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新闻简报

The latest updates on relevant areas of law, curated by our team to be the most useful to clients as well as fellow legal practitioners.

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CCI can entertain complaint in matters of exercise of patent rights

03 六月 2020

Relying upon its decision in the case of Telefonaktiebolaget L.M. Ericsson, the Delhi High Court has rejected the contention that the remedies against alleged abuse of any rights by the patentee would fall exclusively within the remedies as provided under the Patents Act and, therefore, the jurisdiction of the Competition Commission of India (CCI) to entertain such disputes is impliedly excluded.

Amendment of plaint in trademark dispute – Jurisdiction of Joint Registrar and maintainability of appeal before Commercial Appellate Court

09 四月 2020

Deliberating on the issue as to whether the Joint Registrar acted without jurisdiction while deciding on the application for amendment in the plaint, the Delhi High has held that the amendments, which alter the period with effect from which the trademark “SUPERON” had been adopted by the respondent (plaintiff), and also claimed, for the first time, that the original adoption of the said trademark was by the plaintiff through sister concern, introduced changes of substance, and not merely of form

Foreign Trade Policy extended till 31-3-2021 – Last dates for various obligations relaxed

02 四月 2020

Foreign Trade Policy 2015-20 and the Handbook of Procedures Vol. 1, which were expiring on 31st of March 2020, have been extended till 31st of March 2021. DGFT has in this regard, with immediate effect, also made various other changes in the FTP and in the HoP, extending the validity and time periods of various provisions and thus granting relief to the exporters and importers in the present troubled times. Notification No. 57/2015-20 and Public Notice No. 67/2015-20, both dated 31-3-2020 have b

Condonation of delay in filing documents – Companies Fresh Start Scheme introduced, and LLP Settlement Scheme modified

01 四月 2020

Ministry of Corporate Affairs has introduced the “Companies Fresh Start Scheme, 2020” and revised the “LLP Settlement Scheme, 2020” to provide an opportunity to both companies and LLPs to make good any filing related defaults and make a fresh start as a fully compliant entity.

COVID-19 effect – Limitation period in all petitions, appeals, etc. extended

24 三月 2020

The 3-Judge Bench of the Supreme Court has on 23rd of March extended the period of limitation in all petitions/applications/suits/ appeals/all other proceedings.

Guidelines on regulation of Payment Aggregators and Payment Gateways

20 三月 2020

The Reserve Bank of India (RBI) has vide its circular dated March 17, 2020 issued ‘Guidelines on Regulation of Payment Aggregators and Payment Gateways’. In terms of the said circular, the RBI has prescribed (a) guidelines for regulating activities of payment aggregators (PAs); and (b) baseline technology recommendations for payment gateways (PGs).

COVID-19 effect – Court restrains government from taking coercive measures – Recovery proceedings deferred

19 三月 2020

Taking note of the extraordinary situation in the country due to pandemic Corona Virus (COVID-19) which calls for an extraordinary measure to be taken, the Division Bench of the Allahabad High Court has directed that all the concerned competent authorities, both administrative and non-administrative,

39th Meeting of the GST Council – Highlights

18 三月 2020

The GST Council has in its 39th Meeting held on 14-3-2020 taken many major decisions in respect of both GST rates and those involving law and procedures. Some of the important recommendations of the Council are highlighted below.

Sponsorship and endorsement expenses borne by importer when not includible in value of imports

13 三月 2020

CESTAT New Delhi has recently held that the sponsorship and endorsement expenses paid by the Indian importer to various athletes and players in India is not liable to be included in the assessable value of the goods (sports goods) imported by the importer. The Revenue department’s appeal which invoked Rule 10(1)(e) of the Customs Valuation (Determination of Value of Imported Goods) Rules 2007 for inclusion of said expenses was hence dismissed. Earlier, the Commissioner had found that the paymen

Trademarks – Amendment to plaint for passing off after registration of mark

11 三月 2020

Observing that the basic facts necessary for an infringement action were already present in the original plaint filed for passing off, excepting the fact of registration of the trade mark of the petitioner, the Calcutta High Court has allowed the application for amendment to plaint post grant of registration of trademark.

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