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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

Territorial jurisdiction of court - Trademark s.134 and Copyright s.62 are not in exclusion to s.20 of CPC

October 01 2018

Delhi High Court has held that territorial jurisdiction of a Court in a trademark action could be invoked where there is use ‘upon’ or ‘in relation’ to goods. It noted that the phrase ‘in relation to’ includes advertising, promotion, etc.

GSTR-1, GSTR-3B and GST TRAN-1 – New due dates notified

September 12 2018

Form GSTR-1 for the months of July 2017 till September 2018 can now be filed till 31st of October 2018, both by persons having turnover up to Rs.1.5 crore and more (with certain exceptions).

Transfer pricing - Functional comparability for computing ALP under TNMM

August 20 2018

Delhi High Court has upheld the ITAT decision which in turn had upheld the exclusion of comparables observing that the nature of services provided by assessee under R&I segment were in nature of Knowledge Processing Outsourcing (KPO) and not of Business Processing Outsourcing (BPO)

Copyright in image of ‘Lightning McQueen’ protected from commercial misuse

August 17 2018

In a case of character merchandising, Delhi High Court has granted permanent injunction retraining defendants from selling goods bearing image of device/work in “Lightning McQueen”, a character from the Disney movie called “Cars”.

Trademark – No monopoly over entire class of goods

August 16 2018

The Supreme Court has held that proprietor of trademark cannot enjoy monopoly over entire class of goods particularly when he is not using said trademark in respect of certain goods falling under same class.

GST rate on various products and services clarified

August 13 2018

CBIC has issued an elaborate circular to clarify on rate of GST on various products, namely, fortified toned milk, refined beet and cane sugar, tamarind kernel powder (modified & un-modified form), drinking water, plasma products, wipes using spun lace non-woven fabric, real zari kasab (thread),

Trademark – No infringement if mark not used as trademark

August 06 2018

Delhi High Court has denied interim injunction against use of trade name MERCYKIND which was alleged to be infringing the mark MANKIND and also its series of marks with suffix/prefix KIND. The court in this regard noted that plaintiff had taken different stand before the Registrar,

Copyright of producer in cinematographic work when cannot be restricted

August 06 2018

A Division Bench of the Madras High Court has held that once the ‘performer’ in an advertisement film (cinematograph work) has agreed to vesting of copyright in the producer of the film, the said performer, by way of an agreement,

Trademark - No passing off for using mark SPLITVIEW

August 06 2018

Observing that the elements of irreparable injury and balance of convenience were not satisfied, Delhi High Court on dated 4-7-2018 has rejected grant of an interim injunction in a case involving use of word SPLITVIEW in software products.

Pre-cut Eye Drape having only functional value does not qualify as Design

August 06 2018

Considering nothing non-obvious, novel or unique in the shape, size, configuration, pattern and composition in registered design of Pre-Cut Eye Drape, Delhi High Court in its decision dated 28-5-2018 has held that the design does not qualify as design under Section 2(d) of the Designs Act.

Commercial Courts…(Amendment) Bill passed by Lok Sabha

August 06 2018

The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Bill, 2018 has been passed by the Lok Sabha (lower house of the Indian Parliament).

SCOMET - Amendments in Appendix 3, procedural relaxations and export authorisations

July 26 2018

The Central Government has made a total of 139 amendments in Appendix 3 to Schedule-2 of ITC (HS) Classifications of Export and Import Items, 2018. Notification No. 17/2015-2020, dated 3-7-2018 has been issued for the purpose.

CGST and IGST provisions set to be amended

July 23 2018

Goods and Services Tax Council has, on 21-7-2018, in its 28th meeting approved draft amendments to CGST Act, IGST Act and GST (Compensation to States) Act.

TRAI’s recommendation on data privacy, security and ownership

July 19 2018

The Telecom Regulatory Authority of India (TRAI) released their Recommendations on Privacy, Security and Ownership of Data (the Recommendations) in context of the telecommunication domain. The Recommendations, besides elaborating on the need and importance of data privacy in telecommunications,

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