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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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Trademarks – Indirect use of misleading country of origin is ‘material respect’ in definition of ‘false trade description’, which is not registrable

23 一月 2023

While examining as to whether the mark, depicting a white cross on a red background, and the ‘SWISS MILITARY’ word mark, individually or in conjunction with each other, can be registered in India in relation to textiles, footwear, etc., in Class 25, the Delhi High Court has held that false trade descriptions are not registrable.

Computers – All in one integrated desktop computer is not portable – Classifiable under TI 8471 50 00

18 一月 2023

The Supreme Court has on 17 January 2023 held that Automatic Data Processing Machines (‘ADP’) which are popularly known as ‘All­in­One Integrated Desktop Computer’ are to be classified under Tariff Item 8471 50 00 of the Customs Tariff Act, 1975 and not under Tariff Item 8471 30 10 ibid.

Recovery proceedings under SARFAESI Act will prevail over those under MSMED Act

10 一月 2023

The Supreme Court of India has on 5 January 2023 allowed an appeal against the decision of the Madhya Pradesh High Court which had held that Micro, Small and Medium Enterprises Development Act, 2006 ('MSMED Act') will prevail over Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act').

Sabka Vishwas (LDR) Scheme – Non-payment of settlement amount before stipulated date when not fatal

06 一月 2023

The High Court had declined to interfere in the dispute where the settlement amount under the Scheme could not be paid by the assessee before 30 June 2020

Use of trademark in form of translation or transliteration amounts to infringement

05 一月 2023

The Delhi High Court has reiterated that the use of the infringing mark in the form of a translation (same trademark but in a different language) or its transliteration, amounts to infringement. The Court in this regard observed that as per Section 29(9) of the Trade Marks Act, where the distinctive element of a registered trade mark consists of or include words, the trademark may be infringed by the spoken use of those words.

Design filing simplified – Public Notice for designs registration issued

27 十二月 2022

The Public Notice dated 16 December 2022, issued by the Office of Controller General of Patents, Designs, & Trademarks, Boudhik Sampada Bhawan, Mumbai, announced the much awaited and promised adoption of complete digitized e-filing and processing of design applications by the Designs Wing of the Indian Patent Office (IPO) in order to expedite the procedure of industrial design registrations in India.

GST Council’s 48th Meeting – Highlights

17 十二月 2022

The 48th Meeting of the GST Council was held on 17 December 2022 under the chairpersonship of the Union Finance & Corporate Affairs Minister. Few important trade facilitation measures including important measures for streamlining compliances in GST, as recommended by the GST Council, are highlighted

Trademarks – Argument of ‘family of marks’ available only to a Plaintiff

13 十二月 2022

Quoting with approval the book McCarthy on Trademarks and Unfair Competition, the Delhi High Court has observed that the doctrine of ‘family of marks’ is an argument available only to a Plaintiff asserting its rights and not to a Defendant to prove its defence against a Plaintiff’s intervening rights.

Digital Personal Data Protection Bill, 2022: Key Takeaways

23 十一月 2022

The Digital Personal Data Protection Bill, 2022 (the “Bill”) has been proposed by the Ministry of Electronics and Information Technology on November 18, 2022 for public consultation. This was released pursuant to the Joint Parliamentary Committee’s Data Protection Bill, 2021 (“2021 Draft”) and a series of drafts following the judgment of the Supreme Court in Justice K.S. Puttaswamy (Retd) v. Union of India.

TDS on indirect payments – ‘Commission’ includes both direct and indirect modes of payments

21 十一月 2022

The Supreme Court in the case of Singapore Airlines Ltd. v. CIT has held that provisions of Tax Deduction at Source (‘TDS’) under Section 194H of the Income Tax Act, 1961 would apply in case of commission paid by indirect mode of payment. The Court in this judgement dated 14 November 2022 observed that the word ‘commission’ is to be interpreted expansively, inclusive of both direct and indirect modes of payments.

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