News
Copyright suit by owner who is not a copyright society, maintainable
18 February 2019
18th February In a case involving copyright in sound recording, the Delhi High Court has held that an individual owner, despite having granted license to copyright society, can further grant licenses with respect to copyright works owned by him, and sue the
Company seeking voluntary removal under Section 248(2) be treated sympathetically
08 February 2019
8th February NCLAT has held that a company seeking voluntary removal of its name from register of companies should be treated sympathetically by the Registrar. It was held that such company should not be resisted from taking benefits of provis
Insolvency and Bankruptcy Code is constitutionally valid: SC
01 February 2019
1st February Supreme Court has upheld constitutional validity of various provisions of Insolvency and Bankruptcy Code, 2016. It noted that the Code is a beneficial legislation which puts corporate debtor back on its feet, not being a mere recovery legi
Competition - Director can be proceeded against on violation of Sections 3 & 4
29 January 2019
29th January The Delhi High Court has held that officers or directors of a company can be proceeded against for violation of Sections 3 and 4 of the Competition Act, dismissing the plea that directors are punishable only where CCI order is not obeyed.
Insolvency proceedings can be initiated against ‘corporate guarantor’
22 January 2019
22nd January The NCLAT has held that without initiating Corporate Insolvency Resolution Process (CIRP) against the principal borrower, financial creditor can initiate CIRP against the Corporate Guarantors. It noted that as per IBC Section 5(8)
Trademark - Honest use of competitor’s mark for comparison allowed
21 January 2019
21st January The Delhi High Court has held that failure to point out competitor’s advantage is not necessarily dishonest and that primary objective of Trademarks Sections 29(8) and 30(1) is to allow comparative advertising as long as the use is h
No summary adjudication of suit requiring expert evidence, at injunction stage
11 January 2019
11th January Setting aside a High Court Division Bench Order, the Supreme Court has remanded a suit back to the Single Judge in a dispute involving alleged infringement of patented technology by use of seeds/hybrid seeds bearing the patented technology.<br /
Advance authorisation - Removal of pre-import condition for IGST exemption
11 January 2019
11th January Pre-import condition to avail exemption from IGST and Compensation Cess for imports under Advance Authorisation has been removed. CBIC Notification 01/2019-Cus., dated 10-01-2019 in this regard amends Notifications Nos. 18/2015-Cu
Patent in eco-friendly efficient vehicle – Absence of novelty
21 December 2018
The Calcutta High Court has held that the patent in “a fuel cell system and an efficient eco-friendly vehicle mounted with fuel cell system” did not involve any novel invention or any enhancement/advancement of existing technology.
Composite suit of Infringement of design and passing off, permissible
20 December 2018
Five Judges Bench of the Delhi High Court has allowed a composite suit for infringement of registered design and passing-off.