News
Limitation for restoration application to be construed strictly
04 三月 2016
Stating that Section 60 is a self-contained code in the matter of prescribing the period for making an application for restoration with reasons and circumstances which led to the failure to pay the renewal fee and as such the Controller has no power to enlarge the period the Controller held the restoration application as ‘time barred’.
Trademarks – Sales invoice not enough proof of prior use
04 三月 2016
Intellectual Property Appellate Board (IPAB) has held that mere production of solitary document and that too a suspected one is not enough to establish by itself ‘prior use’ and adoption continuously for a substantial period.
Patents – Use of compound by way of particular dosage, not patentable
04 三月 2016
The Indian Patent Office at Kolkata has rejected the patent application of ‘Use of 2-6-(3-amino-piperidin-1-yl)-3-methyl-2,4-dioxo-3,4-dihydro-2H-pyrimidin-1-ylmethyl-4-fluoro-benzonitrile’ for treatment of diabetes.
Budget 2016 – Certain key changes in Customs law & procedures
03 三月 2016
The Indian Finance Minister presented today (29th of February) the Finance Budget for the year 2016-17.
Corporate Social Responsibility (CSR) clarified
29 一月 2016
The Ministry of Corporate Affairs has issued clarifications by way of Frequently Asked Questions (FAQ) relating to the Corporate Social Responsibility (CSR) obligations of companies under Companies Act, 2013.
Company courts not to interfere with proceedings under SARFAESI Act
29 一月 2016
The Supreme Court of India, with respect to the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002 (“SARFAESI Act”), has held that powers under the Companies Act cannot be wielded by the Company courts to interfere with proceedings by a secured creditor to realize its secured interests in terms of the provisions of the SARFAESI Act.
Start-ups – Government proposes radical changes in laws
29 一月 2016
With a view to stimulate the development of startups in India and to provide them with a competitive platform, the government of India has unveiled a three pronged plan which covers Simplification and Handholding; Funding Support Incentives; and having an Industry – Academia Partnership and Incubation.
Order denying provisional release of seized goods appealable before Tribunal
29 一月 2016
Section 110 of the Customs Act empowers a proper officer to seize goods while Section 110A allows an adjudicating authority to provisionally release seized goods pending the order of the adjudicating authority.
Customs duty on electrical energy produced in SEZ and supplied in DTA
29 一月 2016
The Supreme Court has dismissed the petition filed by the Revenue Department against the judgement of Gujarat High Court in the case Adani Power Limited v. UOI.
United State District Court of South New York – Rules on parody
28 一月 2016
Observing that sometimes it is better to ‘accept the implied compliment in parody’ and to smile or laugh rather than sue, the United State District Court of South New York held in favour of the alleged ‘diluter’ of the c.