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
