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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

Order denying provisional release of seized goods appealable before Tribunal

January 29 2016

Section 110 of the Customs Act empowers a proper officer to seize goods while Section 110A allows an adjudicating authority to provisionally release seized goods pending the order of the adjudicating authority.

Customs duty on electrical energy produced in SEZ and supplied in DTA

January 29 2016

The Supreme Court has dismissed the petition filed by the Revenue Department against the judgement of Gujarat High Court in the case Adani Power Limited v. UOI.

United State District Court of South New York – Rules on parody

January 28 2016

Observing that sometimes it is better to ‘accept the implied compliment in parody’ and to smile or laugh rather than sue, the United State District Court of South New York held in favour of the alleged ‘diluter’ of the c.

Trademarks – Composite marks to be compared as a whole

January 28 2016

Considering the principles laid down by the Apex Court in the case of Cadila Healthcare v. Cadila Pharmaceuticals, the Delhi High Court has held that alleged use of the mark BECTODINE by the defendants subsequent to the documented use of the trademark BETADINE by the petitioner, by about 34 years, was fraught with malafide and dishonesty.

WTO members secure Nairobi Package

January 11 2016

WTO members recently concluded their 10th Ministerial Conference in Nairobi by securing historic agreements on a series of trade initiatives.

Circumvention of anti-dumping duty – Time period for change in pattern of trade

January 11 2016

The Court of Justice of the European Union has held the Council Implementing Regulation (EU) No. 260/2013 invalid.

India revises its model BIT text

January 11 2016

India finalised the model Bilateral Investment Treaty (BIT) agreement last month. The first version was seen as pro-State with clauses like those relating to investor responsibilities, provision for the host State to make counter claim, absence of Most Favoured Nation clause and so on.

No interest if differential duty paid before finalization of provisional assessment

January 01 2016

The Supreme Court of India has dismissed the Special Leave Petition filed by the Revenue department against the order of the Bombay High Court in a case involving liability to pay interest when the duty was paid before finalization of provisional assessment.

PDI and free after sales services charges when not includible in transaction value of vehicles

January 01 2016

Pre-delivery inspection charges (PDI) and free after sales service charges, which are not charged by the manufacturers of vehicles from the dealers, are not to be included in the transaction value of the vehicles, on which the manufacturer has to pay Central Excise duty.

Patent for process of testing – Use in ‘manufacture’

December 28 2015

The Court of Appeals of the Federal Circuit, in respect of a process patent for testing a drug, has held that infringement only occurs under 35 U.S.C. § 271(g), as a result of “making” a product, and does not extend to testing to determine whether an already synthesized drug substance possesses existing qualities.

Interest Equalisation Scheme on pre and post shipment export credit

December 28 2015

Reserve Bank of India has allowed exporters to avail the Interest Equalisation on Pre and Post Shipment Rupee Export Credit. The scheme is effective from April 1, 2015.

Reporting of fraud by auditors - amendments come into force

December 28 2015

Provisions of Sections 14 and 15 the Companies (Amendment) Act, 2015 (21 of 2015), that amend Sections 143 and 177, respectively, of the Companies Act, have come into force from the 14-12-2015.

US Court rules on whether display of results in web search can infringe

November 12 2015

In yet another interesting tussle between retailers who chose not to opt for a particular e-commerce portal and the inevitable, may be, unintended results of the internet search yielding trademarked goods in the results page, the United States Court For Appeals for the Ninth Circuit (CAFC) put forth its views on initial interest confusion, possibility of confusion, intention to confuse and infringement.

GST in India – Reports on business processes released

November 03 2015

The Joint Committees on Business Processes for Goods & Services Tax (GST), set up by the Ministry of Finance, have given their reports providing a broad outline of the processes to be followed in respect of registration, payments, refunds and in case of filing of returns under the proposed GST regime by the assessees.

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