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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

National IPR Policy announced

20 May 2016

The Ministry of Commerce and Industry of the Government of India released the much awaited National IPR Policy (“the Policy”) on May 13, 2016, with a vision to transform India as a knowledge economy. Under the tag line “Creative India; Innovative India,” the Policy hopes to catalyse the innovation ecosystem towards India’s economic growth and socio-cultural development.

Patent (Amendment) Rules, 2016

20 May 2016

On May 16, 2016, India brought in various changes to the Patent Rules, 2003 making it more aligned with use of technology like mandatory e-submission of documents and hearing through video-conferencing besides changes in procedure and providing for expedited examination and so on.

Trademark – Non-receipt of consideration for assignment not relevant when same registered

20 May 2016

The Delhi High Court has held that even in case of non-receipt of consideration for assignment of the trademark by the assignor, unless the entry made in the Trademark Register is removed by the appropriate authority, the assignor has no right to infringe the same very mark which is assigned by him.

Exemption for supply to R&D establishment

19 May 2016

CESTAT Mumbai has allowed benefit of Notification No. 10/97-C.E. to air-conditioning and refrigeration equipment supplied to Research & Development Organisations namely, Vehicle Research & Development Establishment, and the Electronic & Radar Development Establishment, when the AC system were specially designed and modified, by the said customers, for use in specialized mobile operation theatres for use by the Indian Army in the field.

Lease equalisation levy is not consideration and not liable to Service tax

19 May 2016

To qualify as ‘gross amount charged’ there must be a payment and it must be in the nature of a consideration for a service.

Arbitration of copyright issues, permissible

19 May 2016

Bombay High Court has held that copyright issues that arise out of an agreement between parties are subject to arbitration, provided the arbitration clause in the agreement encompasses the same.

India-Mauritius Double Taxation Avoidance Convention re-cast

17 May 2016

As per Procotol signed on 10-5-2016, India and Mauritius have agreed to certain amendments in the ‘Agreement for avoidance of double taxation and prevention of fiscal evasion with Mauritius’ (DTAC) between the two countries.

DRI officers not empowered to issue notices for imports before 8-4-2011

04 May 2016

The Delhi High Court has held that officers of Commissionerates of Customs (Preventive), Directorate General of Revenue Intelligence (‘DRI’), Directorate General of Central Excise Intelligence (DGCEI) and similarly placed officers, do not have jurisdiction to issue show cause notices under Section 28 of the Customs Act, 1962, in respect of imports made prior to 8-4-2011.

Trademarks - Ex-parte ad-interim injunction possible only in case of distinctive mark

27 April 2016

Division Bench of the Delhi High Court has vacated the ex-parte ad-interim injunction granted by the Single Judge Bench against a major mobile and personal computer manufacturer, for use of words ‘Split View’.

Copyrights – Interim injunction cannot be granted on cursory material

27 April 2016

Bombay High Court has refused to grant ad-interim relief in a case of alleged copying of Plaintiff’s registered literary work (script of a movie) without his permission, license or assignment.

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