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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

Refund claim not maintainable unless self-assessment order is modified though appeal

20 September 2019

20th September 2019 3-Judge Bench of the Supreme Court has held that unless the order of assessment or self-assessment is appealed, no refund application against the assessed duty can be entertained. The Apex Court in this regard observed that

Competition - DG can investigate matter beyond CCI order of investigation

17 September 2019

Delhi High Court has held that an order of CCI under Section 26(1) of the Competition Act which triggers investigation by DG, does not circumscribe the scope of investigation by DG only to such matters which are subject matter of the original complaint.

Competition - DG can investigate matter beyond CCI order of investigation

17 September 2019

17th September 2019 Delhi High Court has held that an order of CCI under Section 26(1) of the Competition Act which triggers investigation by DG, does not circumscribe the scope of investigation by DG only to such matters which are subject matter of the orig

Draft model guidelines on IPR policy for academic institutions released

12 September 2019

Cell for IPR Promotion and Management (CIPAM), Department for Promotion of Industry and Internal Trade (DPIIT) under the Ministry of Commerce and Industry of India, has recently released draft model guidelines on implementation of IPR policy for academic institutions.

Draft model guidelines on IPR policy for academic institutions released

12 September 2019

12th September 2019 Cell for IPR Promotion and Management (CIPAM), Department for Promotion of Industry and Internal Trade (DPIIT) under the Ministry of Commerce and Industry of India, has recently released draft model guidelines on implementation of IPR pol

Mandatory registration of import of certain products of iron and steel into India

12 September 2019

12th September 2019 The Directorate General of Foreign Trade has amended the Import Policy concerning certain iron and steel products by Notification No 17/2015-20 dated 05th September 2019. As per this Amendment Notification, the import poli

Trademark - Passing off in packaged water be treated same as in pharma

11 September 2019

11th September 2019 Bombay High Court has held that in public interest, passing off in packaged drinking water should be dealt in a similar way as cases involving medicinal products, and a lesser burden of proof showing confusing similarity is required as ag

Appeal against CESTAT Order on violation of exemption condition lies before High Court

06 September 2019

6th September, 2019 3-Judge Bench of the Supreme Court has on 5-9-2019 held that an appeal against the CESTAT Order, involving violation of conditions of Customs exemption notification, would lie before the High Court and not the Supreme Court.

Appointment of arbitrator – Arbitration Section 11 when not applicable

02 September 2019

2nd September 2019 The 3-Judge Bench of the Supreme Court has upheld the view that Section 11 of the Arbitration and Conciliation Act, 1996, for appointment of arbitrator by the Court, is not applicable in a dispute involving NHAI as National Highway Act, 19

Patents - Registration under Insecticides Act is not ‘prior publication’

02 September 2019

2nd September 2019 Delhi High Court has held that just because an earlier registration under the Insecticides Act, was in favour of the plaintiff and later the defendant, it does not mean that the patented process was disclosed. It noted that

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