News
HDPE fabric is artificial silk
05 六月 2014
The High Court of Punjab & Haryana recently examined warp and weft to judge if HDPE woven fabric is artificial silk [A.R. Plastic P. Ltd. v. State of Haryana].
Multilateralism to stay despite RTAs - WTO Annual Report, 2014
04 六月 2014
The WTO released its Annual Report on 28-5-2014. Not surprisingly, the ‘Bali Package’ has been highlighted as an important milestone in negotiations.
Copyright of design when the same not registered under Designs Act
26 五月 2014
Drawing/design which is an artistic work under the Copyright Act, as also under the Designs Act, 2000, if not registered under the latter Act, will have protection under the Copyright Act only till the design is used not more than 50 times by an industrial process to produce an article.
Bombay High Court rules on meeting requirements
23 五月 2014
Even as the new Companies Act continues to unfold slowly, issues of interpretation and conflicts have started to appear.
Public offer as per Takeover Regulations includes voluntary open offer - Economic viability not ground for withdrawal
16 五月 2014
The fundamental issue which arose in this appeal before Supreme Court was whether an open offer voluntarily made through a public announcement for purchase of shares of the target company can be permitted to be withdrawn under Regulation 23(1)(d) of SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 (‘New Takeover Regulations’) on the ground that the voluntary open offer has become financially unviable.
Non-competitor cannot be held liable for denial of market access
16 五月 2014
The Competition Appellate Tribunal (COMPAT) has overruled the ruling given by Competition Commission of India in 2012 [Please refer Corporate Amicus-July 2012 issue for CCI Order] imposing penalty on cable operators for denial of market access to the broadcasters and other stakeholders, by certain cable operators who worked as a group, and hence acting in contravention to Section 4(2)(c) of the Competition Act, 2002.
Purchase of goods for execution of building contracts – concessional rate can be availed
16 五月 2014
The Calcutta High Court in Joyrath Projects P ltd v. Sales Tax Officer [W. P. No. 19185 (w) of 2013], had occasion to examine ‘transfer of property’ and determine whether good purchased for use in works contract being a building contract amounted to sale as per the Central Sales Tax Act.
Refund of ADD – Applicability of provisions of Customs Act
08 五月 2014
Delhi High Court has held that in the absence of Rules under Section 9AA(2)(i) of the Customs Tariff Act, 1975, limitation period of one year for making a refund application would be as indicated in Section 27(1B)(b) of the Customs Act, 1962, in the facts of the case.
Passing off action by former licensee – Trademark not to confine to particular product
22 四月 2014
Rajasthan High Court has on 31-3-2014 held that in cases of passing off, the question is no longer of “common field of activity”, but is of “common class of consumers”.
Combining words to allure, inform and also to be purely functional as a mark
22 四月 2014
A mere laudatory expression cannot be trademarked. It should be something more, but not just informational though it may be identified with the goods.