articles
Intellectual Property
Dishonest use of a well-known and descriptive trademark amounting to infringement
26 四月 2022
The article analyses decision of the Delhi High Court which has held that once the Plaintiff has shown that the use by the Defendants is of the exact word i.e., the registered trademark of the plaintiff, and that the goods or services are identical, the Court will necessarily presume that confusion would arise in the minds of the public or consumers as to the origin of the goods or services and accordingly, an interim injunction would have to be issued. The authors state that even though...
Goods and Services Tax
Discharge of indirect tax liabilities and procedural compliance during intervening period in case of amalgamation/ merger / demerger
25 四月 2022
The article discusses at length the significance of ‘appointed date’, ‘effective date’ and various clauses of the scheme of amalgamation/ merger/ demerger in the light of indirect tax laws. Elaborating upon the concepts, the author deliberates on a dispute in respect of those transactions which are undertaken between the appointed date and the effective date/till the fresh registration under indirect tax is obtained by the successor in its own name.
Corporate
SEBI tweaks IPO norms: A cautioned approach
21 四月 2022
The Initial Public Offering (‘IPO’) market has been booming ever since the dawn of 2020. As per the latest EY Global IPO Report, the year 2021 has been the best IPO year since the last 20 years.
Direct Tax
Crypto taxation in the Finance Act, 2022: The Indian conundrum
19 四月 2022
In November 2021, the government floated the idea that it was going to introduce ‘The Cryptocurrency and Regulation of Official Digital Currency Bill, 2021’, to lay down a framework for regulating transactions involving cryptocurrency.
Competition and Antitrust
Merger Control in India : A Review of the Year 2021
05 四月 2022
Mergers and acquisitions in India reached near an all-time high in the year 2021 after deals worth US $90.4 billion were struck in the first nine months. Of these, a total of 95 combinations were notified to the Competition Commission of India (“CCI”).
Insolvency
Obligation of vigilance under Insolvency and Bankruptcy Code, 2016
05 四月 2022
Vigilantibus, et non dormientibus, jura subveniunt is a noted maxim which means ‘the laws assist those who are vigilant, not those who sleep over their rights ‘ . This is a pertinent principle which applies predominantly while determining if a particular cause of action has been espoused within the limitation period.
International Trade & WTO
Standard of review in sunset review investigation – CESTAT shines new light
31 三月 2022
In a sunset review investigation, the objective of the review carried out by the investigating authority is to determine whether there is a likelihood of continuation or recurrence of dumping and injury upon cessation of Anti-Dumping Duty (‘ADD’). Only if there is a likelihood, can the investigating authority recommend the continuation of ADD.
Intellectual Property
Delhi High Court expounds on Doctrine of Equivalence and parallel import under patent law
28 三月 2022
In the recent case of Sotefin SA v. Indraprastha Cancer Society And Research Center & Ors a Single Judge of the Delhi High Court granted an interim injunction by restraining the Defendants from making, selling, exporting, or from offering for sale, importing or in any manner directly or indirectly dealing with infringing products namely, ‘Smart Dollies’ that infringed the Plaintiff’s patent IN214088 pertaining to a ‘Carriage for the horizontal transfer of motor vehicles in automatic mechanical
Regulatory
Evolving cooperation on facilitating easier cross-border data flows
25 三月 2022
Transfers of personal data and non-personal data across borders remains an aspect of significant concern and consideration in the growth of digital economies.
Goods and Services Tax
(In)voluntary payments made during investigations – Perspectives from Bundl Technologies
25 三月 2022
One of the common woes of an assessee facing an investigation, under the Central Goods and Service Tax Act, 2017 (‘CGST Act’) is that they are often compelled to make payments during the pendency of the investigation, mostly only to buy peace temporarily.
Insolvency
Cross-border insolvency – The ever-evolving framework
24 三月 2022
We had dealt with the draft chapter on Cross Border Insolvency (‘CBI’), proposed to be included within the framework of Insolvency & Bankruptcy Code, 2016 (‘IBC’/ ‘Code’) vide Public Notice dated 20 June 2018, in our previous article featured in August 2018.
Real Estate Law
BOCW Act: Applicability on factories?
24 三月 2022
The article discusses the applicability of Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (‘BOCW Act’) to factories wherein construction activity for the purpose of expansion or constructing godowns is being undertaken.
Direct Tax
Disallowance under Section 14A proposed even in absence of exempt income: Tax net tightened in Budget 2022?
21 三月 2022
Finance Bill, 2022 has brought in certain amendments with an intent to augment revenue and one such amendment is fetched into Section 14A of the Income-tax Act, 1961 (‘Act’).
Customs
Evolving EV ecosystem in India
25 二月 2022
The article highlights the changes in entries relating to electric vehicles (‘EV’) and their probable impact on the EV ecosystem in India. Discussing the amendments made by a notification issued as part of Budget 2022 proposals, the authors point out that though there is no change in the rate of duty, the changes carried out in the description in context of the form and the manner in which the goods are to be imported is likely to cause muddle among the industry and the field formations.
International Trade & WTO
Exclusion of Standard-Compliant Products from the scope of the PUC – Final Findings in Welded Stainless Steel and Pipes
25 二月 2022
The article examines the recent Final Findings issued by the DGTR in the Mid-Term Review of countervailing duty on imports of Welded Stainless-Steel Pipes and Tubes (‘product under consideration’, ‘PUC’) from China PR and Vietnam. The author elaborately discusses the three reasons as listed by the DGTR while rejecting exclusion of specific grades of the PUC compliant with American Society of Mechanical Engineers-Bioprocessing Equipment (ASME-BPE) standards.
Intellectual Property
Prior use v. registered trademark – An analysis of Section 34 of Trade Marks Act, 1999
24 二月 2022
The article analyses Section 34 of the Trade Marks Act, 1999 which keeps on a higher ground the rights of a prior user of the mark than that of the registered proprietor of a trademark who is granted registration later. It highlights the key requirements that a prior user is required to meet and what the Courts consider in determining whether the ‘use’ requirements are satisfied. The article also discusses a few examples of evidentiary documentation that can be used...
Corporate
Taxing of crypto gains – Ushering in a new era of regulation
23 二月 2022
The proposed taxation regime and the requirements under the Companies Act, 2013 are in line with the updated guidance for virtual assets issued by Financial Action Task Force, an inter-governmental organisation in October 2021. Elaborating on the new tax regime, the author also deliberates upon how different countries across the world are regulating and taxing crypto currency transactions…
Direct Tax
Dilemma of formation by reconstruction or splitting-up of existing business – A deterrent to income-tax benefits?
15 二月 2022
The legislature has time and again introduced various income-tax benefits and incentives to encourage fresh investments and stimulate the economic growth. These incentives are generally given to new businesses in form of tax holidays, concessional tax rates or additional deductions.
International Trade & WTO
India – sugar subsidies: A bitter verdict at the WTO
01 二月 2022
On 14 December 2021, a dispute settlement panel of the World Trade Organization (‘WTO’) circulated its report concerning the subsidies allegedly granted and maintained by India in respect of sugar domestically produced and exported from India.