articles
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.
Corporate Advisory
Doctrine of attribution in corporate criminal liability
17 September 2013
The question of making a company liable for for criminal offences committed by its directors, managers, officers and other employees while conducting business has gained importance in criminal law jurisprudence while being subject to debate
Goods and Services Tax
Availability of Cenvat Credit on partially paid invoices
16 September 2013
Prior to 2011-12 [see end note 1] service tax was payable on receipt basis in the calendar month or quarter, depending on the class of the assessee, immediately following the calendar month or quarter in which the payments are received towards the value of taxable services.
Regulatory Laws
Industrial/ Institutional Consumers – Complicating the uncomplicated
13 August 2013
The great Chinese philosopher Kong Qiu, famously known as Confucius, once said - “Life is really simple, but we insist on making it complicated”.
International Trade & WTO
Anti-dumping and countervailing duties – India and US Practice
29 July 2013
India follows a prospective method of Anti-dumping Duty (AD) and Countervailing Duty (CVD) imposition whereas the United States has adopted a retrospective method.
Intellectual Property Rights
Bar on mathematical methods under Indian Patents Act
29 July 2013
In accordance with the Indian Patents Act, 1970 (‘the Act’), Section 3 lists what are not considered to be inventions and therefore, non-patentable. Section 3(k) reads as follows.
Regulatory Laws
Land Acquisition Bill, 2011 – A comparative analysis with the Act
29 July 2013
The Land Acquisition Bill 2011 proposes a change in the definition of “public purpose”, which is a fundamental concept in land acquisition. Presently the definition of public purpose under the Land Acquisition Act, 1894 includes provision of village sites or the extension, planned development or improvement of existing village sites;
Direct Tax
Tax planning in letter and spirit
25 July 2013
The media, in recent months, has been focussing extensively on tax planning, tax avoidance and aggressive tax planning.
Goods and Services Tax
Facilitation of cross-border services - Imprecision in the POPS Rules
25 July 2013
International transactions involving provision of services now revolve around the concept of place of provision of service.
Intellectual Property Rights
Protecting property rights through common law remedies
24 June 2013
Contributing to the growing domestic IP jurisprudence, the Delhi High Court has recently upheld unfair competition tort in a matter pertaining to data and information emanating from a cricketing event and held that such information qualifies as quasi-property.