News
CJEU rules on necessity for originality in a parody
05 九月 2014
Exception for use of copyrighted material in parody is the flavour of the season in UK. Since the recommendation in Hargreaves review in 2011, statutory protection for use in parody has been taken up and is likely to come into effect later this year.
UK High Court on whether an airship is obviously a toy
05 九月 2014
Novelty in design and novelty in arguments don’t always translate into the desired results in the IP world. Fresh from very engrossing Kiddie trunk cases, the UK High Court [(2014) EWHC 2845 (IPEC)] recently examined buoyant flying toys shaped like fish.
Drawback - Brand rate can be claimed after availing All Industry Rate
02 九月 2014
An exporter is not barred from seeking fixation of brand rate of Duty Drawback under Rule 7 of the Drawback Rules merely because, at the time of export, he had applied for and was granted drawback at the All Industry Rate (AIR) under Rule 3.
Changes in Service Tax and Cenvat Credit Rules
28 八月 2014
Certain changes in service tax provisions announced in this year’s Union Budget will come into effect from 1st October, 2014.
Delhi HC rules on ‘setting up of business’
28 八月 2014
In yet another examination of when business had commenced, this time for the purpose of availing benefit under Section 10B of the Income Tax Act, 1961 (the Act) in respect of 100% Export Oriented Unit under STPI scheme, the Delhi High Court laid emphasis also on nature of activity and distinguished between a manufacturing entity and a service provider.
Company Law Settlement Scheme 2014 introduced
22 八月 2014
Ministry of Corporate Affairs has introduced Company Law Settlement Scheme 2014. This scheme provides for condoning delay in filing of annual documents (Annual Return and Financial Statements) on the MCA 21 electronic registry.
Arbitration - Disputes alleging ‘fraud’ and ‘misrepresentation’ capable of resolution
22 八月 2014
Bombay High Court on 31-7-2014 has held that ‘fraud’ and ‘misrepresentation’ as defined under Sections 17 and 18 of the Contract Act are well accepted grounds which would vitiate ‘free consent’ and consequently the contract itself and therefore, as a general rule, it cannot be said that once fraud and misrepresentation are alleged in the context of a contract, the subject matter of the dispute would be rendered incapable of resolution by arbitration.
Directors liable for breach of RBI Regulations irrespective of sanction of amalgamation
22 八月 2014
The Delhi High Court has on 1-8-2014, in a case relating to sanction of amalgamation scheme, held that if it is found that the transferee-company has violated any provision of the Reserve Bank of India Act then the Directors of such company, who are guilty of said breach, shall continue to be liable irrespective of the sanction of the amalgamation scheme.
Trademark – Assignment not registered before dissolution of assignee-company deemed as removed
22 八月 2014
Assignment of trademark should be registered within a reasonable period and if the trademark is not so registered before dissolution of the assignor company, the mark is deemed to have been removed or rectified from the Registry of Trademarks.
Pharma patent applications – IPO issues draft examination guidelines
22 八月 2014
The Indian Patent Office released the ‘Revised Draft Guidelines for Examination of Patent Applications in the Field of Pharmaceuticals’ on 12th August, 2014. Comments and suggestions can be sent before 2nd September, 2014.