News
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.
Trademarks – International registration – Deemed protection under Section 35E(5) cannot be extended when opposition filed within time
09 十一月 2022
The Delhi High Court has held that in case of failure of the Registrar of Trade Marks to notify its acceptance of extension of the trademarks under international registration (under the Madrid Protocol) where India has been designated to the International Bureau, a deemed protection cannot be extended to the trademark where the same has been opposed within the time for notice of opposition.
Provisions of MSMED Act will prevail over Arbitration Act – Presence of independent arbitration agreement is not material
02 十一月 2022
The Supreme Court in its judgment dated 31 October 2022 has held, that Chapter-V of the Micro, Small, and Medium Enterprises Development Act, 2006 (‘MSMED Act’), dealing with delayed payments to micro and small enterprises would override the provisions of the Arbitration and Conciliation Act, 1996 (‘Arbitration Act’).
No interest and penalty imposable on demand of Customs Additional duty, SAD and surcharge
18 十月 2022
The Bombay High Court has recently held that interest and penalty cannot be recovered by taking recourse to machinery relating to recovery of duty.
Arbitral Tribunal to provide rationale for determination of interest rate in the award
12 十月 2022
The Supreme Court has ruled that when discretion is vested on an arbitral tribunal to award interest at a rate that it deems reasonable, then a duty would be cast upon the arbitral tribunal to give reasons as to how it deems the rate of interest to be reasonable.
Bar of patentability under Section 3(d) – Non-identification of ‘known substance’ is fatal
06 十月 2022
The Delhi High Court has held that for an objection of non-patentability under Section 3(d) of the Patents Act, 1970 to be raised, the basic pre-condition would be the identification of the ‘a known substance’. Section 3(d) bars patentability of a ‘new form’ of ‘a known substance’, without establishing enhanced therapeutic efficacy.
Countervailing duty cannot be revoked before completion of sunset review
27 九月 2022
The Gujarat High Court has held that it is not open to the Central Government to straightway issue the Notification rescinding the countervailing duty, during the sunset review investigation in respect of continuance of countervailing duty which has been already initiated and kept undecided.
Resolution Plan ignoring dues of State Government/Legal Authority to be rejected
21 九月 2022
The Supreme Court has held that if the Resolution Plan ignores the statutory demands payable to any State Government or legal authority, the Adjudicating Authority is bound to reject the same.