News
Patents - Cross examination to be allowed in highly technical cases
27 March 2019
20th March The Delhi High Court has held that where there is a post-grant opposition based on an expert opinion to invalidate a patent under Section 25(2) of the Patents Act, the petitioner (who had acquired the patentee firm) can be allowed to cross-examine
Appeal proceedings against defunct company not infructuous
27 March 2019
27th March The departmental appeal before the jurisdictional High Court was dismissed by terming it ‘infructuous’, on the sole ground that since the assessee company’s name had been struck-off from the Register of the Company u/s. 560(5) of
Broadcast of copyright work – De minimis infringement and use for review
25 March 2019
25th March The Delhi High Court has held that an assignee of copyrights is not required to implead original owner and therefore the suit cannot be dismissed for non-compliance of Section 61 of the Copyright Act which provides that the licensee is required to
34th Meeting of GST Council – New regime for residential realty sector
21 March 2019
21st March GST Council in the 34th meeting held on 19-3-2019 has decided on the modalities of implementation of GST rate of 1% in case of affordable houses and 5% on construction of houses other than affordable houses. According to the press r
Use of mark ‘The TICER’ replicating mark ‘TIGER’ is a case of “chunking”
19 March 2019
19th February In a suit for permanent injunction restraining infringement of trademark, copyright, design and passing off and for ancillary reliefs, the Delhi High Court has held that use of the mark ‘The TICER’ by the defendant as opposed to &ls
Arbitrability of dispute under TP Act – SC refers matter to Larger Bench
11 March 2019
11th March Supreme Court has referred the question of arbitrability under Transfer of Property Act to the Larger Bench. Holding that judgment in Himangni Enterprises is required to relooked, it observed that there is nothing in TP Act
Design infringement – Prior publication and mere trade variation, fatal
01 March 2019
1st March The Division Bench of the Delhi High Court has upheld the interim decision of the single Judge in a case where defendant had alleged prior publication of the plaintiff’s design based on web-shots from Wayback machine, containing internet arch
E-Form INC-22A ACTIVE – Companies (Incorporation) Rules amended
26 February 2019
26th February On February 21, 2019, the Ministry of Corporate Affairs (“MCA”), in exercise of its powers under the Companies Act, 2013 (“Companies Act”) issued the Companies (Incorporation) Amendment Rules, 2019 (“Incorporation
Trademark - No exclusive meaning to term ‘BOOKMY’
21 February 2019
21st February The Delhi High Court has held that word ‘BOOKMY’ has not attained exclusive meaning with respect to the plaintiff’s ‘BookmyShow’, and that the term BOOK MY is descriptive and part of the common English parlance.<br
State enactment for saving VAT recovery post GST, valid
20 February 2019
20th February Kerala High Court has held that Kerala VAT Act does not stand fully repealed with the 101st constitutional amendment and that the State has legislative powers to enact saving clause under Section 174 of the Kerala GST allowing depart