articles
Intellectual Property Rights
Delhi High Court rules on disparagement of trademark
16 January 2014
A Division Bench of the Delhi High Court in a recent decision dated 10-12-2013 held that the television commercial which compares the product ‘Pepsodent Germicheck’ with ‘Colgate ST’ is not per se disparaging.
International Trade & WTO
The Trade Facilitation Agreement - Understanding the nuances
02 January 2014
In The Trade Facilitation Agreement (TFA) was signed at Bali eliciting congratulations and relief, apparently lending credibility to the World Trade Organisation (WTO).
Intellectual Property Rights
Scope of ENV under PVP Act vis–a-vis the Seeds Act
23 December 2013
The Registrar, Plant Varieties Authority at New Delhi, vide its recent order of October 28, 2013 has held that parental lines of extant varieties [Extant (Notified) Variety - ENV]
International Trade & WTO
Quantitative Restrictions – An Overview
13 December 2013
Article XI of GATT contains one of the cornerstones of the disciplines regarding multilateral trade regime established under the WTO i.e.
Service tax on Education Service
13 December 2013
As rightly quoted by Ralph Waldo Emerson – “For every benefit you receive a tax is levied”. Taxes are now being levied on many transactions.
Intellectual Property Rights
Brazilian patent law – Proposed reforms inspired by Indian law
25 November 2013
Brazil was the fourth country in the world to enact a patent law (in 1809) and it was also a founding member of the Paris Convention in 1882.
Corporate Advisory, Mergers & Acquisitions / PE
Changing contours of mergers and acquisitions under Companies Act, 2013
25 November 2013
The task of enacting a new law to regulate companies in India is complete. The Companies Act, 2013, (“New Act”) in its new avatar, mirrors several changes when compared to the law contemplated under the Companies Act, 1956 (“Old Act”).
Corporate Advisory
Flying solo with one person companies
25 November 2013
Adam Smith in the ‘Wealth of Nations’ (1776) declared “Individuals always weigh their own interest more than the group”. He made this statement at a time when tradesmen in Europe were organizing themselves into groups to enhance their scale of business and leverage potential markets available for their goods in exotic, far away colonies.
Obligation to tolerate an act – A declared service
15 November 2013
By Iype Mathew One of the special features of the negative list based service tax regime, introduced with effect from 1st July, 2012, is the introduction of the concept of declared services (Section 66E of the Finance Act, 1994). Declared services, which are actually descri
International Trade & WTO
National Treatment principle - Analysis of GATT Article III
15 November 2013
Among the pillars of the modern trading system that developed due to the genesis of GATT/WTO, principle of National Treatment is arguably one of the most significant.
International Trade & WTO
Safeguard measures - Extension post-expiry, not correct
30 October 2013
The framework for duration and review of safeguard measures is provided under Article 7 of the Agreement on Safeguards (AoSG).
Intellectual Property Rights
Hot news doctrine - Inapplicable in India
21 October 2013
Deciding an appeal [ see end note 1 ], the Division Bench of the Delhi High Court has set aside the Single Judge's decision [ see end note 2 ]
Intellectual Property Rights
Research exemptions not deemed as patent infringement
21 October 2013
According to the Indian Patents Act, 1970 (‘the Act’), a product patent gives an exclusive right to the patentee to prevent third parties, who do not have his consent, from making, using, offering for sale, selling, or importing the patented product into India till the product patent is valid.
VAT on developers - Certain issues
16 October 2013
The Supreme Court in the case of Larsen & Toubro Limited & Anr v. State of Karnataka & Anr.
Corporate Advisory
Class actions under the Companies Act, 2013
16 October 2013
A class action allows a number of claimants with a common grievance against a company to file a lawsuit against it. Claimants can pool their resources, share attorneys’ services and save the time and costs of litigation. The scale of economies associated with class actions seem especially critical to those individuals who have limited resources or small claims that render individual lawsuits expensive and unfeasible.
Corporate Advisory
Investigation & whistle-blowing provisions under Companies Act, 2013 – An overview
16 October 2013
The Companies Act, 2013 (“new Act”) contains stringent provisions to contain corporate frauds. A new “investigation” procedure has been provided under Sections 210 to 229, as against Sections 235 to 251 of the Companies Act, 1956, (“old Act”).
International Trade & WTO
Labour standards and international trade – Some issues
08 October 2013
In July 2013 United States of America withdrew trade benefits available to Bangladesh, one of the least developed countries, under the Generalised System of Preferences (GSP) quoting lack of worker security and workers’ rights in Bangladesh.
Corporate Advisory
Companies Act 2013 – New Dimensions
24 September 2013
The Companies Bill 2012, tabled in the Indian Parliament in 2011 was passed by the Lok Sabha on December 18, 2012 and thereafter by the Rajya Sabha on August 8, 2013. The Bill received the assent of the President on August 29, 2013 and was notified in the Official Gazette on August 30, 2013.
Intellectual Property Rights
Working of patents in India
17 September 2013
Primarily, in order to understand the reasoning behind why a patentee or a licensee thereof is required to furnish information regarding the working of patents in India, it may be pertinent to study the Statutory provisions envisioned under Section 83 of the Patents Act, 1970 hereafter referred to as the Act.