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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

Export of patented product for conducting studies, permitted

December 22 2014

Bombay High Court has held that sale even outside India would fall within the sweep of Section 107A of the Patents Act, 1970 providing for no infringement in certain cases, if it is reasonably related to development and submission of information as required under a law in force in India or outside India.

Similar marks on Pharma products – Confusion less likely

December 22 2014

A question arose as to whether the mark MOMARID to be registered for pharmaceutical and veterinary preparations is likely to cause confusion with an existing mark LONARID for pharmaceutical and sanitary preparations.

USPTO issues interim guidance on patentable subject matter

December 22 2014

The United States Patent and Trademark Office (USPTO) issued the 2014 Interim Guidance on Patent Subject Matter Eligibility on 16-12-2014 and it will be open for comments from the public till March 16, 2015.

Royalty payments for use of patents post-expiry

December 22 2014

The Supreme Court of United States on 12-12-2014,  granted Certiorari and will decide on the question of whether it should overrule Brulotte v. Thys Co., 379 U.S. 29 (1964), which held that a license agreement requiring royalty payments for use of a patented invention after the expiration of the patent term is unlawful per se.

Dross & skimmings not liable to excise duty – Bombay HC

December 17 2014

Bombay High Court has quashed CESTAT Larger Bench Order which had held that aluminium dross and skimmings are excisable goods in view of the Explanation to Section 2(d) of the Central Excise Act, 1944 which was inserted with effect from 10-5-2008.

FDI in defence sector

December 17 2014

The Department of Industrial Policy and Promotion (DIPP) has provided a list of defence items as finalised by Department of Defence Production, Ministry of Defence and has clarified that items not in the list, and dual use items i.e. items  having military as well as civilian applications, would not require industrial license for defence purposes.

BIFR does not automatically lose jurisdiction once company gets revived

December 17 2014

The Supreme Court of India has held that after a reference is registered by the Board for Industrial and Financial Reconstruction (BIFR), all throughout the subsequent stages, BIFR has complete supervisory control over the affairs of such company till it is revived or the decision to wind up such company is taken.

Land Developer Scheme linking returns to land value appreciation is a ‘Collective Investment Scheme'

December 17 2014

SEBI has held that fund mobilizing activity of a company under the garb of real estate business for sale/purchase, development and maintenance of agricultural land is covered within the parameters of ‘collective investment scheme’ as defined in Section 11AA of the SEBI Act, 1992.

WTO upholds major claims of India in steel dispute appeal

December 11 2014

India achieved a significant victory at the WTO on December 8, 2014,  as the Appellate Body has held that the Countervailing Duty (CVD) measures imposed by the United States against certain Hot Rolled Carbon Steel Flat Products are inconsistent with the provisions of the Agreement on Subsidies and Countervailing Measures (ASCM) of the WTO.

FDI Policy relaxed for construction sector

November 06 2014

The Indian Government has approved amendments to Foreign Direct Investment Policy (FDI) relating to Construction Development Sector.

WTO releases World Trade Report

November 06 2014

The recently released World Trade Report traces the growth of world trade through the world war eras and varying perceptions to protectionism and identifies four main trends which are of current importance -the rise of new economic powers, the spread of global value chains, the growing importance of commodities trade, and the deepening integration and volatility of the world economy.

Patent application when not deemed as abandoned

October 20 2014

Delhi High Court has held that where the applicant of the patent application had responded to the first as well as the second examination report, the application cannot be stated to be abandoned.

Trademark – Delay in action against alleged passing off is fatal

October 20 2014

A proprietor of the trade mark who knowingly watches his competitor grow in the market and takes no action can claim no exclusivity in his own trade mark.

Amendment to trademark application is quasi-judicial function

October 20 2014

Examining whether the function of the Registrar of Trademarks while deciding on amendments to application for trademark is purely administrative or quasi-judicial, the High Court of Delhi held that powers vested in the Registrar by Section 22 of the Trade Marks Act, 1999 were quasi-judicial.

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