articles
Intellectual Property Rights
Impact of International Treaty on Plant Genetic Resources for Food and Agriculture on Biological Diversity Act
28 四月 2015
The Biological Diversity Act, 2002 (“the Act”) [see end note 1], was passed pursuant to India’s commitment to United Nation Convention on Biological Diversity (“Convention”), which reaffirms the sovereign rights of the States over their biological resources.
An economic perspective on environmental jurisprudence in India
22 四月 2015
Over the past few decades, the Supreme Court of India has taken environmental degradation very seriously. The Supreme Court has proactively incorporated advanced legal principles such as polluter pays, precautionary principles, absolute liability
Securities Laws
How to train your dragon – Discretion in SEBI’s penalty orders
22 四月 2015
This article seeks to question the penal powers of the Securities and Exchange Board of India (SEBI), regulator of the Indian securities market. SEBI has been vested with powers to impose heavy penalties on companies indulging in activities that hamper investor interests and securities market.
Trading of goods under negative list & Cenvat credit
16 四月 2015
Under Section 66B of the Finance Act, service tax shall be levied on the value of all services, other than those service specified in the negative list.
Intellectual Property Rights
Process patent litigation in pharma sector – An overview
23 三月 2015
Since the inception of the Patents Act, 1970, Indian patent law has been a process patent regime in the field of pharmaceuticals.
Intellectual Property Rights
National IPR Policy - What is the IPR Think Tank thinking?
23 三月 2015
The Department of Industrial Policy and Promotion (DIPP) formed a six member committee on 22nd October, 2014 to formulate National IPR Policy.
Budget 2015 & supplies to ICB Projects – Certain Issues
16 三月 2015
Supplies against International Competitive Bidding (ICB) have been on the rise with several specified projects being awarded in the recent times. In Union Budget, 2015 itself, five ultra Mega Power Projects have been announced
International Trade & WTO
Time period for completing anti-dumping reviews - An issue in flux
16 三月 2015
By Lakshmi Neelakantan The provisions relating to anti-dumping measures under the Customs Tariff Act 1975 (“Act”) and the Customs Tariff (Identification, Assessment & Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (“AD rules”) provide for differen
Direct Tax
ICDS – Will it make an Impact?
16 三月 2015
The Central Government is empowered[see end note 1] to notify ‘accounting standards’ under Section 145 of the Act[see end note 2] which need to be necessarily followed while computing income under the head ‘profits and gains of business or profession’ or ‘other sources’.
Securities Laws
The Proposed Watchdog Merger
09 三月 2015
While the budget 2015 is being heralded as anywhere between good to excellent, a particular portion of the budget speech caught many a fancy as Mr. Jaitley, Finance Minister announced “I also propose to merge the Forwards Markets Commission with SEBI to strengthen regulation of commodity forward
Direct Tax
Shareholder’s activity – India’s stand
29 一月 2015
Subsidiaries of Multi National Enterprises (‘MNEs’) generally avail the services of their group companies for routine business operation and management.
Intellectual Property Rights
Design registration in India – An overview
22 一月 2015
The registration of designs in India is governed by the Designs Act, 2000, which was made effective from May 11, 2001, and the Design Rules, 2001.
Corporate Advisory
Holding-subsidiary loans prohibition - Respite under company law
20 一月 2015
On 2nd December, 2014, the Union Cabinet, approved the Companies (Amendment) Bill, 2014 (‘Amendment Bill’) for introduction in Parliament (Lok Sabha) to make certain amendments in the Companies Act, 2013 (‘2013 Act’). The 2013 Act was brought into force partly on 12th September, 2013
Place of Entertainment – Uncertainty prevails
14 一月 2015
With the passage of time, different technologies and standards evolve. Similarly, law cannot stand still; it must change with the changing social concepts and values [see end note 1].
International Trade & WTO
Information Technology Agreement-II – Should India join?
14 一月 2015
Recently we saw how two bilateral agreements made the existence of WTO seem more relevant, by infusing more energy in the apex trade body.
Direct Tax
Engineering, Procurement and Construction (EPC) contracts in India
24 十二月 2014
The economic growth that India witnessed in last two decades has attracted Multinational Enterprises (‘MNEs’) to increase their business presence manifold in India.
International Trade & WTO
Hearing in anti-dumping investigation – A comparative analysis
24 十二月 2014
Despite lack of procedural clarity about the conduct of oral hearings, India scores over EC, South Africa and Pakistan by requiring a compulsory hearing.
Intellectual Property Rights
Rules for determining deceptive similarity in composite marks
22 十二月 2014
A Division Bench of the Delhi High Court recently dwelt upon the rules for determining deceptive similarity and consequent trade mark infringement when the conflicting trade marks under consideration are composite marks i.e. marks comprising of more than one element.
Securities Laws
Insider Trading Regulations, 2014 – An Overview
17 十二月 2014
The malfeasance of insider trading has attracted the attention of regulators from jurisdictions across the world, especially in the light of discovery of massive frauds, both in the Indian and international capital markets. The lacunae in the Securities and Exchange Board of India