articles
Intellectual Property
Not attending Hearing cannot be the basis for refusal of Patent application – Delhi HC remands matter
19 August 2024
The article discusses a recent decision of the Delhi High Court wherein the Court has held that non-appearance of the Applicant in the hearing before the Controller cannot dispense with the Controller’s obligation to pass a reasoned and speaking order. The High Court has held that the Appellant not attending the hearing cannot be the basis for passing a decision under Section 15 of the Patents Act.
International Trade & WTO
Free Trade Agreements – Analysis of proposed amendment to Customs Section 28DA vide Finance (No.2) Bill, 2024
09 August 2024
The article highlights the proposed amendment to Customs Section 28DA, relevant in case of imports under various Free Trade Agreements. The amendment substitutes the term 'Certificate of Origin' with 'Proof of Origin', and re-defines the term 'Issuing Authority'. The change is seen as a trade facilitation measure.
Corporate
The invisible tightrope: Navigating employer’s interests and employee’s privacy in India’s DPDP era
09 August 2024
The article discusses the seven fundamentals, cutting across specific provisions of the DPDP Act and critically examines the core principles underpinning the Act from the employers’ perspective. According to the authors, it is best if employers brace up and begin compliance preparations at the earliest and start preparing an updated data protection policy.
Corporate
Analysing Budget 2024 from the lens of Ease of Doing Business
08 August 2024
The article analyses the Budget proposals and discusses changes relating to attracting foreign investments, benefits proposed in tax regime, evolution in insolvency resolution, flexible company structures, credit enhancement to MSMEs, easy exits to companies, decriminalisation of offences, and proposal to incentivize states if they lower the stamp duty rates.
International Trade & WTO
A legal analysis of plurilateral rule making at WTO
05 August 2024
The article discusses the legal basis for plurilateral agreements and assesses their compatibility with the broader principles of multilateral rule-making at the WTO. It considers Articles III and IX of the Marrakesh Agreement Establishing the WTO and observes that such plurilateral joint initiatives have neither been blessed by the Ministerial Conference nor by the broader WTO Membership.
Goods and Services Tax
Section 11A of the CGST Act: Old wine in new bottle?
01 August 2024
This article examines the need and scope of the new Section 11A as proposed by the Finance (No. 2) Bill, 2024, and the potential challenges foreseeable by insertion of said provision in the Central Goods and Services Tax Act, 2017.
Intellectual Property
Pacing towards disentangling Section 3(p) of the Patents Act, 1970 relating to ‘traditional knowledge’
30 July 2024
The article chiefly focuses on the Madras High Court’s interpretation of Section 3(p) of the Patents Act, 1970 relating to 'traditional knowledge'. According to the authors, the decision is a first stride towards judicial clarification of Section 3(p). The interpretation provided by the Court is a much needed consolation sought by the Applicants where the Patent Applications relate to products or processes, misconstrued as being part of traditional knowledge.
Customs
Legislative changes under Budget 2024-25 – Introduction of ‘fetters’ to beneficial character of MOOWR scheme
26 July 2024
In this article, an attempt shall be made to explore the ramifications of a specific legislative change introduced in Budget 2024-25 vide Clause 101 of Finance (No.2) Bill, 2024 (‘Finance Bill’) in relation to Section 65 of the Customs Act, 1962 (‘Customs Act’). The amendment proposed under Clause 101 of the Finance Bill shall come into effect on the date of enactment of the Finance (No.2) Act, 2024.
Intellectual Property
Reaffirming standards: Bioavailability v. Therapeutic efficacy and Coverage v. Disclosure
22 July 2024
The article discusses the recent judgement of the Divisional Bench of the Delhi High Court in the case of Natco Pharma v. Novartis Ag and Anr. The bench focusses on the two pivotal issues under a broader question of a credible challenge to the validity of a patent. First was enhanced bioavailability data could be construed as proof of enhanced ‘therapeutic efficacy and second was the concept of Coverage v. Disclosure in patent applications.
