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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

20th GST Council Meeting - Certain Highlights

August 08 2017

The GST Council under the chairmanship of the Union Finance Minister, held its 20th meeting on 5-8-2017 at New Delhi.

High Sea sales not liable to IGST

August 02 2017

Central Board of Excise and Customs has clarified that high-sea sales are not liable to IGST under the Integrated Goods and Services Tax Act, 2017.

Doctrine of equivalents & prosecution history - UK Supreme Court clarifies

July 24 2017

The Supreme Court of the United Kingdom has recently passed its judgment in the case of the Actavis Vs. Eli Lilly and Company , on 12th July, 2017.

Examination of national phase patent application filed after specified period

July 24 2017

In recent judgment of 10th July 2017, the Delhi High Court in the case of the Trytan Medical INC. vs. Union of India, has taken to task, the Patent Office, for its failure to adhere to the orders and direction of a Superior Court/ Tribunal.

Export procedures revised under new GST regime

July 03 2017

With the implementation of Goods and Services Tax (GST) in India from 1st of July, 2017, Indian authorities have revised procedures relating to export of goods and services from India.

GST from 1 July – Rate of tax and exemptions notified

June 30 2017

With new Goods and Services Tax (GST) set for launch today at mid-night (30th of June-1st of July, 2017), the Indian government has notified set of notifications to specify the rate of tax on goods and services. These notifications issued under Central GST Act, Integrated GST Act and Union Territory GST Act, also cover number of exemptions for both goods and services which were approved by the GST Council earlier this month.

Trademarks – Effect of part of mark being generic and common to particular trade

June 21 2017

Observing differences, including differences in trade dress, label and get up of the two trade-names – ‘Pinch of Spice’ and ‘Pinch of Salt’, the Delhi High Court has on 24-05-2017 vacated the interim injunction it earlier granted in favour of the plaintiff.

Trademark infringement – Distinction in services provided, is material

June 21 2017

A Single Judge of the Delhi High Court has on 22-05-2017 vacated the earlier ex-parte interim injunction in a case involving trademark infringement where the mark “PINDROP” was used by the plaintiffs for recording studio business (class 41) and the mark “PINDROP MUSIC” was used by the defendants for an online application to provide music to consumers (class 42).

Exhaustion of patent right when patentee sells patented product

June 21 2017

The US Supreme Court has held that patentee’s decision to sell a product exhausts all of its patent rights in that item, regardless of any restrictions the patentee purports to impose.

17th GST Council Meeting – Certain highlights

June 20 2017

India is all set to embrace the new tax - Goods and Services Tax (GST) from 1st of July, 2017. The GST Council consisting of Finance Ministers of all the Indian States along with the Union Finance Minister, held its 17th meeting on 18-6-2017 to finalise certain Rules and proposals.

RERA - Operative provisions notified

June 08 2017

RERA is a legislation that has been formulated with a view to (i) protect the interest of the allottees by promoting transparency, accountability and efficiency in the construction and execution of real estate projects by promoters and (ii) establishing uniformity, standardization of business practices and transactions in the real estate sector.

Corporate Insolvency Resolution Process – NCLT clarifies scope of ‘operational debt’

June 08 2017

The National Company Law Tribunal (NCLT) has passed an order on dated 31-3-2017 interpreting the definitions of ‘operational creditor’ and ‘operational debt’ under the Insolvency and Bankruptcy Code, 2016 (Code).

Pendency of winding up petition when not bars initiation of corporate insolvency process

June 08 2017

If a notice for winding-up is served to the corporate debtor/respondent company or if the application for winding-up is pending before the High Court and no order has been passed as on date: an application under Insolvency Bankruptcy Code, 2016 (IBC) can be filed with the National Company Law Tribunal (NCLT) without any leave from the High Court.

Corporate insolvency proceedings can be initiated for dishonour of post-dated cheques

June 08 2017

Issuance of post-dated cheques to any person will amount to acknowledgement of legally enforceable liability;

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