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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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Parliamentary Committee recommends re-establishment of IPAB and many changes in Indian patent regime

27 七月 2021

The Department Related Parliamentary Standing Committee on Commerce has on 23 July 2021 submitted its Report reviewing the intellectual property rights regime in India. The Committee in its 161st Report submitted before both the Houses of the Indian Parliament, while recommending the re-establishing the Intellectual Property Appellate Board (‘IPAB’), has also suggested many changes in the Patents Act, 1970.

Customs brokers licence and registration under sea cargo regulations to be valid for lifetime

26 七月 2021

The Central Board of Indirect Taxes and Customs (‘CBIC’) has abolished the renewals of licence/registration under the Customs Brokers Licensing Regulations, 2021 and the Sea Cargo Manifest and Transhipment Regulations, 2018. The licenses/registrations once issued these Regulations would thus be valid for lifetime.

Consumer protection – Article in newspaper, providing inaccurate health advice, is not ‘defective product’

12 七月 2021

The Court of Justice of the European Union has held that an article in a printed newspaper that provides inaccurate health advice relating to the use of a plant which, when followed, proved injurious to the health of a reader, does not constitute a ‘defective product’ within the meaning of the EU’s Directive on liability for defective products.

Intellectual Property Division (IPD) created at Delhi High Court with immediate effect

07 七月 2021

The Delhi High Court has created an Intellectual Property Division (‘IPD’) at the High Court to deal with matters related to Intellectual Property Rights. As per the Office Order dated 7 July 2021 signed by the Registrar General, the IPD would be governed by the IPD Delhi High Court Rules...

Insolvency – Value of security or recoverability of debt not material for not triggering CIRP

21 六月 2021

The National Company Law Tribunal (NCLT), Mumbai has held that in a Petition under Section 7 of the Insolvency and Bankruptcy Code, 2016, only the debt and default need to be looked in to and that the value of the security would have no bearing on the legal requirement, which when satisfied would trigger the Corporate Insolvency Resolution Process (CIRP).

Copyright infringement – Direction to WhatsApp to suspend accounts unauthorizedly circulating film content

16 六月 2021

The Delhi High Court has directed WhatsApp LLC to suspend the WhatsApp accounts of specified defendants to ensure that they cease the infringement of the plaintiff’s copyright on WhatsApp.

IP rights cannot be allowed to be violated even if drugs for use against Covid

08 六月 2021

In a suit for alleged infringement of the copyright in the artistic work in the trade dress and attempt to pass off and infringe the trademark of the plaintiff in the word ‘Respule’, the Madras High Court has advised the defendant to suitably alter not only the trade dress, layout colour combination, design and artistic work on the label but also the words which are deceptively similar to plaintiff's trade mark.

Creditors/lenders can initiate insolvency proceedings against personal guarantors

05 六月 2021

The Supreme Court in a recent judgment has held that the Notification dated 15 November 2019 (‘Notification’), which notified the Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Rules, 2019 (Rules), is ‘legal and valid’.

Customs Valuation – Notional transportation cost not includible in value of fuel remaining in aircraft after incoming international flight

26 五月 2021

The Larger Bench of the CESTAT has recently held that notional cost towards freight charges is not required to be added to the value of Aviation Turbine Fuel remaining in the aircraft after its international flight into India. It held that firstly there was no transportation of ATF by the airlines and secondly, only the actual cost ‘paid’ or ‘payable’ can be added to the transaction value while no cost was incurred by the airlines here.

Crushing, pulverizing, converting and packing of spices into powder form is ‘manufacture’

26 五月 2021

The Larger Bench of the Customs, Excise and Service Tax Appellate Tribunal (‘CESTAT’) has on 25 May 2021 held that the activity of crushing, pulverizing, converting and packing of spices into powder form amounts to ‘manufacture’. The question as to whether the activity would be liable to service tax under Business Auxiliary Service (‘BAS’), was thus answered in negative.

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