News
Trademarks – Composite marks to be compared as a whole
28 January 2016
Considering the principles laid down by the Apex Court in the case of Cadila Healthcare v. Cadila Pharmaceuticals, the Delhi High Court has held that alleged use of the mark BECTODINE by the defendants subsequent to the documented use of the trademark BETADINE by the petitioner, by about 34 years, was fraught with malafide and dishonesty.
WTO members secure Nairobi Package
11 January 2016
WTO members recently concluded their 10th Ministerial Conference in Nairobi by securing historic agreements on a series of trade initiatives.
Circumvention of anti-dumping duty – Time period for change in pattern of trade
11 January 2016
The Court of Justice of the European Union has held the Council Implementing Regulation (EU) No. 260/2013 invalid.
India revises its model BIT text
11 January 2016
India finalised the model Bilateral Investment Treaty (BIT) agreement last month. The first version was seen as pro-State with clauses like those relating to investor responsibilities, provision for the host State to make counter claim, absence of Most Favoured Nation clause and so on.
No interest if differential duty paid before finalization of provisional assessment
01 January 2016
The Supreme Court of India has dismissed the Special Leave Petition filed by the Revenue department against the order of the Bombay High Court in a case involving liability to pay interest when the duty was paid before finalization of provisional assessment.
PDI and free after sales services charges when not includible in transaction value of vehicles
01 January 2016
Pre-delivery inspection charges (PDI) and free after sales service charges, which are not charged by the manufacturers of vehicles from the dealers, are not to be included in the transaction value of the vehicles, on which the manufacturer has to pay Central Excise duty.
Patent for process of testing – Use in ‘manufacture’
28 December 2015
The Court of Appeals of the Federal Circuit, in respect of a process patent for testing a drug, has held that infringement only occurs under 35 U.S.C. § 271(g), as a result of “making” a product, and does not extend to testing to determine whether an already synthesized drug substance possesses existing qualities.
Interest Equalisation Scheme on pre and post shipment export credit
28 December 2015
Reserve Bank of India has allowed exporters to avail the Interest Equalisation on Pre and Post Shipment Rupee Export Credit. The scheme is effective from April 1, 2015.
Reporting of fraud by auditors - amendments come into force
28 December 2015
Provisions of Sections 14 and 15 the Companies (Amendment) Act, 2015 (21 of 2015), that amend Sections 143 and 177, respectively, of the Companies Act, have come into force from the 14-12-2015.
US Court rules on whether display of results in web search can infringe
12 November 2015
In yet another interesting tussle between retailers who chose not to opt for a particular e-commerce portal and the inevitable, may be, unintended results of the internet search yielding trademarked goods in the results page, the United States Court For Appeals for the Ninth Circuit (CAFC) put forth its views on initial interest confusion, possibility of confusion, intention to confuse and infringement.