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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

Trademarks – No suit for passing off maintainable if plaintiff’s use not honest

May 01 2019

01st May 2019 The Delhi High Court has held that plaintiff which is a sister concern of and hired by Elder Pharmaceuticals Ltd. (EPL), cannot claim latter’s trademark and reputation on liquidation of EPL. Holding that such use with the k

Patents – Exemption under Section 107A available to exports for clinical studies

April 29 2019

29th April A Division Bench of the Delhi High Court has held that sale, use, construction of patented products by persons who do not hold patents or licenses from patentees, in terms of Section 107A of the Patents Act is correct provided it is reasonably rel

Certain provisions of Competition Act held unconstitutional – Court directs CCI to formulate regulations

April 15 2019

15th April Delhi High Court has declared Section 22(3) of the Competition Act (except proviso), relating to meetings of the Commission, as unconstitutional and void. Section 53E, in respect of COMPAT, as it stood before the amendment by the Finance Act, 2017

DGAD findings can only be interfered with if there is procedural illegality

April 08 2019

8th April Delhi High Court has refused to interfere, under Article 226 of the Constitution, with DGAD final findings recommending non-imposition of Anti-dumping duty on AA Dry Cell Batteries imported into India from China and Vietnam. The Designated Authorit

RBI circular triggering IBC on debtors in general, declared ultra vires

April 05 2019

5th April Supreme Court has declared the RBI Circular dated 12-02-2018, by which the RBI promulgated a revised framework for resolution of stressed assets, ultra vires Section 35AA of the Banking Regulation Act. It declared all actions proceed

NCCD exemption available to units exempted from Excise duty

March 29 2019

29th March Supreme Court of India has held that manufacturing units in special categories states which were exempt from Central Excise duty would also be exempt from National Calamity Contingent Duty (NCCD), since NCCD is of the nature of an excise duty.&nbs

Patents - Cross examination to be allowed in highly technical cases

March 27 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

March 27 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

March 25 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

March 21 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”

March 19 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

March 11 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

March 01 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

February 26 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

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