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.


Trademarks – Passing-off when mark used in cognate and allied products

June 11 2019

11th June 2019 In a case where Plaintiff and Defendant sold tea and biscuits respectively under the mark TODAY, Delhi High Court has held that adoption of the mark for biscuit, which is a cognate and allied product of tea, will result in deception th

Trademarks – Nutraceuticals are akin to medicines for test of passing off

June 11 2019

11th June 2019 In a case involving registered trademark names of nutraceuticals with both products having ‘GLO’ as prefix, the Delhi High Court has held that mere fact that products are not pharmaceuticals, is not convincing for adoption of less

Kerala Flood Cess will be imposed from 1st of July 2019

June 11 2019

11th June 2019 Kerala Flood Cess on intra-State supplies of certain goods and services in the State of Kerala will be imposed from 1st of July 2019 for the period of two years. This Cess was earlier proposed in the Kerala Fina

IGST not payable on supplies from Duty Free Shops at International Airport

June 11 2019

11th June 2019 Allahabad High Court has, in a PIL, held that supply of imported goods to Duty Free Shops (DFS) and from DFS at international airport do not attract any customs duty or IGST. The Court in this regard noted that the effective tax

Amendment to Section 148 of Negotiable Instruments Act has retrospective application

June 07 2019

7th of June While considering the objects for the amendment to Section 148 of the Negotiable Instruments Act, 1881 and the interpretation of Section 148 of the NI Act, the Supreme Court held that Section 148 of the NI Act as amended, shall be applicabl

Claim under s.70 of Contract Act when parties have a binding contract

June 07 2019

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Statutory licensing under Section 31D of Copyright Act not covers internet broadcasting

May 22 2019

15th May 2019 The Bombay High Court has held that statutory licencing under Section 31D of the Copyright Act is meant only for radio and television broadcast and excludes internet broadcasting. The Court was of the view that Defendants&rsquo; on demand strea

Exclusive jurisdiction of court by agreement not violate Copyright Section 62

May 09 2019

09th May 2019 The Delhi High Court has held that an agreement conferring exclusive jurisdiction on a particular Court is not in violation of Section 28 of the Indian Contract Act, 1872 or Section 62 of the Copyright Act, 1957. Court reiterated

FAQs on Real Estate Sector released

May 09 2019

09th May 2019 Ministry of Finance has on 7-5-2019 issued FAQs in respect of recent amendments made for the real estate sector which have come into force from 1st of April 2019. FAQs released under F. No. 354/32/2019-TRU, dated 7-5-2

Trademark registration confers rights on whole and not on individual parts

May 07 2019

07th May 2019 The Delhi High Court has reiterated that registration of trademark under Section 17(1) of the Trademarks Act confers exclusive rights to use trademark as a whole and not a right of registration to individual parts. The Court in t

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&rsquo;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

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