articles
International Trade & WTO
US provisions violate WTO’s SCM agreement – DSB Panel
07 August 2014
The Panel composed by Dispute Settlement Body of the World Trade Organization (Panel) in United States – Countervailing Measures on certain Hot-rolled carbon steel flat products from India released its report on 14-7-2014. The dispute was filed by India in 2012 and it relates to WTO compatibility
Intellectual Property Rights
Registration of license / assignment deed under the Patents Act - Mandatory or not?
07 August 2014
A license agreement or an assignment deed is an agreement between a right holder and the licensee and/or assignee wherein the right holder permits the licensee and/or assignee to use rights owned by the right holder in exchange for a consideration, whether in the form of a one-time settlement or a periodic royalty.
Legal status of clarifications through Budget instructions of CBEC
23 July 2014
In this year’s budget, i.e. Budget 2014-15, the Joint Secretary, Tax Research Unit [JS (TRU)-I], Central Board of Excise & Customs [‘CBEC’ or ‘Board’], has sought to clarify the legal position involving interpretation of certain Customs and Central Excise notifications through an annexure to his covering letter [see end note 1] addressed to the Chief Commissioners and Commissioners of Customs and/or Central Excise.
Direct Tax
Tax treatment of exchange fluctuation loss on ECB
23 July 2014
One of the most apprehensive subjects for India for last couple of years has been the dwindling rupee value which besides triggering inflation and broadening the current account deficit has also augmented certain tax related issues.
International Trade & WTO
Investment protection - Investing in confidence
23 July 2014
The divergence between a nation’s domestic laws and the provisions in international treaties is not something new.
Satellite Communications Policy in India – Time to revisit and revise
23 July 2014
Recently, the Indian Space Research Organization, popularly known as ISRO, launched a PSLV C-23 rocket carrying a French Earth Observation Satellite along with four other satellites belonging to Germany, Canada and Singapore.
Intellectual Property Rights
Is new hardware required for patenting computer implemented inventions in India?
20 June 2014
Interpretation of Section 3(k) of the Patents Act, 1970 (the Act) that imposes an absolute bar on patentability of business methods, mathematical methods, algorithms and computer programs per se continues to remain a contentious issue for applicants and IP professionals in India.
Corporate Advisory
Committees under the Companies Act, 2013
17 June 2014
With an eye on improving governance the Companies Act, 2013 (2013 Act) mandates a number of Board committees for specified companies for audit, nomination and remuneration, Corporate Social Responsibility and stakeholders relationship. Clause 49 of the Listing Agreement also envisages such committees for listed entities.
How impartial is service tax law to partial constructions?
11 June 2014
Section 66E(b) of the Finance Act, 1994 enacted pursuant to the introduction of the negative list regime with effect from 1-7-2012 reads as under:
International Trade & WTO
Unforeseen developments under safeguard investigations – International standard and Indian practice
06 June 2014
By Tarun Bhati Introduction WTO Members who initiate and conduct safeguard investigations are required to abide by the requirements of both, the WTO Safeguards Agreement as well as GATT, Article XIX. Article XIX: 1(a) of GATT states, in relevant part, as follows: “If, as a result of unforese
Intellectual Property Rights
Issue of design-copyright interface – A ‘triable issue’
26 May 2014
The High Court of Madras, in a recent decision in the matter of Standard Corporation India Inc., v. Tractors and Farm Equipment Ltd [see end note 1].
Securities Laws
The perfect Share Purchase Agreement
16 May 2014
Share Purchase Agreements (SPA) come in different colors and shapes - long, short, detailed, complicated, conditional, two or multi-party. One common thread is the need to make SPAs balanced and most importantly, enforceable.
Centrica’s law on secondment of employees – Hurting hard UK companies
15 May 2014
By Sumeet Khurana & Ashish Karundia In this era of rapid globalization, the multinational companies (MNCs) are increasingly outsourcing ‘non-integral’ and ‘non-revenue generating’ (business support) functions to their subsidiaries or to third party vendors, located in low cost jurisdiction such
Direct Tax
Centrica’s law on secondment of employees – Hurting hard UK companies
15 May 2014
In this era of rapid globalization, the multinational companies (MNCs) are increasingly outsourcing ‘non-integral’ and ‘non-revenue generating’ (business support) functions to their subsidiaries or to third party vendors, located in low cost jurisdiction such as India.
International Trade & WTO
India’s stand before WTO as an instance of evidence in trade remedy investigations
08 May 2014
This article presents a short analysis of the recently issued final findings in the safeguard review investigation on imports of PX-13 also known as 6 PPD into India, issued by the Directorate General of Safeguards (“DG”) on 24 April 2014.
Intellectual Property Rights
Trademark – Prosecution under PMLA for alleged infringement
22 April 2014
In a new dimension to enforcement of trademark rights in India, the Enforcement Directorate (ED) of the Government of India has reportedly initiated action against two firms for allegedly infringing the registered trademarks of the public sector enterprise, Steel Authority of India Ltd. (SAIL).
Regulatory Laws
Sports law reforms in India – Agenda for 2014
21 April 2014
The United Nations estimates that 3% of the total economic activity globally emanates from sports. This is significant, given that most leading industries cannot boast of such a large impact on the world GDP. Further, the frenzy, patriotic fervor and passion generated by sports makes it the equivalent of war leading some legends like Bill Shankly to comment: “[football] wasn’t a matter of life and death, it was far more important”.
Intellectual Property Rights
Patents (Amendment) Rules, 2014 – Certain issues with the definition of small entities
24 March 2014
On February 28, 2014 the Indian Patent Office (IPO) notified the Patents (Amendment) Rules, 2014 (“Rules”).
Intellectual Property Rights
Patents Act – IPAB re-emphasizes compliance with Sections 14 and 15
24 March 2014
The Intellectual Property Appellate Board (IPAB) by its recent orders [see end note 1] dated 20th January, 2014 and 23rd January, 2014, set aside the orders of Assistant Controller rejecting the patent applications for a "sterile pharmaceutical composition" [see end note 2] and a "crystalline polymorph of a bisulfate salt of a thrombin receptor antagonist" [see end note 3] on grounds of lack of compliance with Section 14 and Section 15 of the Patents Act, 1970 (the Act) respectively.