News
Directorate General of Trade Remedies created in Department of Commerce
11 May 2018
In order to provide comprehensive and swift trade defence mechanism the Indian government has created an integrated single umbrella national authority to be called the Directorate General of Trade Remedies (DGTR).
27th Meeting of the GST Council – Highlights
07 May 2018
Goods and Services Tax (GST) Council met for the 27th time on 4th of May, 2018 and decided on various issues including simplifying the GST monthly return filing, and converting the GSTN into a fully government owned company.
Trademark/dress infringement – Punitive damages for violating interim order
02 May 2018
Delhi High Court has held that selling of chocolates under name of Golden Passion amounts to passing off, unfair competition, etc. An order of permanent injunction was passed upholding defendant’s chocolates as deceptively similar to plaintiff’s registered trade mark or trade dress FERRERO ROCHER.
Copyright – Lack of originality in work is touchstone in Rectification Petition
02 May 2018
The Delhi High Court has allowed the rectification application holding that artistic work in label NIHAL UTTAM is not an original work under Section 13 of the Copyright Act. It held that Respondent’s artistic work in the said label was substantial reproduction and colourable imitation of Appellant’s NIHAR COCONUT OIL.
Copyright – ‘Protected system’ under I.T. Act, and ‘Government work’
02 May 2018
The Honble Supreme Court has held that power of declaration of ‘protected system’ under Section 70 of the Information Technology Act, 2000 has to be read along with the provisions contained in Sections 2(k) and 17(d) of the Copyright Act, 1957 defining government work and vesting copyright in such
Trademark – No confusion between words ‘Blacksmith’ and ‘Goldsmith’
02 May 2018
Finding no case of infringement and passing off of mark ‘Blacksmith’ by mark ‘Goldsmith’, Delhi High Court has dismissed the suit for permanent injunction. It noted that dictionary meanings of words were different and they were unlikely to be remembered by breaking into two parts, i.e. Black
Insolvency – ‘Moratorium’ applicable to property of ‘Personal Guarantor’
05 April 2018
National Company Law Appellate Tribunal has held that ‘Moratorium’ under Section 14 of the Insolvency and Bankruptcy Code will not only be applicable to the property of the ‘Corporate Debtor’ but also on its ‘Personal Guarantor’.
Fugitive Economic Offenders Bill approved by Cabinet
04 April 2018
Union Cabinet has approve the Fugitive Economic Offenders Bill, 2017 providing for measures to deter economic offenders from evading the process of Indian law by remaining outside the jurisdiction of Indian courts and empowers the Government to confiscate the properties of such offenders in India.
Arbitration and Conciliation (Amendment) Bill, 2018
03 April 2018
The Union Cabinet has recently approved the Arbitration and Conciliation (Amendment) Bill 2018 for introduction before the Indian Parliament.
Patents - Counter claim in infringement suit better than revocation in IPAB
26 March 2018
In a case involving revocation application before IPAB and infringement suit before the High Court, Delhi High Court has held that effect of taking defence under Section 107(1) of the Patents Act or of making a Counter claim under Section 64 would be same.