articles
Restraining legal proceedings - Recent trends
19 February 2014
The general law of contract recognizes promises made for consideration as legally enforceable agreements. However, it frowns upon certain promises and prohibits their enforcement, including those that are in restraint of legal proceedings.
Corporate Advisory
Rights of nomination
19 February 2014
A nominee in common parlance is understood as a beneficiary who has been so nominated to receive the benefit of a moveable asset (money) on the death of the person who is the owner of such asset and who has named the nominee in the relevant document.
Cenvat credit – Of mindset and (juris)prudence
18 February 2014
From excisability and manufacture to valuation, Union Excise Duties have witnessed pitched courtroom battles over the past few decades.
International Trade & WTO
Single rate for producers & exporters from NME countries – An analysis
18 February 2014
On December 3, 2013, China has requested for a consultation with the United States of America for certain methodologies in 13 anti-dumping measures imposed by USDOC against China (DS471).
R’BIting Bitcoins
29 January 2014
Currencies across the globe need to have universal application and acceptability and have been given sovereign validity, sanctity by the respective countries that issue them. Each country issues its own unique currency that is valid within its territory.
Regulatory Laws
The Real Estate Bill - An Overview
29 January 2014
The real estate sector in India, despite its large size and numerous players still remains outside regulatory purview and discipline and continues to be in the unorganized sector. One sided contracts in favor of the builder, large cash transactions, lack of standardization and quality and delay in delivery of completed projects continue to plague this unorganized sector.
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.