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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

New Service Tax rate of 14% applicable from 1st June, 2015

May 22 2015

Service Tax levied in India on all services, except a few as listed in the negative list of services, will be applicable at the rate of 14%, instead of 12%, with effect from 1st of June, 2015.

Finance Act, 2015 comes into force

May 18 2015

Finance Bill, 2015 has received President’s Assent and Finance Act, 2015 (20 of 2015) is in force from 14 May, 2015.

Copyrights – Producing jewellery articles using designs – ‘Article’ different from ‘artistic work’

April 28 2015

Deliberating on the distinction between the ‘artistic work’ and the ‘article’ produced on the basis of the same, Bombay High Court on 1-4-2015 has granted interim injunction in the case of Pranda Jewellery Pvt. Ltd. v. Aarya 24 kt, where the branded jewellery articles were produced allegedly using designs of the petitioner.

Trademarks – Comparative advertising when not disparaging

April 28 2015

In the dispute wherein the petitioner had impugned the defendant’s advertising campaign  comparing their product with that of the petitioner, the Delhi High Court has held that a comparison, which is unfavourable to a competitor, does not necessarily mean that it is dishonest or unduly detrimental.

SSI – List of items reserved for exclusive manufacture by small enterprises, omitted

April 22 2015

Department of Industrial Policy and Promotion under the Ministry of Commerce and Industry has omitted 20 of the last remaining serial numbers in the list of items reserved for exclusive manufacture by micro and small enterprise sector.

International Financial Services Centre – RBI, SEBI & IRDA issue guidelines

April 22 2015

In a major move to bring more meaning to SEZs in India, the Reserve Bank of India has notified Foreign Exchange Management (International Financial Services Centre) Regulations 2015, according to which a financial institution or a branch thereof set up in the International Financial Services Centre (IFSC) and permitted or recognised as such by the government or a regulatory authority shall be treated as person resident outside India.

New service tax rate not yet in force – CBEC clarifies

April 16 2015

CBEC has clarified by Circular No. 183/02/2015-S.T., dated 10-4-2015 that the new rate of service tax i.e. 14% shall come into effect from a date to be notified by the Central Government after the enactment of the Finance Bill, 2015.

Transfer of right to use trademark – Liability under Maharashtra Sales Tax

April 16 2015

Bombay High Court has held that the amount received by the assessee on transfer of right to use the trademark would be liable to be taxed under “Maharashtra Sales Tax on the Transfer of the Right to use any Goods for any Purposes Act, 1985”.

India announces new Foreign Trade Policy

April 02 2015

With the aim of doubling India’s export of merchandise and services by the year 2020, the Indian Commerce and Industry Ministry has today (1-4-2015) announced the new Foreign Trade Policy 2015-2020 (FTP).

Anti-dumping – DA to supply relied upon information & follow timelines

March 27 2015

Delhi High Court has quashed the final findings of the Designated Authority (DA) recommending imposition of definitive anti-dumping duty on USB Pen drives imported from China, Taiwan and Korea RP.

Achieving a fanciful distinction

March 23 2015

23 March,2015 Every seller, perhaps, fancies being distinctive and successful and the applicant in re Frankish Enterprises Ltd (decided in 27-2-2015) certainly got the combination right. The TTAB reversed the refusal to register a mark consisting of a truck cab body in the design of a fanciful,

IPAB Members – Madras High Court rules on constitutionality of qualification criteria

March 23 2015

In January, 2011 the Madras High Court admitted a PIL (Shamnad Basheer v. Union of India - W.P. 1256 of 2011) challenging.

Digital reproduction can be subject to private copying levy irrespective of actual use

March 23 2015

Answering a reference from the Danish court the CJEU held that Information Society directive does not preclude national legislation, which provides that fair compensation to be paid to right holders, from levying the same in respect of multifunctional media such as mobile telephone memory cards, irrespective of whether the main function of such media is to make such copies and it is sufficient that the device enables the operator to make copies.

Copyright and the human right to protection of authorship

March 23 2015

The UN Special Rapporteur in the field of cultural rights has submitted a report on ‘Copyright policy and the right to science and culture’.

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