News
Public performance when content is provided to individual viewers
28 七月 2014
The US Supreme Court on 25-6-2014 held that in enabling subscribers to view broadcast of copyrighted content, using individual antennae, both elements of ’performance’ and ‘public’ were satisfied and such activity amounted to infringement.
Anti-dumping duty – Extension after expiry of original notification, not valid
21 七月 2014
Anti-dumping duty cannot be extended by amending notification issued after expiry of the original notification imposing definitive ADD.
Budget 2014 – Advance Rulings and Stay/pre-deposit provisions to be amended
10 七月 2014
Budget 2014 though on one hand brings some benevolent provisions in respect of applicability of Advance Ruling provisions to Private Limited Companies, the discretion of the Tribunal or the Commissioner (Appeals) in respect of grant of waiver of pre-deposit while filing appeals seems to have been withdrawn.
US Supreme Court reiterates inherent exception to patentability and test of inventive step
23 六月 2014
In Alice Corporation Pty. Ltd. v. CLS Bank International, decided on 19-6-2014, the US Supreme Court held that the respondent patents – method claim were invalid.
Patents - No strict rule of presumption of validity
20 六月 2014
20 June, 2014 There is no presumption of validity attached to a patent and hence challenge to it in an infringement proceeding cannot be set aside by taking presumptive approach. Observing that in a counterclaim, the six year rule, as held in various judgments, will not help the patentee if the
No inducement to infringe without direct infringement
20 六月 2014
Reasoning that protection under patent laws is for a set of claimed elements, the Supreme Court of USA has on 2-6-2014 held that when there is no direct infringement, a person cannot be liable for inducing infringement.
Digital fair copies of copyrighted material
20 六月 2014
An opinion and a judgement, on either side of the Atlantic Ocean published within a span of five days dealt with exceptions from copyright available to institutions when books – copyrighted or otherwise were digitised and made available to the public.
Reasonable expectations on Non-Violate clause in TRIPS agreement
20 六月 2014
The USA has called for ending the moratorium on complaints based on the non-violate clause in the TRIPS agreement.
Tax reforms panel suggests big, rapid changes
20 六月 2014
The Tax Administration Reform Commission (TARC) headed by Dr. Parthasarathi Shome has suggested merging of two Boards – Central Board of Excise & Customs (CBEC) and Central Board of Direct Taxes (CBDT).
Filter of extraordinary event in transfer pricing analysis
20 六月 2014
Even while being largely factual, transfer pricing cases make an interesting read and bring out new arguments.