News
When an interlocked toy is not essentially interlocked
19 June 2015
A toy can be in any shape. Toys have provided enough infotainment from children to pets, to customs lawyers if one recalls the disputes over classification of Halloween costumes and flying discs for dogs to play with (HQ H240490, Canine Hardware Inc) and of course IP lawyers.
Copyright law does not bar remedy against breach of confidence
19 June 2015
In a suit involving breach of confidence action which also alleged infringement of copyright, the Bombay High Court has granted interim injunction restraining the defendant from releasing the offending film alleged to be based on the script/screenplay of the plaintiff.
Clarification on Rollback provisions of APA
19 June 2015
Advance Pricing Agreement (‘APA’) Scheme was introduced in the statute in 2012, which authorizes the CBDT to enter into agreement with the taxpayers, prescribing the arm’s length price (ALP) for international transaction which have been undertaken (which are continuous in nature) and those to be entered into between related parties in the future.
EOUs – FTP provisions incorporated in Excise notifications
15 June 2015
Notification Nos. 22/2003-C.E. and 23/2003-C.E. have been amended by Notification No. 28/2015-C.E., dated 15-5-2015 to reflect the new Foreign Trade Policy 2015-20 notified by the Ministry of Commerce on 1st of April.
Transfer Pricing – Applicability to third party transactions
11 June 2015
To come within the ambit of transfer pricing, there has to be an international transaction. The two requirements of international transaction are that there must be a transaction between associated enterprises and either or both parties should be non-residents (prior to the amendment by Finance Act, 2014).
ADD – Inclusion of non-cooperating producers in Domestic industry
08 June 2015
European Union’s Court of Justice has upheld the investigation authority’s conclusion of including non-cooperating domestic manufacturers in the definition of domestic industry for the purpose of injury analysis.
WTO reviews India’s trade policy
08 June 2015
India’s trade policy is under review by the WTO for the sixth time. According to the report by the WTO’s Secretariat, though India continued its efforts to liberalize and facilitate trade, its tariff structure remains complex.
Trans-border reputation of trade mark
22 May 2015
The IPAB has held that mere filing of applications or obtaining certificates of registration for the impugned trade mark from some countries will not be sufficient to establish trans-border reputation.
TRIPS agreement does not create substantive rights – Canada on WTO challenge to plain packaging rules
22 May 2015
Canada submitted its views as third party on the issue of plain packaging measures introduced by Australia as regards tobacco products.
Company Law Tribunal constitutionally valid – SC
22 May 2015
Five Judge Bench of the Supreme Court of India has rejected the challenge to the constitutional validity of setting up of the National Company Law Appellate Tribunal (NCLAT).