News
Phonetic identity is an important index of similarity; Tests of phonetic, visual, and structural similarity are disjunctive
28 April 2022
The Delhi High Court while dealing with a suit for a permanent injunction observed that a phonetic identity or similarity is an important index of similarity or deceptive similarity of one mark against the other competing mark. It has also reiterated that the tests of phonetic, visual, and structural similarity or identity are disjunctive and not conjunctive.
Insolvency – ‘CIRP costs’ to include only salaries of employees who worked during CIRP
25 April 2022
The Supreme Court has held that the dues towards the wages/salaries of only those workmen/employees who actually worked during the Corporate Insolvency Resolution Process (CIRP) are to be included in the CIRP costs.
Mere similarities will not come under the purview of copyright
22 April 2022
The Kerala High Court has held that mere similarities will not come under the purview of copyright unless it satisfies the various clauses incorporated in Section 14 of the Copyrights Act.
Insolvency – Distinction of decree holders from financial creditors is intelligible
13 April 2022
The Supreme Court has on 11 April 2022 dismissed a Special Leave Petition against the decision of the High Court of Tripura at Agarthala, wherein the High Court had held that the distinction of decree holders as creditors from ‘financial creditors’ and ‘operational creditors’, is intelligible and takes forward the purpose of the Insolvency and Bankruptcy Code, 2016, without being discriminatory or arbitrary.
Income-tax assessment of amalgamating company when not wrong
07 April 2022
The Supreme Court has held that the question as to whether the corporate death of an entity upon amalgamation per se invalidates an assessment order, ordinarily cannot be determined on a bare application of Section 481 of the Companies Act, 1956, but would depend on the terms of the amalgamation and the facts of each case.
India-Australia Economic Cooperation and Trade Agreement: An Overview
05 April 2022
India has on 2 April 2022 signed an Economic Cooperation and Trade Agreement (ECTA) with Australia. After Japan and Korea, Australia is the third OECD country to sign a free trade agreement with India. This is India’s third Trade Agreement in recent times after it concluded similar agreements with UK (only early harvest agreement) and UAE.
GST and income tax changes from 1 April 2022
01 April 2022
Various changes are coming into force in the GST and Income Tax regimes, effective from the financial year 2022-23. Some of these changes flow directly from the Budget 2022 while others come from various circulars and notifications. Some of the major changes effective from 1 April 2022 are as ...
Supreme Court’s extension of limitation period owing to Covid-19 applicable to Trade Marks Opposition Proceedings
28 March 2022
The Delhi High Court has, vide its Order dated 21 March 2022 in Dr. Reddy’s Laboratories Limited & Ors. v. Controller General of Patents, Designs, and Trademarks & Anr.
No demand from successor entity when tax paid by predecessor during period from appointed date till approval of scheme of demerger by High Court
23 March 2022
The Gujarat High Court has set aside the demand from the successor entity in respect of the goods cleared during the period w.e.f. the appointed date till the scheme of demerger approved by the High Court, on which excise duty had already been deposited by the transferor/predecessor.
Patents – Exemption under Section 107A(b) covers only products patented under Indian Patents regime – Essentiality of elements to be seen
09 March 2022
Granting interim relief, the Court in the case Sotefin SA v. Indraprastha Cancer Society and Research Center also held that the words ‘patented products’ covered under Section 107A(b) of the Patents Act, 1970 would include only those products which are patented under the Indian Patents regime...