible credit on account of SGST will be available even if the supplier of goods or services or both has availed of drawback in respect of CGST.

Refund to exporters - Number of issues clarified

March 16 2018

Central Board of Excise and Customs has on 15th of March 2018 clarified that refund of eligible credit on account of SGST will be available even if the supplier of goods or services or both has availed of drawback in respect of CGST.

26th Meeting of GST Council held on 10th of March, 2018 – Highlights

March 12 2018

GST Council met on 10th of March 2018 and took decisions on various issues. According to the Press Releases issued highlighting the recommendations of the Council, E-way bill provisions for inter-State movement of goods are to be implemented across the country from 1st April 2018

GST E-way Bill provisions to be revised from appointed date

March 08 2018

Ministry of Finance has issued notification on 7th of March, 2018 to amend provisions relating to E-way Bill, in the Central Goods and Services Tax Rules, 2017 (CGST Rules).

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