x

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.

News

GST Council cannot determine classification of goods – Flavoured milk made from dairy milk is not ‘beverage containing milk’ under Heading 2202

15 十一月 2023

The Single Bench of the Madras High Court has held that the function of the GST Council is not to determine the classification of goods under the provisions of the Customs Tariff Act, 1975. The High Court also held that flavoured milk made from diary milk is classifiable under Heading 0402 of the Customs Tariff Act, 1975 and not under Heading 2202 ibid.

Trademarks ‘Indian Royal Stag’ and ‘Indian Stag’, both used for IMFL, are deceptively similar with likelihood of confusion

14 十一月 2023

The Delhi High Court has held that the marks INDIAN ROYAL STAG and INDIAN STAG, both used for IMFL, have necessarily to be regarded as deceptively similar with likelihood of confusion thus leading to prima facie case of infringement.

GI registration fee set to be reduced – Draft GI of Goods (Registration and Protection) (Amendment) Rules issued

07 十一月 2023

The Ministry of Commerce has on 17 October 2023 issued Draft Geographical Indications of Goods (Registration and Protection) (Amendment) Rules, 2023 to seek objections and suggestions on the amendments to the Geographical Indications of Goods (Registration and Protection) Rules, 2002.

Insolvency – Doctrine of election – IBC provisions can be invoked even after issuance of recovery certificates by DRT

06 十一月 2023

The Supreme Court has held that the ‘doctrine of election’, stemming out of the law of evidence that bars prosecution of the same right in two different fora based on the same cause of action, cannot be applied to prevent a financial creditor from approaching the adjudicating authority for initiation of Corporate Insolvency Resolution Process against a corporate debtor.

The online gaming sector witnessed a series of watershed developments in the GST regime in the month of October 2023 from legislative and litigative standpoint. The key legislative development was the transition into the new deposit-based GST regime which has become effective from 1 October 2023.

30 十月 2023

The online gaming sector witnessed a series of watershed developments in the GST regime in the month of October 2023 from legislative and litigative standpoint. The key legislative development was the transition into the new deposit-based GST regime which has become effective from 1 October 2023.

Laptops, tablets, personal computers, etc. – Exemption from import authorisation provided in specific cases

26 十月 2023

The Indian Ministry of Commerce has on 19 October 2023 relaxed the provisions regarding requirement of import authorisation for import of laptops, tablets, personal computers, etc. It may be noted that the regime requiring import authorisation for laptops, tablets, all-in-one personal computers, and ultra small form factor computers and servers, falling under HSN 8471 of the ITC(HS), will be effective from 1 November 2023.

Refund of service tax is maintainable even when assessment/self-assessment is not challenged in appeal

23 十月 2023

The Larger Bench of the CESTAT has held that refund of service tax is maintainable in the absence of any challenge to assessment or self-assessment in appeal under the Finance Act, 1994.

‘Appropriate Office’ under Patents Rule 4 is not dispositive of jurisdiction of High Court under Article 226 of Constitution

18 十月 2023

The Single Judge of the Madras High Court in the case of Adiuvo Diagnostics Private Limited v. Union of India and Ors. [Judgement dated 27 September 2023 in WP(IPD)/23/2023] was adjudicating a writ petition by a pre-grant opponent against a refusal of a pre-grant opposition against a patent application [9067/DELNP/2010], leading to its grant.

Divisional Patent Applications in India – Delhi High Court clarifies the scope

16 十月 2023

The Division Bench of the Delhi High Court in the case of Syngenta Limited v. Controller of Patents and Designs was adjudicating a referral by a Single Judge, concerning the scope of divisional patent applications under Section 16 of the Patents Act, 1970. The Division Bench held that while plurality of inventions is required to file a divisional application, the plurality can be ascertained from the provisional or complete specification and need not be mandatorily restricted to the claims.

Scope of diagnostic methods under Section 3(i) of the Patents Act - Madras High Court elucidates

14 十月 2023

In a first by an Indian Court, the Single Judge of the Madras High Court in the case of The Chinese University of Hong Kong and Sequenom, Inc. v. The Assistant Controller of Patents and Designs, CMA (PT) No.14 of 2023 (Judgement dated 12 October 2023) interpreted the scope of the exclusion for diagnostic methods under Section 3(i) of the Patents Act, 1970 (‘Act’) and held that the invention claimed in the instant case is not excluded under Section 3(i) of the Act.

Browse News