News
Articles of Association shall prevail - Delhi HC
24 六月 2013
The High Court of Delhi has overruled the decision of the Company Law Board (CLB) wherein the CLB had held that since there was no bar on affirmative vote in the Articles of Association of the company, a provision in a Joint Venture Agreement providing for affirmative votes must be given effect to even if it is not incorporated in the Articles of Association of the company.
Purchase of goods on behalf of foreign buyer can be ‘purchase of goods for export’
21 六月 2013
The Karnataka High Court examined the issue of income arising or accruing or deemed to arise or accrue in India when certain allied activities like quality control are undertaken while acting as liaison between manufacturers and the head office.
Madrid Protocol – Indian accession comes into effect from 8th July
21 六月 2013
India, on 8th April 8, 2013, acceded to the protocol relating to the Madrid Agreement concerning International Registration of Trade Marks, known as Madrid Protocol, by depositing its instrument of accession with the World Intellectual Property Organization (WIPO).
FDI in multi-brand retailing clarified
21 六月 2013
The Department of Industrial Policy and Promotion (DIPP) has clarified the conditions to be satisfied to seek approval for foreign direct investment (FDI) in multi-brand retailing.
Customs valuation databases not for setting minimum values – WCO
14 六月 2013
The World Customs Organisation (WCO) has recommended that its members use customs valuation databases as a risk management and analysis tool and not use them to set minimum values for the purposes of customs valuation.
Passing off in designs and infringement by registered design holder
27 五月 2013
A Larger Bench of Delhi High Court has, on 15th May, 2013, held by majority that a holder of a registered design can institute an action for passing off and that he can institute a suit against a person who is also in possession of a registered design.
Competition Tribunal stays penalty on cement manufacturers
22 五月 2013
Competition Appellate Tribunal (COMPAT) has granted stay on penalty imposed on various cement manufacturers, subject to depositing 10% of the penalty within one month of its order.
Patent exhaustion does not apply to reproductions
21 五月 2013
The US Supreme Court has held that patent exhaustion does not permit a farmer to reproduce patented seeds through planting and harvesting without the patent holder’s permission.
FDI policy in multi brand retail upheld by SC
21 五月 2013
A three judge bench of the Supreme Court has dismissed the petition challenging the FDI policy in multi-brand retail.
Tablet computers classifiable as computers and not as mobile
15 五月 2013
Machines commercially referred to as “Tablet Computers” are more appropriately classifiable in Heading 8471, sub-heading 8471 30 of the Customs Tariff and not under Heading 8517 as mobile phones.