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News & Briefings

The latest updates on relevant areas of law, curated by our team to be the most useful to clients as well as fellow legal practitioners.

News

Review of FDI Policy on various sectors

03 February 2018

Union Cabinet recently approved changes in the Foreign Direct Investment Policy (“FDI Policy”) allowing further liberalisation with a view to promote and provide ease of doing business in the country. On January 23, 2018, the Department of Industrial Policy & Promotion notified the amendments by way of Press Note No. 1 (2018 Series). These amendments will come into effect from the date of the FEMA notification in this regard.

25th meeting of GST Council – Certain highlights

22 January 2018

GST Council met for the 25th time on 18-1-2018 in New Delhi. Number of decisions, including reduction in GST rates for around 29 goods and 53 services were taken while also recommending reduction of late fees payable on delayed filing of certain returns. Some procedural relaxations in respect of cancellation of registration have also been proposed.

Protection of generic word bestowed with greater degree of burden of proof

08 January 2018

The Delhi High Court in a case of trademark infringement and passing off has rejected the contention for protection of a generic word ‘AYUR’ as trademark. The plaintiff had contended that the word ‘Ayur’ is invented by them and it has no meaning whatsoever. They also pleaded that because of its extensive use it has acquired distinctness and is identifiable only with their goods.

Government need not consult DTAB to prohibit manufacture of drug/cosmetic

06 January 2018

Supreme Court of India has held that it is not mandatory for the Central Government to hold prior consultations with the Drugs Technical Advisory Board, for exercise of power under Section 26A of the Drugs and Cosmetics Act, 1940.

No infringement on selling of replacement parts of complex product: CJEU

04 January 2018

The Court of Justice of the European Union (CJEU) has rejected the contention of various car manufacturers that Article 110(1) of the EU Regulation No. 6/2002 would not cover alloy car wheel rims.

IRDAI (Investment by PE Funds in Indian Insurance Companies) Guidelines

03 January 2018

IRDAI has issued certain guidelines with respect to investment in insurance companies either as an investor or as a promoter. These Guidelines provide clarity as they set out a regulatory framework that will now apply, and which will enable increased flow of Foreign Direct Investment into the country and will also unleash a new era for formation of new-age insurance companies that will lead to deeper penetration and growth of the insurance industry.

Highlights of 11th Ministerial Conference held in Buenos Aires

02 January 2018

The 11th Ministerial Conference (“MC’11”) was flagged off on 10 December, 2017 at Buenos Aires, Argentina. MC’11 has been held at a time when the Trade Facilitation Agreement has entered into force mandating (for the first time ever) a revision of the WTO Rule Book, the WTO Members have eliminated agricultural export subsidies, adopted measures to support LDCs (especially with respect to cotton trade) and expanded the Information Technology Agreement to eliminate substantial tariffs on trade.

Trademark – Prefix ‘’Bookmy’’ descriptive in nature for online booking services

27 December 2017

The plaintiff, registered proprietor of word mark and logos BOOKMYSHOW, was seeking permanent injunction against defendant from using in any manner mark BOOKMYSPORTS, of using prefix BOOKMY.

Trademarks Act does not contemplate permission of civil court to override other provisions for filing of rectification application

27 December 2017

The Supreme Court examined the various sections under the Trade & Merchandise Marks Act 1958 and Trademarks Act, 1999 to determine whether a person could resort to rectification proceedings before the statutory authorities (Registrar/IPAB) even in a situation where infringement proceedings had been instituted and the plea of validity of registration has not been taken or in case not taken up within the time limit specified.

Copyright of producer in cinematograph film includes dubbing rights

27 December 2017

The author of the script for a cinematograph film sought permanent injunction against the producer of the movie in Tamil language, from dubbing the film in Telugu language. The appellant-author claimed that he held the copyright in the script and had only permitted the producer to make the film in one language.  

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