News
Related party transactions - Section 188 of Companies Act clarified
28 七月 2014
Prohibition of any related party from voting in any special resolution of the company to approve any contract or arrangement (as specified in Section 188 of the Companies Act, 2013) is applicable only to the contract or arrangement for which the special resolution is being passed.
Competition law – Relevant market and locus standi for moving CCI
28 七月 2014
Competition Appellate Tribunal (COMPAT) on 4-7-2014 has held that there cannot be a restrictive ‘relevant market’ on the basis of a singular feature in the impugned goods (car in this case).
Bombay High Court upholds grant of compulsory licence for cancer drug
28 七月 2014
The Bombay High Court on 15-7-2014 has upheld the decision of the Controller and IPAB to grant compulsory licence (CL) for a cancer drug.
Registration under Section 33(3) of Copyright Act essential to administer license
28 七月 2014
The Bombay High Court on 26-6-2014 has held that only a society registered under Section 33(3) of the Copyright Act, 1957 (amended in 1994), can carry on the business of issuing and granting licenses.
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or the Commissioner (Appeals) in respect of grant of waiver of pre-deposit while filing appeals seems to have been withdrawn.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.