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Trademark – IPAB relies on twin test of prior use and confusion

29th April, 2013 Granting a break to Nestle, the Indian Intellectual Property Appellate Board (IPAB) has allowed their application for registration of mark “Kit Kat” used in respect of ­­wafer chocolates and cereals while denying same to M/s. Kit Kat Foods India Ltd. in respect of their products chanachur, ice cream, etc.       Prior use and possibility of confusion Dwelling on the twin ...

Advocating the case for patent agents

20th April, 2013 In the recent decision on Novartis’ case, the Supreme Court of India observed that scope of a patent claim should not be determined by artful drafting by skilful lawyers. The drafting skill and services rendered by lawyers/patent agents was the subject of debate before the High Court of Madras recently. Provisions held unconstitutional The High Court was of the view that...

Foreign Trade Policy annual supplement 2013 released

18th April, 2013 Annual Supplement to India’s present five year Foreign Trade Policy 2009-14, for facilitating and regulating exports and imports, has been announced today (18-4-2013). Though no new scheme has been announced, to boost exports, schemes currently operational have been amended to provide for more relaxations and benefits to importers who are also exporters. Notifications operati...

Steel poles for outdoor lighting classifiable as steel structures

16th April, 2013 Steel poles or columns for lamp posts for outdoor lighting purposes are classifiable as steel structures and not as parts of lamps or lighting fittings. According to the latest clarification issued in this regard by Central Board of Excise and Customs (CBEC) in the Indian Ministry of Finance, octagonal steel columns for lamp posts are classifiable under Heading 7308 of the...

Pandal or shamiana service is not transfer of right to use goods

16th April, 2013 Activity of providing pandal and shamiana along with erection thereof and other incidental activities do not amount to transfer of right to use goods. Such activity is not a 'deemed sale', and hence will be liable to Service Tax. Clarification issued by the Central Board of Excise and Customs (CBEC) in this regard notes various decisions of High Courts to the effect that f...

Investment allowance eligibility when composite technology used

4th April, 2013 In a recent order the Delhi High Court took a closer look at technology, its application and treatment of consideration received [Grasim Industries Ltd v. GOI, Order dated 7-3-2013],.     Claim for higher rate of investment allowance The issue revolved around denial of higher rate of 35% investment allowance to the assessee who claimed to have used a certain technology t...

Supreme Court rejects patent for new form of known pharma product

4th April, 2013 The Supreme Court of India in its recent judgment has upheld the denial of patent for the beta crystalline form of the chemical compound ‘Imatinib Mesylate’, a therapeutic drug for chronic myeloid leukemia. This landmark ruling by the Apex Court lays down various requirements for granting patents to pharmaceutical products while also deliberating on the scope of “invention” un...

Football pants, jerseys classifiable as apparel and not sports equipment

2nd April, 2013 The US Court of International Trade has held that football pants, jerseys and girdles containing interior sleeves specifically designed to hold in place pads and other protective articles, but imported without these padding, are classifiable as articles of apparel under Chapter 61 or 62 of Harmonized Tariff Schedule of the United States (HTSUS) and not under Chapter 95 as spor...

US Supreme Court rules on infringement in case of lawful importation

22nd March, 2013 In its decision dated 19-3-2013 the US Supreme court granted relief to a student who had arranged for certain textbooks to be purchased in Thailand and shipped to him and had later sold the same within the United States [Kirtsaeng, DBA Bluechristine v. John Wiley & Sons, Inc]. On the lines of the recent Delhi High Court decision which upheld the principle on international exh...

Posting on website not legally binding

19th March, 2013 In  an important  decision, the Bombay High Court observed that an applicant for trademark was not obliged to inspect the website of the registering authority on a daily basis nor bound legally to take notice of anything that is posted on the website.  The court thus allowed, by order dated 1-3-2013, the Institute of Cost and Works Accountants of India (ICWAI) to continue t...

Back up IT support services not taxable as ‘technical services'

16th March, 2013 The Income Tax Appellate Tribunal (ITAT), Pune, in a recent case [Sandvik Australia Pty Ltd v. Deputy Director of Income Tax (International Taxation) decision dated 31-1-2013] examined the taxability of consideration for IT support services under domestic as well as the under Treaty provisions.   IT support services whether amounts to technical services At issue was the ...

Prosecution provisions to be made more stringent

15th March, 2013 Arrest and prosecution provisions in Customs, Central Excise and Service tax laws will become more stringent as per Budget 2013 proposals. While certain offences will be non-bailable and cognizable, there is also an amendment to impose penalty on directors and other officers of a company.  Non-bailable offences -Customs Section 104 of the Customs Act, empowering Customs o...

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