Intellectual Property
Exploring the uncertainties surrounding Section 15 and Section 21(1) of the Patents Act
22 July 2024
The article examines a recent Bombay High Court decision wherein the Court had analysed the Order issued by the Controller under Section 21(1) of the Patents Act [deemed abandonment]. The article closely examines Section 21(1) and Section 15 of the Act and observes that there is potential confusion in the applicability of the two provisions. It also notes that the Controller in this case had issued a hearing notice informing that the patent application was deemed to be abandoned.
Direct Tax
Timely payments to MSMEs – A beneficial amendment with a delayed clarity in Income Tax provisions
19 July 2024
The article discusses Section 43B(h) of the Income Tax Act, 1961 which was introduced by Finance Act, 2023. Observing that despite the well-placed intent behind introducing the aforesaid provision, the cross-linkage of the Income Tax Act with the MSME Act may cause certain ambiguities specifically concerning the deduction of the provision of expenses, calculating the time limit under the MSME Act, etc.
Corporate
RoC’s recent adjudication order against a global corporate – A regulatory oversight on Significant Beneficial Ownership
04 July 2024
Recently, the Registrar of Companies, NCT of Delhi & Haryana imposed penalties against a global corporate and its Directors along with its Global CEO, including CEO of the holding company, for violating the provisions related to non-disclosure of Significant Beneficial Ownership (‘SBO’) under Section 90 of the Companies Act, 2013. The article analyses the jurisprudence behind the SBO and the RoC’s approach towards the Order.
International Trade & WTO
Cohen’s D test – An insight into the statistical tool used by the USDOC for determining targeted dumping
02 July 2024
The article discusses how the Cohen’s D test is utilized by the United States Department of Commerce (USDOC) for analyzing the existence of targeted dumping. which refers to a specific trade practice where exporters sell their goods at an export price differing significantly among different purchasers, regions or time periods.
Goods and Services Tax
Taxability of Extra Neutral Alcohol settled or not?
01 July 2024
The article discusses the taxability of Extra Neutral Alcohol/rectified spirit (‘ ENA ’), a denatured alcohol that is predominantly used as a raw material for manufacturing of liquor for human consumption that has been a bone of dispute between the Centre and the States.
Direct Tax
Filing statutory forms within specified time to avail tax benefits: Whether mandatory or directory?
24 June 2024
The Courts in the past have held that the filing of statutory forms within the due date prescribed under the Income Tax Act, 1961, is a directory (and not mandatory) requirement, to claim deductions/exemptions that are available to taxpayers. Recently, however, the Supreme Court judgment in Wipro Limited changed the course of the river. The author observes that such a drastic consequence does not seem to be the intention of the Supreme Court.
Goods and Services Tax
53rd GST Council Meeting set to convene: What is on the horizon?
21 June 2024
In this article, the authors discuss the issues which are likely in the pipeline for upcoming GST council meetings, particularly the 53rd GST Council Meeting.
Direct Tax
The Reverse Flip Gambit: Legal and Tax Manoeuvres for Indian Startups Coming Home
19 June 2024
The article discusses the few structures for achieving a ‘reverse flip’ and the attendant implications from exchange control and taxation perspective
Intellectual Property
Trademark Siesta: The risks of neglecting use of a trademark
18 June 2024
The article discusses nuances of cancellation of a trademark due to non-use. Deliberating upon the legal framework for non-use cancellation and a recent Delhi High Court decision on same, the authors also list certain strategies which may be implemented by the trademark owners to avoid non-use cancellation. According to them by understanding the risks and taking proactive steps, one can protect a brand’s goodwill, and identity and ensure that the trademark remains a valuable asset for business.
Intellectual Property
A rising need for a modern understanding of ‘Traditional Knowledge’ under Indian patent law
17 June 2024
The article sheds light on the current Indian Patent Law associated with safeguarding Traditional Knowledge. It discusses various case law and the Indian Patent Office’s Guidelines. According to the authors, keeping in view the recent time-honoured recognition given to traditional knowledge by the WIPO treaty, a statutory definition of the term as well as judicial interpretation of Section 3(p) can help both the Examiners and the Applicants.