News
Start-up India initiative - ‘Start-up’ defined
04 三月 2016
The Department of Industrial Policy and Promotion (“DIPP”), in order to bring uniformity in the implementation of the “Start-up India” initiative, has identified certain enterprises to be considered as “start-ups”.
Continuance of MD who is over 70 years of age - Special Board resolution required
04 三月 2016
Noticing glaring differences in the data and results depicted by the two research reports, casting a serious doubt on their authenticity and neutrality, Competition Commission of India (CCI) on 10-2-2016 has held that fluctuating market share figures of the various players show that the competitive landscape in the relevant market is quite vibrant and dynamic. The dispute related to the market share of radio taxi aggregators in the relevant market of Delhi.
Competition law – Contradictory reports on market share show vibrant competition
04 三月 2016
Noticing glaring differences in the data and results depicted by the two research reports, casting a serious doubt on their authenticity and neutrality, Competition Commission of India (CCI) on 10-2-2016 has held that fluctuating market share figures of the various players show that the competitive landscape in the relevant market is quite vibrant and dynamic.
Rectification proceedings before IPAB without permission of Court trying infringement suit
04 三月 2016
Deliberating on the question as to whether prior permission of the Court is necessary under Section 124(1)(b)(ii) of the Trade Marks Act, 1999 for rectification of a registered trademark, during the pendency of a suit, the Larger Bench of the Delhi High Court on 5-2-2016
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.