News
The overall appeal of a design
24 三月 2014
An award-winning design that appeals to children, toymakers and, in all likelihood, to IP lawyers was at the heart of the decision by the England and Wales Court of Appeals (Civil Division).
Appeals to DSB Appellate Body on the rise: Annual Report
19 三月 2014
The Dispute Settlement Body (DSB) of the World Trade Organisation (WTO) has issued its annual report elaborately explaining its procedures and working, while also thoroughly summarizing the reports circulated in year 2013.
CSR provisions to come into force from 1st April 2014
18 三月 2014
Section 135 of Companies Act, 2013 (Act) and Schedule VII demarcating Corporate Social Responsibilities (CSR) of companies in India shall come into force from 1-4-2014.
Arbitration – Separate application under Section 8 not required
18 三月 2014
The Delhi High Court has held that separate application under Section 8 of the Arbitration and Conciliation Act, 1996 is not necessary.
No cartelization by asbestos cement sheet manufacturers
18 三月 2014
Competition Commission of India has on 11-2-2014 in Suo-Motu Case No. 1 of 2012, held that there is no evidence to suggest cartelization by asbestos cement sheet (ACS) manufacturers and the provisions of Section 3(3) read with Section 3(1) of the Competition Act, 2003 have not been contravened.
Metallised yarn - A case on classification
14 三月 2014
An importer praying for levy of higher amount of customs duty makes for a very good yarn. The case Best Key Textiles Ltd v. United States may not have settled the issue for once and for all as to what is metallised yarn but it provides an interesting insight into arriving at a classification and whether it can be argued that levy of lower customs duty is a trade rather than revenue tool.
Dominant intention and common parlance – Recent VAT orders
26 二月 2014
In a spate of interesting judgements delivered recently, the Allahabad High Court provided refreshing insight into classification and taxability under VAT laws.
Seizing essence of IP protection
20 二月 2014
Time and again the question of when and how Customs can aid in enforcement of IP rights has come before the courts. It was the CJEU’s turn, answering a reference by the Danish court, to interpret Council Regulation (EC) No 1383/2003 of 22 July 2003, on measures to be taken against goods suspected of infringing IPR.
Communication to public must be to ‘new public’
20 二月 2014
Providing clickable links which lead the user to copyrighted material otherwise available to public is not unauthorised communication.
Use of keywords when amounts to commercial communication
20 二月 2014
Examining damage to origin function, the advertisement function and the investment function of trademark when the word /mark ‘lush’ is used in the site of the online retailer (defendant) though the trademarked products are not sold , the High Court (UK – Chancery Division – Intellectual Property) upheld the claim of infringement.