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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

Trademark – Non-receipt of consideration for assignment not relevant when same registered

May 20 2016

The Delhi High Court has held that even in case of non-receipt of consideration for assignment of the trademark by the assignor, unless the entry made in the Trademark Register is removed by the appropriate authority, the assignor has no right to infringe the same very mark which is assigned by him.

Exemption for supply to R&D establishment

May 19 2016

CESTAT Mumbai has allowed benefit of Notification No. 10/97-C.E. to air-conditioning and refrigeration equipment supplied to Research & Development Organisations namely, Vehicle Research & Development Establishment, and the Electronic & Radar Development Establishment, when the AC system were specially designed and modified, by the said customers, for use in specialized mobile operation theatres for use by the Indian Army in the field.

Lease equalisation levy is not consideration and not liable to Service tax

May 19 2016

To qualify as ‘gross amount charged’ there must be a payment and it must be in the nature of a consideration for a service.

Arbitration of copyright issues, permissible

May 19 2016

Bombay High Court has held that copyright issues that arise out of an agreement between parties are subject to arbitration, provided the arbitration clause in the agreement encompasses the same.

India-Mauritius Double Taxation Avoidance Convention re-cast

May 17 2016

As per Procotol signed on 10-5-2016, India and Mauritius have agreed to certain amendments in the ‘Agreement for avoidance of double taxation and prevention of fiscal evasion with Mauritius’ (DTAC) between the two countries.

DRI officers not empowered to issue notices for imports before 8-4-2011

May 04 2016

The Delhi High Court has held that officers of Commissionerates of Customs (Preventive), Directorate General of Revenue Intelligence (‘DRI’), Directorate General of Central Excise Intelligence (DGCEI) and similarly placed officers, do not have jurisdiction to issue show cause notices under Section 28 of the Customs Act, 1962, in respect of imports made prior to 8-4-2011.

Trademarks - Ex-parte ad-interim injunction possible only in case of distinctive mark

April 27 2016

Division Bench of the Delhi High Court has vacated the ex-parte ad-interim injunction granted by the Single Judge Bench against a major mobile and personal computer manufacturer, for use of words ‘Split View’.

Copyrights – Interim injunction cannot be granted on cursory material

April 27 2016

Bombay High Court has refused to grant ad-interim relief in a case of alleged copying of Plaintiff’s registered literary work (script of a movie) without his permission, license or assignment.

Copyright in sketches for dresses, not registered as design – ‘capable of being registered’ clarified

April 27 2016

Delhi High Court has declined to grant injunction against infringement of copyright in drawings and sketches for dresses when the dresses were created more than 50 times using said design which was not registered under Designs Act.

No patent to numbering device – IPO invokes Section 3(b)

April 27 2016

Indian Patent Office at New Delhi has refused to grant patent in an application titled ‘Method and device for controlling the position of the numbering wheels of a numbering device’.

Nomination of director - Acceptance of deposits by Indian companies

April 26 2016

The Reserve Bank of India has clarified that keeping deposits with an Indian company by persons resident outside India in accordance with Section 160 of the Companies Act, 2013 is a current account (payment) transaction and, as such, does not require any approval from Reserve Bank.

Penalty for violation of SEBI provisions – Absence of definitive stand of SEBI

April 26 2016

Observing that Securities and Exchange Board of India (SEBI) was not in a position to take a definite stand on the question as to whether violation of Section 12A(b)&(c) of the SEBI Act and violation of Regulation 3(c)&(d) of SEBI (Prevention of Fraudulent and Unfair Trade Practices Relating to Securities Market) Regulations, 2003 constitute one offence or two offences, the Securities Appellate Tribunal has set aside the Order of the SEBI.

CCI to observe principles of natural justice while disagreeing with DG report

April 26 2016

Observing that Competition Commission of India (CCI) had, at no stage of the proceedings, after the receipt of investigation report, given any notice to the appellants indicating/incorporating the reasons for its disagreement with the findings/conclusions recorded by the Jt.

Stamp duty on inter-state amalgamations – Court Order represents ‘instrument’

April 26 2016

The full bench of the Bombay High Court has held that two orders of two different High Courts pertaining to the same scheme of amalgamation are independently different instruments, since the said orders of the High Courts are upon two different petitions by two different companies.

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