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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 of author in a song and sound recording, prior to 2012 amendment

October 07 2016

The Supreme Court on 20-9-2016 has held that prior to the amendment in 2012, to the Copyright Act, 1957 the author of copyright in a work (song) could not claim royalty for further exploitation of derivative work (sound recording).

Testing whether a transaction is sale or service

September 29 2016

The High Court of Bombay in [Mahyco Monsanto Biotech (India) P Ltd v. UOI, 2016 (44) S.T.R 161 (Bom.)] examined whether the transaction undertaken by the petitioners would be exigible to service tax or to VAT where the petitioners were involved in different transactions though both urged that their transaction was a service and not a sale.

Websites containing pirated/illegal content to be blocked, and not URLs alone

September 14 2016

The Division Bench of the Delhi High Court has allowed the review petition and recalled its order dated March 10, 2016 which restricted the span of the ex-parte ad-interim injunction by directing that the specific URL should be blocked.

Trademarks – No case of passing off in use of word ‘Privee’

September 14 2016

The High Court of Delhi on 8-8-2016 has dismissed the suit for permanent injunction to restrain the defendant from using trademark “PRIVEE” or any other trademark or logo / device which is identical or deceptively similar to the plaintiffs’ trademark “MBD PRIVE” and “PRIVE” or which incorporates the word “PRIVE”.

Restoration of name of company with Registrar of Companies

September 14 2016

The name of the petitioner company was struck off from the register of companies. The petitioner in this regard alleged that due procedure has not been followed by the Registrar inasmuch as no notices/ letters were received by the petitioner and no hearing was afforded to them, as mandated under Section 560 of Companies Act, 1956.

Environmental clearance - Requirement of public consultation, mandatory

September 14 2016

An appeal was brought before the Supreme Court challenging the order passed by the High Court which had set aside the environmental clearance granted to the appellant in the year 2010 (“EC”) for expansion of its steel plant on the ground that the said EC was granted relying on the public consultation carried out earlier in the year 2007; and that no fresh public consultation had been done for the latest expansion of the steel plant of the appellant.

Withdrawal of public offer when not possible

September 14 2016

Consequent to the open offer made by the acquirers, intending to acquire 75% equity share of the target company, the target company informed SEBI of it being registered with BIFR and stating that it was a sick company.

Trademarks in domain name – Bonafide adoption of corporate name as domain name, correct

September 14 2016

In a suit alleging trademark infringement, dishonest adoption and passing off, where the cause of action arose out of use of a domain name, the Bombay High Court on 20-7-2016 has held that every domain name cannot form subject of trade-mark protection.

Companies (Share Capital and Debentures) Rules, 2014 amended

September 13 2016

The Ministry of Corporate Affairs (“MCA”) has, by way of Notification dated 19-7-2016 amended the Companies (Share Capital and Debenture) Rules, 2014 (“Capital and Debenture Rules”).

Stay of Proceedings where validity of registration of trade mark questioned

September 13 2016

In the matter of FAO (OS) No. 717/2010 involving Times Publishing House LTD and Financial Times Ltd & Ors., a Divisional Bench (DB) of the High Court of Delhi, on 29 August 2016, sustained the order of the Single Judge dismissing the application under Section 124 of the Trade Marks Act, 1999 made by Times Publishing House Ltd (Times, hereinafter).

Provisional assessment – India relaxes Customs regime

August 24 2016

Central Board of Excise and Customs (CBEC) under the Indian Ministry of Finance has simplified the procedure for provisional assessment in case of import of goods, as provided in Section 18 of the Customs Act, 1962.  

Special Advance Authorisation Scheme for export of apparels, introduced

August 19 2016

Special Advance Authorisation Scheme for promotion of export of apparel articles and clothing accessories of Chapter 61 or 62 of ITC (HS) has been introduced. Notification No. 21/2015-20, dated 11-8-2016 issued by Directorate General of Foreign Trade (DGFT) in the Indian Ministry of Commerce, inserts Para 4.04A in the Foreign Trade Policy 2015-20, with effect from 1-9-2016.

Revised Excise Returns – Provisions in force from 17-8-2016

August 19 2016

Central Board of Excise and Customs (CBEC) has notified the effective date for operation of provisions regarding filing of specified revised returns under Central Excise Rules, 2002.

Setoff under VAT when sales also made to exempted units

August 19 2016

Allahabad High Court has held that Section 4-BB of the Uttar Pradesh Trade Tax Act, 1948 (UPTT Act), which provides for set-off of tax, did not make any distinction between sales made to exempted units and taxable sales, i.e. set-off is not restricted to only those sales upon which tax was levied or collected.

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