News
Bringing rig into India for repairs is not import for home consumption
21 February 2017
Noting that the adjudication order did not record that the rig was in operation within the territorial waters of India, or that the rig did not operate outside the territorial waters of India, Supreme Court has set aside the demand of duty on said rig, brought in India for the purpose of repairs and subsequently sent out.
BAS – Liability on expenses incurred for joint operation of centre
21 February 2017
In a dispute where the assessee was managing and maintaining various facilities at the premises of IHC and receiving amounts towards expenses incurred for operation of the centre, CESTAT Delhi has rejected the contention of liability under Business Auxiliary Services.
Can non-working of a patent in India affect an interim injunction order
07 February 2017
Plaintiff, Bayer Intellectual Property GmBH, is a company incorporated under the laws of Germany. The plaintiff is the owner of patents IN 225529 and IN 188419 that relate to drugs VARDENAFIL and VARDENAFIL HYDROCHLORIDE respectively.
Phonetically and deceptively similar Trademarks prohibited in pharmaceuticals
07 February 2017
Plaintiff, Intas Pharmaceuticals Ltd, is a registered user of trademark “GABAPIN”. “GABAPIN”, in 1997, was adopted for marketing its medicinal product containing a chemical compound known as “Gabapentine”.
Form of participation in another enterprise to be satisfied to deem two entities as AEs
25 January 2017
The assessee is engaged in the business of manufacture and sale of polished diamonds. The assessee entered into an international transaction with a Belgian Entity by name Blue Gems BVBA.
Setoff of unabsorbed depreciation – ‘year’ mentioned in s.72A not means previous year
25 January 2017
The assessee (amalgamated Company) amalgamated with a Company by name SKUPL (amalgamating Company) as per the order of the Calcutta High Court in 2004.
Trademarks – Delhi HC grants interim injunction for use of mark ‘Aqua’ for mobile phones
25 January 2017
A Single Judge of the High Court of Delhi on 24-12-2016 has granted interim injunction in favour of the plaintiff observing that they had established a strong prima facie case for priority showing prior use and goodwill in the mark ‘Aqua’ in relation to mobile phones.
Trademarks - Permitted user cannot institute an infringement suit
25 January 2017
A Division Bench of the Delhi High Court on 4-1-2017 has set aside the decision of the Single Judge and returned the plaint on the grounds that the Plaintiff No.
Copyright infringement – Liability of an online intermediary
25 January 2017
A Division Bench of the Delhi High Court on 23-12-2016 has reversed a decision of the Single Judge on the issue of liability of an intermediary in copyright infringement.
UK moves on with Intellectual Property (Unjustified Threats) Bill
25 January 2017
The Intellectual Property (Unjustified Threats) Bill introduced in May 2016, passed the stage of Second Reading earlier this month.