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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

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.

No liability on bank to pay purchase tax for accepting EXIM Scrips

December 15 2016

The Supreme Court of India has held that State Bank of India is not liable to pay purchase tax for accepting Exim Scrips (Export Import License) or Replenishment licenses on payment of premium.

Insolvency and Bankruptcy – Recent changes

December 09 2016

With the notification of the Insolvency and Bankruptcy Code, 2016, on May 28, 2016, matters pertaining to the reorganisation and insolvency resolution of corporate persons, partnership firms and individuals would now be regulated by a specialized regulatory body, i.e. the Insolvency and Bankruptcy Board of India (IBBI).

Foreign investments and enforcement of corporate guarantee

December 09 2016

Earlier last year, on May 5, 2015, the Bombay High Court, in its ruling in IDBI Trusteeship Services Limited (Plaintiff) v. Hubtown Limited (Defendant), dealt with the legalities of a foreign investment structure that involved compulsory convertible debentures (CCDs)

Arbitration proceedings commencing outside India – Applicability of new provisions

December 09 2016

Delhi High Court has held that Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015 (which states that Amendment Act is not to apply to pending arbitral proceedings) not bars applicability of the said Act to proceedings which commenced outside India.

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