News
Bar of patentability under Section 3(d) – Non-identification of ‘known substance’ is fatal
06 October 2022
The Delhi High Court has held that for an objection of non-patentability under Section 3(d) of the Patents Act, 1970 to be raised, the basic pre-condition would be the identification of the ‘a known substance’. Section 3(d) bars patentability of a ‘new form’ of ‘a known substance’, without establishing enhanced therapeutic efficacy.
Countervailing duty cannot be revoked before completion of sunset review
27 September 2022
The Gujarat High Court has held that it is not open to the Central Government to straightway issue the Notification rescinding the countervailing duty, during the sunset review investigation in respect of continuance of countervailing duty which has been already initiated and kept undecided.
Resolution Plan ignoring dues of State Government/Legal Authority to be rejected
21 September 2022
The Supreme Court has held that if the Resolution Plan ignores the statutory demands payable to any State Government or legal authority, the Adjudicating Authority is bound to reject the same.
No protection under Designs Act even if trademark registration cancelled subsequently
16 September 2022
In a case where the plaintiff had made a simultaneous claim in the shape of its product as a design as also as a trademark, the Delhi High Court has agreed with the defence of the defendant that the design of the plaintiff was incapable of being registered.
IBC prevails over Customs Act – Customs cannot recover dues once moratorium imposed
31 August 2022
A 3-Judge Bench of the Supreme Court in its judgment dated 26 August 2022 has held that the provisions of the Insolvency and Bankruptcy Code, 2016 will prevail over the provisions of the Customs Act, 1962.
Patents – Jurisdiction of Competition Commission
22 August 2022
Jurisdiction of the Competition Commission is not ousted the moment a complaint relates to the subject of patents.
SEIS benefits available even when no valid IEC number held at time of export of services
16 August 2022
The Bombay High Court has allowed the benefit of Services Exports from India Scheme (SEIS) in a case where the exporter had no valid Importer Exporter Code (IEC) number at the time of rendering export of services.
Competition Law 2.0 – An analysis of the Competition (Amendment) Bill, 2022
10 August 2022
The Competition (Amendment) Bill (‘Bill’) was first published for public consultation in February 2020 and it is only on 5 August 2022 that it has finally been tabled before the Indian Parliament. The Bill is a concerted effort to harmonize competition law with the evolving realities of businesses today. The Bill proposes to amend both substantive and procedural aspects of competition law. We discuss the top ten, key amendments proposed...
No service tax on composite works contract prior to 2007 changes – Apex Court rejects plea to reconsider decision in Larsen and Toubro Ltd.
03 August 2022
The Supreme Court has reiterated that service tax could not be levied on the service portion of the indivisible/composite works contracts prior to the introduction of the Finance Act, 2007, by which the Finance Act, 1994 came to be amended to introduce Section 65(105)(zzzza) pertaining to works contracts.
Chocolates ‘James Bond’ a complete knock-off of ‘Gems’ – Delhi HC notes similar packaging and confusion among children
29 July 2022
Considering the resemblance in the product packaging, as also the phonetic similarity between the marks ‘Gems’ and ‘James Bond’, the Delhi High Court has granted permanent injunction against the use of the latter mark by the defendant.