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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

Form of participation in another enterprise to be satisfied to deem two entities as AEs

January 25 2017

The assessee is engaged in the business of manufacture and sale of polished diamonds. The assessee entered into an international transaction with a Belgian Entity by name Blue Gems BVBA.

Setoff of unabsorbed depreciation – ‘year’ mentioned in s.72A not means previous year

January 25 2017

The assessee (amalgamated Company) amalgamated with a Company by name SKUPL (amalgamating Company) as per the order of the Calcutta High Court in 2004. 

Trademarks – Delhi HC grants interim injunction for use of mark ‘Aqua’ for mobile phones

January 25 2017

A Single Judge  of the High Court of Delhi on 24-12-2016  has granted interim injunction in favour of the plaintiff observing that they had established a strong prima facie case for priority showing prior use and goodwill in the mark ‘Aqua’ in relation to mobile phones.

Trademarks - Permitted user cannot institute an infringement suit

January 25 2017

A Division Bench of the Delhi High Court on 4-1-2017  has set aside the decision of the Single Judge and returned the plaint on the grounds that the Plaintiff No.

Copyright infringement – Liability of an online intermediary

January 25 2017

A Division Bench of the Delhi High Court on 23-12-2016 has reversed a decision of the Single Judge on the issue of liability of an intermediary in copyright infringement.

UK moves on with Intellectual Property (Unjustified Threats) Bill

January 25 2017

The Intellectual Property (Unjustified Threats) Bill introduced in May 2016, passed the stage of Second Reading earlier this month.

Central Excise & Customs Tariffs amended from 1-1-2017

January 17 2017

Both Central Excise Tariff Act, 1985 and Customs Tariff Act, 1975 have been amended with effect from 1-1-2017.

Insolvency and Bankruptcy Regulations notified

January 06 2017

The Insolvency and Bankruptcy Board of India (IBBI) has notified Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016 and Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016.

Companies (Transfer of Pending Proceedings) Rules, 2016 notified

January 06 2017

The National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal were established in June 2016 to adjudicate upon company law matters in India.

Central legislation shall have precedence over State legislation – Supreme Court rulings on SARFAESI Act

January 06 2017

The Supreme Court of India has held that provision of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) shall have precedence over State legislation.

Foreign award cannot be enforced in absence of arbitration agreement

January 06 2017

The present case was filed before the High Court of Delhi with regard to the enforcement of an arbitral award. The case dealt with two companies involved in the sale of palm oil that were at a preliminary stage of negotiations.

Qualitative or Quantitative tests not relevant to determine fair use

December 22 2016

In the decision dated 16-9-2016, a Single Judge Bench of Delhi High Court had held that reproduction of any copyrighted work by the teacher for the purpose of imparting instruction to the pupil as prescribed in the syllabus during the academic year would be fair use within the meaning of Section 52(1)(i) of the Copyright Act and hence would not amount to infringement.

Design infringement – minor variations are not sufficient defence

December 22 2016

Bombay High Court has, in a case of design infringement and passing off, granted an interim injunction order in favour of the plaintiffs. The case pertained to a design registration on copper tubes obtained by the plaintiffs, which the defendants, who were previously associated with the Plaintiffs, were allegedly infringing.

Trademark – No confusion even if marks have equal number of letters, begin and end with same letters

December 22 2016

Bombay High Court on 21-11-2016 has denied interim injunction in favour of the plaintiffs in a trademark infringement and passing off suit in a dispute in respect of the registered trade mark of the Plaintiff “ESBEDA” which was used in respect of designer leather products such as handbags, luggage, purses and wallets.

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