News
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.
Amnesty Scheme in Service Tax is operational
15 五月 2013
An amnesty scheme ‘Voluntary Compliance Encouragement Scheme’ has become operational from 10th May, 2013 consequent to issuance of related rules. The Central Board of Excise & Customs has issued Notification No. 10/2013-S.T., dated 13-5-2013 framing the Service Tax Voluntary Compliance Encouragement Rules, 2013.
Parallel behavior of non-participation in bid is anti-competitive
10 五月 2013
The Competition Appellate Tribunal in a recent order has held that behaviour of the explosive manufacturers in boycotting the bid for supply to Coal India as anti-competitive but the deterrent punishment should not be so much as to affect their ability to deliver the goods in an efficient manner.
ITAT explains international transaction
09 五月 2013
In a recent order, the Income Tax Appellate Tribunal (ITAT), Mumbai had the occasion to go into the question of what is or is not an international transaction. The parent company of the appellant had sold its imaging business, globally.
Mere viewing of content on computer screen cannot be infringement
09 五月 2013
Infringement due to creation of transient or temporary copies being made in course of transmission though legal by itself has been debated time and again.
Revised FDI Policy released
20 四月 2013
Consolidated and revised Foreign Direct Investment (FDI) Policy has been issued by the Department of Industrial Policy and Promotion in the Ministry of Commerce & Industry.