News
Enforceability of foreign arbitration awards in India
16 七月 2013
The Supreme Court of India has held that enforcement of foreign award would be refused under Section 48(2)(b) of the Arbitration and Conciliation Act, 1996 only if such enforcement would be contrary to (i) fundamental policy of Indian law; or (2) the interests of India; or (3) justice or morality; and the enforcing court does not exercise appellate jurisdiction at the time of enforcing the award.
Service tax on restaurants & accommodation struck down
12 七月 2013
The Kerala High Court has, on 3-7-2013, struck down the levy of service tax on restaurants and on service of providing short term accommodation.
Indian Customs introduces RMS for exports
26 六月 2013
To enable the Customs department to enhance the level of facilitation and speed up the process of cargo clearance, Risk Management System (RMS) is set to be introduced for exports from India.
Discovery of naturally occurring DNA not patentable
24 六月 2013
The United States Supreme Court has held that naturally occurring DNA, isolated from the rest of the human genome is not patentable but synthetically created DNA or cDNA (complimentary DNA) can be patented.
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.