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Our attorneys and specialists remain up-to-date with the latest legal developments and offer their perspectives and critical commentary.

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Intellectual Property Rights

Realizing the Digital India dream

21 五月 2015

It has been an explosive opening quarter for investments in early stage ventures. The information technology sector alone has attracted a whopping US$612 million of the over US$1 billion reported investments from January to March, 2015.

CCI fines parties for gun jumping

14 五月 2015

The Competition Act, 2002 (“Act”) read with the attendant Combination Regulations provide for a mandatory notification of the transaction to the Competition Commission of India (“CCI”) provided that threshold limits provided under the Act are met (“combination”).

Direct Tax

Compelling a non-resident to seek PAN: A vexed question

01 五月 2015

With a view to enhance detection capabilities of the tax department and enforcing better compliance Section 206AA was inserted by Finance (No.2) Act, 2009 with effect from 01.04.2010.

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.

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