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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

Pharma patent – No interim injunction unless opinion on 3 elements and some additional feature

August 26 2019

26th August The Delhi High Court has held that it is not possible to apply an across the board approach to all cases of alleged infringement of patent, particularly pharmaceutical patent, where as a matter of routine at first hearing there would be grant of

Mergers and Acquisitions - MCA clarifies on ‘Appointed date’ for s.232(6)

August 22 2019

22nd August 2019 Ministry of Corporate Affairs has clarified that companies may choose any specific calendar date or a date tied to occurrence of any event like date of grant of license, or fulfillment of preconditions, agreed upon by parties for

Combinations – CCI amends its regulations to provide for green channel approvals

August 19 2019

19th August Competition Commission of India (CCI) has amended its CCI (Procedure in regard to the transaction of business relating to Combinations) Regulations, 2011 to provide for approval of certain specified combinations under Green Channel.

Income Tax - Monetary limits for departmental appeals before ITAT, HC and SC revised

August 09 2019

9th August Ministry of Finance has enhanced the monetary limits for filing income tax appeals by Revenue department before ITAT, High Courts and Supreme Court. According to CBDT Circular No. 17/2019, dated 8-8-2019, Revenue department wo

External Commercial Borrowing (ECB) Policy – RBI eases end-use restrictions

July 31 2019

31st July 2019 In order to further liberalize the External Commercial Borrowings (ECB) framework, the Reserve Bank of India has relaxed the end-use restrictions. Eligible borrowers would be able to raise ECBs with a minimum average maturity pe

IBC - Counterclaim against corporate debtor when need not be stayed

July 29 2019

29th July 2019 In a case involving a claim by plaintiff (corporate debtor) and counterclaim by the defendant for the same transaction, Delhi HC has held that both claims ought to be adjudicated comprehensively by the same forum. O

Trade remedies – Changes proposed in rules for safeguard, ADD and CVD measures

July 29 2019

26th July Directorate General of Trade Remedies in India has sought comments from all stakeholders regarding certain changes proposed in the Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997, Customs Tariff (Identi

Sale of a Direct Selling Entity’s products on e-commerce platforms violates entity’s trademark

July 26 2019

26th July The High Court of Delhi has answered in positive the question as to whether the sale of a Direct Selling Entity’s products on e-commerce platforms violates the entity’s trademark rights or constitutes misrepresentation, passing off and

Trademark - Adoption of prominent word of the label mark is infringement

July 24 2019

24th July The Delhi High Court has held that the adoption of prominent word of the label/device mark amounts to infringement. It observed that Section 17 of the Trademarks Act which confers exclusive right only to the use of the trademark as a whole is not a

Budget 2019 - Key changes for corporate sector in India

July 10 2019

10th July The Hon’ble Finance Minister of India, made the budget speech for the year 2019-2020 and presented the Finance (No. 2) Bill, 2019 on July 05, 2019. Amongst several measures that were announced as part of the Budget Speech and F

Union Budget proposes penalty for obtaining & utilizing FTP instruments by fraud

July 08 2019

8th July Finance (No.2) Bill, 2019, introduced in the Indian Parliament on 5th of July, has proposed to insert new Section 114AB in the Customs Act, 1962 to provide for penalty for obtaining instrument (scrip, authorization, licence, or certificat

Budget 2019 proposes Sabka Vishwas Legacy Dispute Resolution Scheme

July 08 2019

8th July India’s Finance Minister has, in her maiden Budget 2019, on 5th of July, proposed a dispute resolution cum amnesty scheme named the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019. The scheme in being introduced for the r

Customs cannot sale goods in possession after moratorium under IBC

June 26 2019

26th June NCLAT has held that on passing of order of Moratorium by NCLT, it is not open to Customs authorities to issue an e-auction notice of assets belonging to corporate debtor since same cannot be sold during period of moratorium. Tribunal

Competition law - Restrictions on sub-dealers when not anti-competitive

June 24 2019

24th June CCI has held that no case u/s. 3(4)(c) of Competition Act was made out against a mobile phone company for putting restriction on sub-dealers regarding online sale and selling phones outside demarcated region. Commission in Karni

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