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European Parliament rejects ACTA

6th July, 2012 In what is being claimed as a victory for internet freedom, broad-based debate and consultation before harmonizing of intellectual property law and an acceptable framework to deal with generics, counterfeit goods as also enforcement of copyright, the European Parliament, on 4th July, voted to reject the Anti-Counterfeiting Trade Agreement (ACTA).     Barring 5 nations, 22 ou...

US labelling provisions violate WTO's TBT agreement

6th July, 2012 The Appellate Body of the DSB in the World Trade Organisation has partly upheld the Panel Report when it held that the US COOL provisions which impose an obligation on retailers selling specific products in the United States to label those products with their country of origin are violative of Article 2.1 of the Agreement on Technical Barriers to Trade as they accord less favou...

Demise of arbitrator does not affect arbitration

26th June, 2012 The Supreme Court of India has held that the death of a named arbitrator in an arbitration agreement would not result in the termination of an arbitration agreement. In the case before the Apex Court, the agreement stated that if there was any dispute between the parties ‘at any time’ the dispute shall be referred to the arbitrators who were respectively former Chairman and...

IP battle on Olympic turf

22nd June, 2012               The IP battle in sports is swifter, higher and stronger. Last month the use of colour of a car as ‘Olympic White’ was held to be a violation of trademark of the Olympic Organising committee by the Ninth Commercial Court of Appeals, Russia. Earlier, the Federal Antimonopoly Service had ruled that ‘Olympic’ is a protected verbal component of Sochi-2014 (winter Ol...

Negative list under Service tax comes into force from 1st July

16th June, 2012 Finance Act, 2012 has brought a paradigm shift in the Service Tax regime by bringing the concept of negative list to determine taxability. New Sections 65B, 66B, 66C, 66D, 66E, 66F and certain clauses of Section 68 will come into effect from 1st of July, 2012 while Sections 65, 65A, 66, 66A and part of Section 67 of Finance Act, 1994 will cease to have effect from the same dat...

India releases supplement to Foreign Trade Policy

6th June, 2012 The Annual Supplement for the year 2012-13 to the Foreign Trade Policy has been released on 5th June, 2012 by the Indian Commerce Ministry. The policy while granting some relief to exporters in terms of additional benefits and extension of some of the presently available concessions, also tries to restrict the outflow of foreign exchange by allowing domestic procurement against...

Service Tax – New rules for compounding & settlement notified

2nd June, 2012 New set of rules for compounding of offences and settlement of cases in respect of Service Tax have been notified. Introduction of such facilities for Service Tax cases along with issuance of rules similar to the Central Excise (Compounding of Offences) Rules, 2005 and the Central Excise (Settlement of cases) Rules, 2007, brings integration of Central Excise and Service Tax law...

Permissibility of parallel imports under IP laws clarified

17th May, 2012 The Central Board of Excise & Customs has, in a recent Customs Circular, clarified the scope of various intellectual property laws in case of parallel imports. The circular deals with cases of import of original/genuine products, sold or acquired legally abroad and imported into the country, by persons other than the intellectual property right holder. Such imports when made...

Japan amends IP laws

16th May 2012 The Act on Partial Revision of the Patent Act entered into force from April 1, 2012 in Japan. It contains a host of provisions covering trademarks, utility models, designs and Patent Cooperation Treaty as well as small and medium sized enterprises. One of the major changes brought about by the Act is the system of ‘Automatic Perfection’ to enable non-exclusive licensees to have ...

E-waste Rules come into effect from 1st May

4th May, 2012 India’s new E-waste (Management and Handling) Rules 2011 have come into effect from 1st of May 2012. The new rules which put an additional burden on the manufacturers were notified last year on 12th of May and a period of one year was given for the industry to prepare itself for the new regime. As per the new rules, e-waste covers not only waste electrical and electronic equi...

Slip-on boots classifiable as footwear without fasteners

26th April, 2012 In an interesting ruling, the United States Court of International Trade, on 24th April, 2012, upheld the U.S. Customs’ classification of Classic Crochet boots under sub-heading 6404.19.35 of HTSUS. This heading covers “footwear of the slip-on type, that is held to the foot without the use of laces or buckles or other fasteners.”     The plaintiff Deckers Outdoor Corp., ha...

ECB Policy relaxed for refinancing of existing ECBs

24th April, 2012 The Reserve Bank of India has relaxed the External Commercial Borrowing Policy in two phases. The first one provides relaxations to infrastructure and power companies while the second set of concessions are intended to benefit those oprting for refinancing of existing ECBs. Indian companies in the power sector have been allowed to utilise 40 per cent of the fresh ECB raised...

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