articles
International Trade & WTO
Anti-dumping and countervailing duties – India and US Practice
29 七月 2013
India follows a prospective method of Anti-dumping Duty (AD) and Countervailing Duty (CVD) imposition whereas the United States has adopted a retrospective method.
Intellectual Property Rights
Bar on mathematical methods under Indian Patents Act
29 七月 2013
In accordance with the Indian Patents Act, 1970 (‘the Act’), Section 3 lists what are not considered to be inventions and therefore, non-patentable. Section 3(k) reads as follows.
Regulatory Laws
Land Acquisition Bill, 2011 – A comparative analysis with the Act
29 七月 2013
The Land Acquisition Bill 2011 proposes a change in the definition of “public purpose”, which is a fundamental concept in land acquisition. Presently the definition of public purpose under the Land Acquisition Act, 1894 includes provision of village sites or the extension, planned development or improvement of existing village sites;
Direct Tax
Tax planning in letter and spirit
25 七月 2013
The media, in recent months, has been focussing extensively on tax planning, tax avoidance and aggressive tax planning.
Goods and Services Tax
Facilitation of cross-border services - Imprecision in the POPS Rules
25 七月 2013
International transactions involving provision of services now revolve around the concept of place of provision of service.
Intellectual Property Rights
Protecting property rights through common law remedies
24 六月 2013
Contributing to the growing domestic IP jurisprudence, the Delhi High Court has recently upheld unfair competition tort in a matter pertaining to data and information emanating from a cricketing event and held that such information qualifies as quasi-property.
Corporate Advisory
Squeeze out clause – A perspective
24 六月 2013
‘Squeeze Out’ provisions in the Companies Act, 1956 enable the majority shareholder holding above a prescribed threshold limit to “squeeze-out” the minority shareholders and acquire the entire shareholding in a company.
Goods and Services Tax
Refund of Cenvat credit on services under reverse charge mechanism
14 六月 2013
It is been almost a year since the negative list of services based regime for levy of Service Tax under the Finance Act, 1994 (in short ‘the Act’) was introduced.
International Trade & WTO
Export promotion programmes and SCM Agreement – Has the countdown begun?
21 五月 2013
Article 3 of the WTO SCM Agreement provides for two types of subsidies which are considered as prohibited subsidies, namely (i) export contingent and (ii) import substitution.
Intellectual Property Rights
Patent of addition
21 五月 2013
After arriving at an invention, it is often the case that there is an improvement or modification of the invention.
Regulatory Laws
RBI revises banking license guidelines
21 五月 2013
The banking system in India has been constantly evolving with the government and the Reserve Bank of India (the RBI) making changes in the banking policies, as and when required. The RBI grants licenses to entities proposing to establish new banks and enter the industry, and also governs terms of the same.
Goods and Services Tax
Export of services under the new regime of Service Tax
14 五月 2013
As we approach the second year in the negative list based regime in service tax, there are many issues which have not been comprehended yet.
Intellectual Property Rights
Post-dating of patent applications and its implications
14 五月 2013
Post-dating means to change the priority date of a patent application to a later date.
International Trade & WTO
Anti-absorption provisions – A new chapter in trade remedial investigations in India
01 一月 0001
Union Budget 2021-22 proposes introduction of anti-absorption provisions in the legal framework governing anti-dumping and countervailing duty investigations. The article deals with questions like what is absorption, what is its purpose and the relevant changes as proposed in the Sections 9 and 9A of the Customs Tariff Act, 1975. The author also highlights the difference in the anti-absorption provisions for ADD and CVD and discusses certain aspects of the EU’s anti-dumping framework.
Insolvency
License dues trump the Insolvency and Bankruptcy Code?
01 一月 0001
The NCLAT, in its recent decision in Union of India v. Vijaykumar V Iyer, has arguably created a new class of creditors, not previously known to the provisions of the Insolvency and Bankruptcy Code, 2016 (‘IBC’). The Appellate Tribunal effectively found that licenses granted by the Department of Telecommunications, Government of India (‘DoT’) to private players for the use of spectrum can override provisions of the IBC.
Corporate, Regulatory
DPDPA: Concerns and impact in the online gaming world
01 一月 0001
The article discusses how the gaming industry will be impacted by the Digital Personal Data Protection Act, 2023. It discusses how the new law once enforced will require platforms, gaming developers, and gamers (or users) alike to pay attention to the framework under which personal data may be processed, notices reviewed, consents provided (where required) and rights exercised with regard to the processing of personal data.
Service PEs – Employing the right structure
01 一月 0001
The more you explain, the less clear things appear to be. This statement could apply to a host of things including service PEs.
International Trade & WTO
Investor and (host) state protection - India proposes a new model for BIT
01 一月 0001
Investor State Dispute Settlement (ISDS) mechanism which allows a foreign investor to sue sovereign states claiming compensation for loss of investment has been in focus for a number of reasons ranging from enormity of compensation awarded , use of multiple forums and almost endless litigation in enforcement of award to genuineness of claims and against regulatory laws .
Test
01 一月 0001
<strong>By Subhashree<br /> <br /> Investor State Dispute Settlement (ISDS) mechanism which allows a foreign investor to sue sovereign states claiming compensation for loss of investment has been in focus for a number of reasons ranging from enormity of compensation awarded<sup><sup>[1]</sup></s