News
India set to introduce GST
23 十二月 2014
India took its first major step on GST when the 122nd Constitutional Amendment Bill, 2014 was introduced in Lok Sabha (House of People) on 19-12-2014.
Export of patented product for conducting studies, permitted
22 十二月 2014
Bombay High Court has held that sale even outside India would fall within the sweep of Section 107A of the Patents Act, 1970 providing for no infringement in certain cases, if it is reasonably related to development and submission of information as required under a law in force in India or outside India.
Similar marks on Pharma products – Confusion less likely
22 十二月 2014
A question arose as to whether the mark MOMARID to be registered for pharmaceutical and veterinary preparations is likely to cause confusion with an existing mark LONARID for pharmaceutical and sanitary preparations.
USPTO issues interim guidance on patentable subject matter
22 十二月 2014
The United States Patent and Trademark Office (USPTO) issued the 2014 Interim Guidance on Patent Subject Matter Eligibility on 16-12-2014 and it will be open for comments from the public till March 16, 2015.
Royalty payments for use of patents post-expiry
22 十二月 2014
The Supreme Court of United States on 12-12-2014, granted Certiorari and will decide on the question of whether it should overrule Brulotte v. Thys Co., 379 U.S. 29 (1964), which held that a license agreement requiring royalty payments for use of a patented invention after the expiration of the patent term is unlawful per se.
Dross & skimmings not liable to excise duty – Bombay HC
17 十二月 2014
Bombay High Court has quashed CESTAT Larger Bench Order which had held that aluminium dross and skimmings are excisable goods in view of the Explanation to Section 2(d) of the Central Excise Act, 1944 which was inserted with effect from 10-5-2008.
FDI in defence sector
17 十二月 2014
The Department of Industrial Policy and Promotion (DIPP) has provided a list of defence items as finalised by Department of Defence Production, Ministry of Defence and has clarified that items not in the list, and dual use items i.e. items having military as well as civilian applications, would not require industrial license for defence purposes.
BIFR does not automatically lose jurisdiction once company gets revived
17 十二月 2014
The Supreme Court of India has held that after a reference is registered by the Board for Industrial and Financial Reconstruction (BIFR), all throughout the subsequent stages, BIFR has complete supervisory control over the affairs of such company till it is revived or the decision to wind up such company is taken.
Land Developer Scheme linking returns to land value appreciation is a ‘Collective Investment Scheme'
17 十二月 2014
SEBI has held that fund mobilizing activity of a company under the garb of real estate business for sale/purchase, development and maintenance of agricultural land is covered within the parameters of ‘collective investment scheme’ as defined in Section 11AA of the SEBI Act, 1992.
WTO upholds major claims of India in steel dispute appeal
11 十二月 2014
India achieved a significant victory at the WTO on December 8, 2014, as the Appellate Body has held that the Countervailing Duty (CVD) measures imposed by the United States against certain Hot Rolled Carbon Steel Flat Products are inconsistent with the provisions of the Agreement on Subsidies and Countervailing Measures (ASCM) of the WTO.