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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

Draft model guidelines on IPR policy for academic institutions released

September 12 2019

Cell for IPR Promotion and Management (CIPAM), Department for Promotion of Industry and Internal Trade (DPIIT) under the Ministry of Commerce and Industry of India, has recently released draft model guidelines on implementation of IPR policy for academic institutions.

Mandatory registration of import of certain products of iron and steel into India

September 12 2019

12th September 2019 The Directorate General of Foreign Trade has amended the Import Policy concerning certain iron and steel products by Notification No 17/2015-20 dated 05th September 2019. As per this Amendment Notification, the import poli

Trademark - Passing off in packaged water be treated same as in pharma

September 11 2019

11th September 2019 Bombay High Court has held that in public interest, passing off in packaged drinking water should be dealt in a similar way as cases involving medicinal products, and a lesser burden of proof showing confusing similarity is required as ag

Appeal against CESTAT Order on violation of exemption condition lies before High Court

September 06 2019

6th September, 2019 3-Judge Bench of the Supreme Court has on 5-9-2019 held that an appeal against the CESTAT Order, involving violation of conditions of Customs exemption notification, would lie before the High Court and not the Supreme Court.

Appointment of arbitrator – Arbitration Section 11 when not applicable

September 02 2019

2nd September 2019 The 3-Judge Bench of the Supreme Court has upheld the view that Section 11 of the Arbitration and Conciliation Act, 1996, for appointment of arbitrator by the Court, is not applicable in a dispute involving NHAI as National Highway Act, 19

Patents - Registration under Insecticides Act is not ‘prior publication’

September 02 2019

2nd September 2019 Delhi High Court has held that just because an earlier registration under the Insecticides Act, was in favour of the plaintiff and later the defendant, it does not mean that the patented process was disclosed. It noted that

Job work – Finance Ministry waives GST Form ITC-04 for July 2017-March 2019

September 02 2019

2nd September 2019 Indian Ministry of Finance has waived the requirement of filing GST Form ITC-04 under Rule 45(3) of the Central Goods and Services Tax Rules, 2017, for the period July 2017 till March 2019. This form is required to furnish d

India relaxes FDI policy for single brand retail, coal mining and contract manufacturing

August 29 2019

29th August Indian Union Cabinet has on 28-8-2019 approved major proposals for relaxation in Foreign Direct Investments (FDI) policy relating to Single Brand Retail Trading (SBRT), coal mining and sale, contract manufacturing in India, and for uploading spec

Trademark in name of company – Use in a hologram not amounts to use any differently

August 26 2019

26th August The Delhi High Court has held that usage of a word mark in the hologram by the defendant would not amount to use of the word any differently from that of plaintiff. The Court also noted that registration of word ‘TOASHA&rsquo

Use of same word in company name – Remedies available under both Companies Act and Trademarks Act

August 26 2019

26th August In a case involving use of word ‘Aglow’ in the corporate name also by the defendant, the Bombay High Court has granted permanent injunction against the defendant. It observed that the defendant had no apparent reason fo

Pharma patent – No interim injunction unless opinion on 3 elements and some additional feature

August 26 2019

26th August The Delhi High Court has held that it is not possible to apply an across the board approach to all cases of alleged infringement of patent, particularly pharmaceutical patent, where as a matter of routine at first hearing there would be grant of

Mergers and Acquisitions - MCA clarifies on ‘Appointed date’ for s.232(6)

August 22 2019

22nd August 2019 Ministry of Corporate Affairs has clarified that companies may choose any specific calendar date or a date tied to occurrence of any event like date of grant of license, or fulfillment of preconditions, agreed upon by parties for

Combinations – CCI amends its regulations to provide for green channel approvals

August 19 2019

19th August Competition Commission of India (CCI) has amended its CCI (Procedure in regard to the transaction of business relating to Combinations) Regulations, 2011 to provide for approval of certain specified combinations under Green Channel.

Income Tax - Monetary limits for departmental appeals before ITAT, HC and SC revised

August 09 2019

9th August Ministry of Finance has enhanced the monetary limits for filing income tax appeals by Revenue department before ITAT, High Courts and Supreme Court. According to CBDT Circular No. 17/2019, dated 8-8-2019, Revenue department wo

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