News
Patent (Amendment) Rules, 2016
20 五月 2016
On May 16, 2016, India brought in various changes to the Patent Rules, 2003 making it more aligned with use of technology like mandatory e-submission of documents and hearing through video-conferencing besides changes in procedure and providing for expedited examination and so on.
Trademark – Non-receipt of consideration for assignment not relevant when same registered
20 五月 2016
The Delhi High Court has held that even in case of non-receipt of consideration for assignment of the trademark by the assignor, unless the entry made in the Trademark Register is removed by the appropriate authority, the assignor has no right to infringe the same very mark which is assigned by him.
Exemption for supply to R&D establishment
19 五月 2016
CESTAT Mumbai has allowed benefit of Notification No. 10/97-C.E. to air-conditioning and refrigeration equipment supplied to Research & Development Organisations namely, Vehicle Research & Development Establishment, and the Electronic & Radar Development Establishment, when the AC system were specially designed and modified, by the said customers, for use in specialized mobile operation theatres for use by the Indian Army in the field.
Lease equalisation levy is not consideration and not liable to Service tax
19 五月 2016
To qualify as ‘gross amount charged’ there must be a payment and it must be in the nature of a consideration for a service.
Arbitration of copyright issues, permissible
19 五月 2016
Bombay High Court has held that copyright issues that arise out of an agreement between parties are subject to arbitration, provided the arbitration clause in the agreement encompasses the same.
India-Mauritius Double Taxation Avoidance Convention re-cast
17 五月 2016
As per Procotol signed on 10-5-2016, India and Mauritius have agreed to certain amendments in the ‘Agreement for avoidance of double taxation and prevention of fiscal evasion with Mauritius’ (DTAC) between the two countries.
DRI officers not empowered to issue notices for imports before 8-4-2011
04 五月 2016
The Delhi High Court has held that officers of Commissionerates of Customs (Preventive), Directorate General of Revenue Intelligence (‘DRI’), Directorate General of Central Excise Intelligence (DGCEI) and similarly placed officers, do not have jurisdiction to issue show cause notices under Section 28 of the Customs Act, 1962, in respect of imports made prior to 8-4-2011.
Trademarks - Ex-parte ad-interim injunction possible only in case of distinctive mark
27 四月 2016
Division Bench of the Delhi High Court has vacated the ex-parte ad-interim injunction granted by the Single Judge Bench against a major mobile and personal computer manufacturer, for use of words ‘Split View’.
Copyrights – Interim injunction cannot be granted on cursory material
27 四月 2016
Bombay High Court has refused to grant ad-interim relief in a case of alleged copying of Plaintiff’s registered literary work (script of a movie) without his permission, license or assignment.
Copyright in sketches for dresses, not registered as design – ‘capable of being registered’ clarified
27 四月 2016
Delhi High Court has declined to grant injunction against infringement of copyright in drawings and sketches for dresses when the dresses were created more than 50 times using said design which was not registered under Designs Act.