News
Interest on delayed payment of GST– Proviso to S.50 of CGST Act is applicable retrospectively
05 November 2020
The Madras High Court has held that the Proviso to Section 50 of the Central Goods and Services Tax Act, 2017 (‘CGST’) Act is retrospective in operation notwithstanding the notification bringing it into effect from 1 September 2020. Interest for delayed payment is thus leviable, with effect from 1 July 2017, only on that portion of the output GST liability which is discharged belatedly by way of cash.
Stay of arbitral awards and accreditation of arbitrators – Ordinance promulgated to amend Arbitration and Conciliation Act
05 November 2020
The President of India has on 4 November 2020 promulgated Arbitration and Conciliation (Amendment) Ordinance, 2020 to amend the Arbitration and Conciliation Act, 1996 (‘Act’). The Ordinance while amends Sections 36 (Enforcement) and 43J (Norms for accreditation) of the 1996 Act, it also omits the Eighth Schedule to the said Act. The amendments are discussed below.
Disney’s successful injunction against rogue websites
04 November 2020
The Delhi High Court recently granted an ex-parte ad interim injunction against many rogue websites who were enabling the down-streaming of the plaintiffs’ copyrighted creative work including films and other entertainment programmes without the requisite licences. Similarly, the court also directed the concerned Internet Service Providers (ISPs) to block access to such rogue websites and mirror/redirect/alphanumeric websites of such rogue websites.
Patents – Order must be passed by same officer who heard the matter
03 November 2020
Setting aside the Order passed by another Deputy Controller of Patents, Designs and Trademarks who never heard the matter, the Intellectual Property Appellate Board (‘IPAB’) has held that the Order should be passed by the same officer who had initially heard the matter.
Trademarks – Distinctiveness of inventive and arbitrary marks
29 October 2020
The Intellectual Property Appellate Board (‘IPAB’) recently allowed registration of a mark observing that the Registrar had failed to take into account the arbitrary nature of the subject mark, failed to account for the extensive and continuous use of the subject mark and of its reputation and goodwill, etc.
ALIBABA.COM to be registered as a trademark
28 October 2020
Observing that the trademark, ‘ALIBABA.COM’ had already acquired distinctiveness as on its filing date, the Intellectual Property Appellate Board (‘IPAB’) has held that the mark was thus entitled to statutory protection under the Trademarks Act, 1999 (‘the Act’). The IPAB thus ordered that the application for the mark, ‘ALIBABA.COM,’ be accepted. It directed the Registrar to proceed further for advertisement in the Trademark Journal.
Manufacture and other operations in warehouse – Job work clarified
28 October 2020
The Central Board of Indirect Taxes and Customs (‘CBIC’) has clarified on various issues relating to job work for the unit working under the scheme of Manufacturing and Other Operations in Warehouse (‘MOOW Scheme’) under Section 65 of the Customs Act, 1962. The latest CBIC Circular No. 48/2020-Cus., dated October 27, 2020 also clarifies various issues in case where the job work activity is done by a unit working under the MOOW Scheme, for other units.
Patents – Procedural fairness is integral to judicial process
27 October 2020
In a recent order passed by the Intellectual Property Appellate Board (‘IPAB’), the IPAB recapitulated the significance of the principles of procedural fairness and natural justice in judicial, quasi-judicial, and administrative decisions. Rhe IPAB concluded that (i) the value of procedural fairness – as a statutory instrument and for social good – cannot be undermined; (ii) judicial and quasi-judicial authorities are subject to the principles of procedural fairness…
Trademarks – Registration of composite marks with unique combination of common words
26 October 2020
The IPAB recently concluded that the Appellant’s marks, ‘GLOW & LOVELY’ and ‘GLOW & HANDSOME’ were inherently distinctive in nature. The IPAB emphasized that the marks were a unique combination of two common English words which when merged together resulted in composite marks yielding different and distinctive commercial impressions, as the words combined had distinct meanings by itself and one did not serve as an adjective to the other and were thus completely unconnected to each other.
‘Nokia’ to be a registered as a well-known trademark in India
22 October 2020
Setting aside the Registrar’s Order, the IPAB has recently allowed permitting the mark, ‘NOKIA’, to be declared as a well-known mark in India. The Appellate Board was of the view that the Order rejecting the application was passed without application of the mind and was against the law. The primary observation by the IPAB was that the Respondent-Registrar ought to have taken due care and consideration to the evidence submitted by the Appellant which could have prevented an appeal to the IPAB.