News
Trademarks – Prior use – Date of registration and not use, when relevant
17 April 2023
Taking note of Section 34 of the Trade Marks Act, 1999, the Delhi High Court has held that the relevant date for the purpose of establishing prior use, in the dispute, would be the ‘date of registration’ of the mark and not when the Plaintiff actually started using it.
IT Intermediary Amendment Rules 2023 notified for online gaming industry
12 April 2023
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (‘IT Intermediary Amendment Rule 2023’) have been notified on 6 April 2023, following an extended timeline of public consultation on the draft of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) which were published in January 2023. The summary of the IT Intermediary Amendment Rules 2023 is...
Foreign Trade Policy 2023 announced – Highlights
01 April 2023
With the new approach of tax remission instead of incentives; greater trade facilitation through technology, automation, and continuous process re-engineering; export promotion through collaboration; and focus on emerging areas like e-commerce exports, developing districts as export hubs, streamlining SCOMET policy, etc., the Indian Ministry of Commerce and Industry, has on 31 March 2023 unveiled Foreign Trade Policy 2023.
Anti-dumping Rules are not inconsistent with RTI Act – Disclosure of ‘confidential information’ is not possible
28 March 2023
In an interesting dispute involving interplay of anti-dumping proceedings under the Customs Tariff Act, 1975 and the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (‘Anti-dumping Rules’) with the Right to Information Act, 2005 (‘RTI Act’), the Delhi High Court has held that there is no inconsistency between the provisions of the RTI Act and the Anti-dumping Rules.
Money laundering provisions to apply to Cryptocurrency sector
20 March 2023
Based on the recommendations of the Financial Action Task Force (‘FATF’), the Finance Ministry, vide Notification dated 7 March 2023 has brought cryptocurrency exchanges within the ambit of the Prevention of Money Laundering Act, 2002 (‘PMLA’ or ‘Act’) by including them within the definition of ‘reporting entity’.
Trademarks – Rigours of Section 11(5) applicable even at stage of cancellation of registration
14 March 2023
The Delhi High Court has rejected the contention that rigour of Section 11(5) of the Trade Marks Act, 1999 would not dilute the applicability of Section 11(2) or 11(3) at the stage when cancellation of a registered mark is sought.
Person authorized by the company to sign a cheque is not the ‘drawer’
10 March 2023
The Bombay High Court has on 8 March 2023 held that the signatory of the cheque, authorized by the ‘Company’, is not the ‘drawer’ and that such signatory cannot be directed to pay interim compensation in terms of Section 143A of the Negotiable Instruments Act, 1881 (‘NI Act’), leaving aside the company.
Arbitration provision in SEZ Act will prevail over agreement between parties providing for remedy under Arbitration and Conciliation Act
07 March 2023
In a dispute where the question involved was whether the arbitrability should be under the Arbitration and Conciliation Act, 1996 Act or under the SEZ Act, 2005, the Telangana High Court has held that since Section 42 of the SEZ Act is a statutory provision with a non-obstante clause, it would have an overriding effect over clause 23 of the development agreement between parties...
GST Council’s 49th Meeting – Highlights
20 February 2023
The 49th meeting of the GST Council was held on 18 February 2023. Given here are the important recommendations of the Council.
Trademarks – Use on similar occasions do not make water guns and fireworks pistols alike
16 February 2023
The Delhi High Court has rejected the view of the Senior Examiner that the goods, in respect of which registration of the ‘COCK’ word mark was being sought by the Appellant (water spay toy guns), were similar to the goods in respect of which the ‘COCK’ device mark stood registered (toy pistols using amorces, used as fireworks).